Travel agency ordered by court to refund BD600 to customer after breach of contract

TDT | Manama

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The Lower Criminal Court has ruled in favour of a customer who sued a travel agency for breach of contract, ordering the agency to refund BD600.

As per the case details, the customer had signed up for a membership with the agency that promised travel services to Turkey and Amsterdam, but the agency failed to deliver on its promises, citing a change in management.

The plaintiff ’s lawyer, Kholood Mathloom, explained that her client entered into a contract with the defendant on August 4, 2021.

The contract stipulated that the client would receive a membership that provided various travel services. “My client paid 950 dinars for the membership.

In May 2022, however, my client attempted to use her membership to travel to Turkey, but discovered that the travel arrangements made by the agency did not align with the contract,” Mathloom said.

The lawyer further stated that in August 2023, the plaintiff contacted the agency to arrange a trip to Amsterdam and Brussels scheduled for October of the same year.

Change in management However, the agency refused to provide the service, citing a change in management.

This prompted the plaintiff to file a lawsuit seeking the termination of the contract and a refund of the BD950. Mathloom highlighted relevant legal provisions, including Article 1 of the Evidence Law, which states that the creditor must prove the obligation, while the debtor must prove its discharge.

She also cited Article 128 of the Civil Code, which emphasises that a contract is binding on both parties and cannot be unilaterally modified or revoked except as agreed upon or permitted by law.

Additionally, Article 142 of the Civil Code outlines the consequences of contract termination, including the restoration of the parties to their original positions.

Original positions The court, in its ruling, found that the defendant had breached the contract regarding the Amsterdam trip, justifying the termination of the contract and the restoration of the parties to their original positions. However, given the nature of the contract as a time-based agreement, complete restoration was impossible. The court acknowledged that the agency had partially fulfilled the contract by arranging the client’s trip to Turkey. The court assessed a fair compensation amount of BD600 after deducting BD350 for the Turkey trip. The court ruled in favour of the plaintiff, ordering the defendant to pay BD600, as well as court costs and attorney fees.