Melissa Argentina and Steven Toro booked a trip to Antigua through Liberty Travel.
Soon after they arrived at their destination, the couple was "upgraded" to a room which was farther away from their originally booked location (and where they wanted to be). They also objected to mosquitoes in their room, and were displeased that no "top shelf liquor" had been served at any of the resort's restaurants.
After Sandals refused to refund their money, the couple sued Liberty Travel and the agent who sold them the package.
While the Suffolk County District Court sympathized with the unhappy vacationers and awarded them $4,660, the Appellate Term, Second Department, reversed when it got the case.
As the travel agent, Liberty Travel only had to exercise "reasonable care and diligence," and was under no duty to verify the "quality of the accommodations."
Since the defendants didn't misrepresent what was being offered, the AT2 refused to ascribe any liability to their conduct and rescinded the judgment entered against them.
Was that a flip-flop?
To view a copy of the Appellate Term's decision, please use this link: Argentina v. Liberty Travel, Inc.