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    Geraldez, vs. CA & Kenstar Travel Corporation: G.R. No. 108253, February 23, 1994 Facts

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    Mark Voltaire Lazaro
    Petitioner booked a 22-day European tour package with Kenstar Travel Corporation but upon taking the tour, several aspects were not as advertised including the lack of a tour manager, substandard hotels, and failure to visit an advertised leather factory. The trial court awarded damages to the petitioner but the Court of Appeals reduced the amounts. The Supreme Court ruled that Kenstar acted with bad faith and gross negligence by hiring an inexperienced tour guide and failing to deliver the services promised. The Supreme Court ordered Kenstar to pay moral, exemplary and attorney's fees damages to the petitioner.

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    Geraldez, vs. CA & Kenstar Travel Corporation: G.R. No. 108253, February 23, 1994 Facts

    Uploaded by

    Mark Voltaire Lazaro
    128 views2 pages
    Petitioner booked a 22-day European tour package with Kenstar Travel Corporation but upon taking the tour, several aspects were not as advertised including the lack of a tour manager, substandard hotels, and failure to visit an advertised leather factory. The trial court awarded damages to the petitioner but the Court of Appeals reduced the amounts. The Supreme Court ruled that Kenstar acted with bad faith and gross negligence by hiring an inexperienced tour guide and failing to deliver the services promised. The Supreme Court ordered Kenstar to pay moral, exemplary and attorney's fees damages to the petitioner.

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    Geraldez

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    Petitioner booked a 22-day European tour package with Kenstar Travel Corporation but upon taking the tour, several aspects were not as advertised including the lack of a tour manager, substandard hotels, and failure to visit an advertised leather factory. The trial court awarded damages to the petitioner but the Court of Appeals reduced the amounts. The Supreme Court ruled that Kenstar acted with bad faith and gross negligence by hiring an inexperienced tour guide and failing to deliver the services promised. The Supreme Court ordered Kenstar to pay moral, exemplary and attorney's fees damages to the petitioner.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    128 views2 pages

    Geraldez, vs. CA & Kenstar Travel Corporation: G.R. No. 108253, February 23, 1994 Facts

    Uploaded by

    Mark Voltaire Lazaro
    Petitioner booked a 22-day European tour package with Kenstar Travel Corporation but upon taking the tour, several aspects were not as advertised including the lack of a tour manager, substandard hotels, and failure to visit an advertised leather factory. The trial court awarded damages to the petitioner but the Court of Appeals reduced the amounts. The Supreme Court ruled that Kenstar acted with bad faith and gross negligence by hiring an inexperienced tour guide and failing to deliver the services promised. The Supreme Court ordered Kenstar to pay moral, exemplary and attorney's fees damages to the petitioner.

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    © All Rights Reserved
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    Geraldez, vs.

    CA & Kenstar Travel Corporation


    G.R. No. 108253, February 23, 1994

    FACTS:

    Petitioner Geraldez filed an action for damages by reason of contractual breach against respondent
    Kenstar Travel Corp. Petitioner booked the Volare 3 tour with Kenstar. The tour covered a 22-day
    tour of Europe for $2,990.00 which she paid the total equivalent amount of P190,000.00 charged by
    private respondent for her and her sister, Dolores. At the tour, petitioner claimed that what was
    alleged in the brochure was not what they experienced. There was no European tour manager as
    stated in the brochure, the hotels where they stayed in which were advertised as first class were not,
    the UGC leather factory which was specifically included as a highlight of the tour was not visited and
    The Filipino tour guide provided by Kenstar was a first timer thus inexperienced. The Quezon City
    RTC rendered a decision ordering respondent Kenstar to pay moral, nominal, and exemplary
    damages totalling P1,000,000 and P50,000 attorney’s fees. On appeal, respondent Court of Appeals
    deleted the award for moral and exemplary damages and reduced the nominal damages and
    attorney’s fees to P30,000 and P10,000 respectively.

    ISSUE:

    Whether or not Kenstar acted in bad faith or with gross negligence in discharging its obligations in
    the contract?

    RULING:

    Yes. Kenstar acted in bad faith and with gross negligence in discharging its obligation. When they
    authorized an inexperienced and a first timer to be a tour escort, private respondent manifested its
    indifference to the convenience, satisfaction and peace of mind of its clients during the trip despite
    its express commitment to provide such facilities under the Volare 3 Tour Program which had the
    grandiose slogan “Let your heart sing”. This incompetence must necessarily be traced to the lack of
    due diligence on the part of private respondent in the selection of its employees. It is true that among
    the thirty-two destinations, which included twenty-three cities and special visits to nine tourist spots,
    this was the only place that was not visited. Clearly, therefore, private respondent’s choice of
    Zapanta as the tour guide is a manifest disregard of its specific assurances to the tour group,
    resulting in agitation and anxiety on their part, and which deliberate omission is contrary to the
    elementary rules of good faith and fair play. It is extremely doubtful if any group of Filipino tourists
    would knowingly agree to be used in effect as guinea pigs in an employees’ training program of a
    travel agency, to be conducted in unfamiliar European countries with their diverse cultures, lifestyles
    and languages.

    In either case, whether private respondent has committed dolo causante or dolo incidente by making
    misrepresentations in its contracts with petitioner and other members of the tour group, which
    deceptions became patent in the light of after-events when, contrary to its representations, it
    employed an inexperienced tour guide, housed the tourist group in substandard hotels, and reneged
    on its promise of a European tour manager and the visit to the leather factory, it is indubitably liable
    for damages to petitioner. The effects of dolo causante are the nullity of the contract and the
    indemnification of damages, 63 and dolo incidente also obliges the person employing it to pay
    damages. Wherefore, ordering private respondent Kenstar Travel Corporation to pay petitioner Lydia
    L. Geraldez the sums of P100,000.00 by way of moral damages, P50,000.00 as exemplary
    damages, and P20,000.00 as and for attorney’s fees, with costs against private respondent.

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