## Facts

- James Jarvis booked a 15-day Christmas ski package holiday in Switzerland from Swans Tours after relying on detailed brochure promises about a “house-party” holiday, English-speaking hosts, ski facilities, and scheduled social events.
- Jarvis paid about £63.90 (including a holiday supplement) for travel and accommodations from 20 December 1969 to 3 January 1970.
- The delivered holiday substantially failed to match the brochure: the “house party” had few guests in week one and none in week two; the proprietor did not speak English; and Jarvis spent the second week essentially alone without English-speaking company.
- Ski arrangements were materially worse than implied, and several promised events and amenities were missing, minimal, or ineffective (e.g., limited afternoon refreshments, a brief “yodler evening,” and an almost always closed bar).
- Jarvis sued for breach of contract, seeking damages not only for reduced value but also for inconvenience, disappointment, and loss of enjoyment.

## Issues

1. Whether the brochure’s detailed statements were contractual terms (warranties) rather than non-binding sales talk.
2. What measure of damages applies when a contract’s main purpose is pleasure, relaxation, and enjoyment.
3. Whether contract damages can include compensation for disappointment, distress, upset, and frustration caused by breach of such a contract.

## Decision

- The Court of Appeal held that the brochure’s specific promises formed part of the contract and their inaccuracy amounted to breach.
- The court held that where the contract’s object is enjoyment or peace of mind (such as a holiday), damages may include compensation for disappointment and loss of enjoyment caused by the breach.
- The court found the trial award (limited largely to difference in value) inadequate and increased the damages to about twice the contract price (approximately £125).

## Legal Principles

- Detailed pre-contract holiday brochure promises can be incorporated as contractual terms when intended to induce the booking and relied upon by the customer.
- Contract damages may include non-pecuniary loss (disappointment, distress, upset, frustration, and loss of enjoyment) when providing enjoyment, relaxation, or peace of mind is a central purpose of the contract.
- Such non-pecuniary recovery is generally confined to contracts aimed at enjoyment or similar interests, not ordinary commercial bargains focused on financial performance.

## Conclusion

The Court of Appeal treated the holiday brochure’s promises as binding contractual terms and awarded enhanced damages because the holiday’s central purpose was enjoyment; the breach foreseeably caused not only reduced value but also compensable disappointment and loss of holiday pleasure.


Jarvis v. Swans Tours Ltd., 1 Q.B. 233 (C.A. 1973)