Petitioner
Estela L. Crisostomo
Respondent
The Court of Appeals
Citation
G.R. No. 138334
Court
Supreme Court
Division
First Division
Ponente
Ynares-Santiago, J.
Decided
August 25, 2003

Summary

This Supreme Court case involves a contractual dispute between a client and travel agency over a missed European tour. Petitioner Crisostomo contracted respondent Caravan Travel for a 'Jewels of Europe' package tour but missed her flight, allegedly due to wrong departure date information from respondent's employee. She took a substitute 'British Pageant' tour and demanded refund of the difference. The Supreme Court distinguished the case from common carrier law, ruling it involves ordinary service contracts under Civil Code standards. The Court found insufficient proof of respondent's negligence, noting the travel documents clearly showed correct departure dates and were delivered timely. Petitioner's failure to read her ticket constituted her own negligence. The decision affirmed the Court of Appeals ruling requiring petitioner to pay the remaining balance for the substitute tour, emphasizing that travel agencies are not common carriers and are held to ordinary diligence standards rather than extraordinary diligence.

Statutes applied

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By the Intellegal Editorial Board · August 25, 2003

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