This section contains the nature of the case and procedural background.

P chose to go for the Christmas holiday in Switzerland. He got a brochure from Swan Tours Ltd, (D). It painted a beautiful picture of a House Party Holiday. P: would find himself in the midst of beautiful alpine scenery, which in winter becomes a wonderland of sun, snow, and ice, with a wide variety of fine ski-runs, a skating rink and an exhilarating toboggan run. Mr. Weibel, the charming owner of the hotel, speaks English. The package included afternoon tea and cake for 7 days. Swiss dinner by candlelight. Fondue party. Yodeler evening. Chali farewell party in the 'Alphütte Bar'. P could 'Hire of Skis, Sticks and Boots ... Ski Tuition ... 12 days £11.10.' P booked 15 days with a ski pack in August 1969 for £63.45, including Christmas supplement. He flew from Gatwick to Zurich on December 20, 1969, and returned on January 3, 1970. The 'house party' was only 13 people in the first week and none in the second week. Mr. Weibel could not speak English. The skiing was some distance away and the skis were only mini-skis, about 3 ft. long for the first week. There were no Swiss cakes, just crisps and little dry nut cakes. The 'yodeler' was a local man who came in work clothes and sang four or five songs quickly. The 'Alphütte Bar' was empty and only open one evening. P sued for breach of contract The trial judge awarded £31.72, as the difference between the value paid and the value of the service received (half of what was paid for). P appealed for more.

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