IN THE GAMBIA COURT OF APPEAL

By letter of the 3 rd February, 2000, the Defendant as it was properly
entitled to do, notified the Owner of the cancellation of the contracts for
the rest of the 1999/2000 season and the winter 2000/2001, due to “a
large number quality problems including health and safety issues”.
14. Despite several opportunities given to the Owner by the Defendant, the
Owner failed to carry out the required remedial works related to health
safety and hygiene.
15. Had the Defendant continued to send customers to the owner’s Hotel, the
Defendant would have incurred losses, harmed its business reputation and
would have continued to have to compensate guests and receive guest
complaints, since the Defendant is, under United Kingdom law,
responsible for liability for breaches of contract made with it customers.
16. The particulars in paragraphs 9 of the statement of claim are denied.
The terms of the Contracts entered into with the Owner, were for a
percentage of the total number of rooms in the Hotel (“an allocation”).
However, only those rooms actually booked and occupied were to be paid
for by the Defendant. At no time did the Defendant guarantee the Owner
that it would make any bookings.
17. The effect of the said Contracts was that until up to seven days before
each arrival date, the Owner contracted to hold a number of rooms
available for use by the Defendant, thus an allocation was taken without
commitment and no payment was due to the Owner unless the rooms
were actually occupied by its guests.
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