ESTELA L. CRISOSTOMO, petitioner, vs.

THE COURT
OF APPEALS and CARAVAN TRAVEL & TOURS
INTERNATIONAL, INC., respondents.

FACTS

1. Estela L. Crisostomo contracted the services of respondent Caravan Travel and Tours International Inc
to avail of a tour package named “Jewels of Europe” (7 places).

2. (June 12 1991) Pursuant to the contract, Meriam Menor, the niece of Estela who works with
respondent as ticketing manager, went to her house to deliver petitioner’s travel documents and plane
tickets. Estela in turn gave full payment for the package tour. She was told to be at NAIA on “Saturday”.

3. Without checking her travel documents, petitioner went to NAIA on Saturday, June 15, 1991 to take
the first leg of flight to HK but to her dismay, she discovered the flight had already departed the previous
day. The plane ticket was for the flight scheduled on June 14, 1991.

4. Called up Menor to complain.

5.Menor offered another tour package “British Pageant” (only 3 places). Estela was asked to pay 20k;
paid 7.9k as partial payment.

6. Upon return, Estela demanded reimbursement of 61, 421.70 representing the difference between the
sum she paid for Jewels of Europe and the amount she owed respondent for British Pageant tour.

7. Despite several demands, respondent company refused to reimburse the amount, contending that
the same was non-refundable.

8. Estela filed complaint for breach of contract of carriage and damages

9. Contention:

Estela blamed respondent company for her failure to join the Jewels of Europe tour since it was said that
the departure date was not clearly indicated on the plane ticket & that respondent was negligent in
informing her of wrong flight schedule through Menor.

She insisted that the “British Pageant” was merely a substitute for the “Jewels of Europe” tour, such that
the cost of the former should be properly set-off against the sum paid for the latter.

10. OpMan Chipeco denied responsibility.

Contention: petitioner was informed of the correct departure date as indicated legibly on the plane
ticket. The travel documents were given 2 days before the trip. Estela is to blame since she did not
bother to read or confirm her flight schedule as printed.

11. Can no longer reimburse: respondent’s principal (Singapore, Lotus Travel Ltd.) already billed the
same since the tour organizer (Insight International Tours Ltd.,) determines cost of package tour
depending on a minimum number of projected participants.
12. Lastly, respondent maintained that the “British
Pageant” was not a substitute for the package tour that petitioner missed. This tour was independently
procured by petitioner after realizing that she made a mistake in missing her flight for “Jewels of
Europe”

13. Respondent asked for the balance of the British Pageant tour.

TC: both parties at fault (respondent more negligent)

 Respondent was negligent in erroneous advisory of departure date

 But Estela should have verified the date therefore guilty of contributory negligence (10%
deducted from amt being claimed)

CA: same (petitioner more negligent)

 appellate court held that petitioner is more negligent than respondent because as a lawyer and
well-traveled person, she should have known better than to simply rely on what was told to her.
 Ordered to pay balance of british pageant tour; deemed to forfeit her right in jewels of Europe
tour.

ISSUE: WON respondent is more negligent

RULING: No, petitioner is more negligent.

1. Definition of contract of carriage or transportation:

one whereby a certain person or association of persons obligate themselves to transport persons,
things, or news from one place to another for a fixed price.

Such person or association of persons are regarded as carriers and are classified as private or special
carriers and common or public carriers.

2. Definition of common carrier NCC

persons, corporations, firms or associations engaged in the business of carrying or transporting

passengers or goods or both, by land, water or air, for compensation, offering their services to the
public.

3. It is obvious from the above definition that respondent is not an entity engaged in the business of
transporting either passengers or goods and is therefore, neither, a private nor a common carrier.

4. Respondent did not undertake to transport petitioner from one place to another since its covenant
with its customers is simply to make travel arrangements in their behalf.

5. While petitioner concededly bought her plane ticket through the efforts of respondent company, this
does not mean that the latter ipso facto is a common carrier.
At most, respondent acted merely as an agent of the airline, with whom petitioner ultimately contracted
for her carriage to Europe.

6. Respondent’s obligation to petitioner in this regard was simply to see to it that petitioner was
properly booked with the airline for the appointed date and time. Her transport to the place of
destination, meanwhile, pertained directly to the airline.

Emphasized in the class

Object of contract with the object
caravan of a contract of carriage
is the latter’s service of Is transportation of
arranging and passengers or goods.
facilitating petitioner’s
booking, ticketing and
accommodation in the
package tour

- Contract for
services only; not
carriage

7. As earlier stated, however, respondent is not a common carrier but a travel agency. It is thus not
bound under the law to observe extraordinary diligence in the performance of its obligation, as
petitioner claims.

- Only good father of a family.

8. Contrary to petitioner’s claim, the evidence on record shows that respondent exercised due diligence
in performing its obligations under the contract and followed standard procedure in rendering its
services to petitioner.

As correctly observed by the lower court, the plane ticket issued to petitioner clearly reflected the
departure date and time, contrary to s petitioner’s contention. The travel documents, consisting of the
tour itinerary, vouchers and instructions, were likewise delivered to petitioner two days prior to the trip.

Respondent also properly booked petitioner for the tour, prepared the necessary documents and
procured the plane tickets. It arranged petitioner’s hotel accommodation as well as food, land transfers
and sightseeing excursions, in accordance with its avowed undertaking.

9. Therefore, it is clear that respondent performed its prestation under the contract as well as
everything else that was essential to book petitioner for the tour. Had petitioner exercised due diligence
in the conduct of her affairs, there would have been no reason for her to miss the flight.

10. Needless to say, after the travel papers were delivered to petitioner, it became incumbent upon her
to take ordinary care of her concerns.