ADVERTISEMENT

Vancouver

Boxed wine and no five-star chef: Guests sue B.C. fishing tour operator, saying experience not as-advertised

Published: 

A fishing rod on a boat at sunset is seen in this photo. (Credit_ Shutterstock)

Allegations that a fishing tour operator failed to provide five-star meals, fine wines and other amenities it advertised are at the centre of a dispute that came before B.C.'s Civil Resolution Tribunal.

Four people who went on the same trip with Pacific Tugboat Adventures Inc. were asking for $5,000 as compensation for breach of contract, the decision posted online Tuesday explains.

"The applicants say they booked the fishing trip based on the services and amenities PTA advertised on its website. They say that PTA failed to deliver on its promise of a luxury fishing trip," tribunal member Nav Shukla wrote.

Based on screenshots, brochures and other promotional materials, the tribunal found that the company "undisputedly" advertised certain things, which Shukla listed in the decision. Among them were "five-star meals prepared by a professional chef including 'sea to table' meals of fresh Dungeness crab and wild salmon" and "premium wines and decadent desserts."

The company responded by admitting that it did not provide all of what was advertised but said this was due to circumstances outside of its control, that "it provided many things as promised" and that none of the claimants were entitled to a $5,000 refund, the decision says.

The people bringing the claim were two married couples – Tom and Jo Lorraine Swanson and James and Mary Elizabeth Holmes. Each was awarded $1,000 in damages for breach of contract, with the tribunal finding they had sufficiently proven some of their claims but not others.

"I find that the lack of experienced staff equated to a less luxurious trip than the applicants paid for, and less enjoyment on their part as a result," Shukla wrote.

FIVE-STAR MEALS AND FINE WINES

The company admitted that the meals were cooked by its owner, which it says was due to "sudden and unforeseen staffing changes," according to the decision. However, it also admitted that the owner was not and never has been a professional cook or a five-star chef.

While the decision does not describe what the guests were fed, Shukla found that the absence of a chef made it more likely than not that the meals were not of the "advertised and agreed upon five-star quality."

As for the wine, the couples told the tribunal it was boxed and therefore not as advertised. The company said the wine was "of excellent quality" and "specially ordered from the Okanagan Valley," and that boxes were chosen due to space constraints.

Shukla found there was not enough evidence to show that the wine was not as-advertised "just because it was purchased in boxes instead of bottles."

THE ON-BOARD STAFF

The couples made several allegations about the staff's lack of experience, including that the captain was “a great person, but had no local knowledge of fishing,” the decision says.

While the company admitted the captain was hired last-minute and had never piloted the tugboat before, it also said the captain was certified and qualified to do the job he was hired for.

The tribunal found that the couples had not proven their allegations about the captain. Similarly, Shukla found they had not provided any evidence to support their claim that the owner's wife was "an unqualified hostess."

SELF GUIDED?

The couples told the tribunal that they had an expectation that they would be provided with "private instruction and on-water supervision" while fishing. The company, in response, said it advertised its tours as self-guided, pointing to screenshots containing that phrase as evidence.

However, the couples provided their own screenshots that showed the company said it would "provide available staff for on-water supervision, local knowledge and personal instruction, that guests could choose between running their own skiffs or being accommodated in the guided boat for private instruction, and that PTA would supply everything for the saltwater angler, including a guide," the decision notes.

In addition to the captain, the owner and his wife – there was only one other staff member on board. That person is described in the decision as someone who had "been hired on short notice who had undisputedly never been on a boat before."

Given that there were only four staff present on a trip with 12 guests, along with other evidence that the trip ended up being "self-guided," the tribunal found the promised private instruction and supervision was likely not provided, which Shukla said constituted a breach of contract.

The decision notes that the guests also complained that they did not catch many fish on the trip, but found that the company "made no guarantees about how many fish the participants might catch."

The tribunal also ordered the company to pay pre-judgment interest and reimbursement of CRT fees, leaving it on the hook for just over $4,500.