Case Brief #1 - jurisdiction so the hotel appealed the...

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Mastondrea v. Occidental Hotels Management S.A. Supreme Courts of New Jersey 2007 Facts: Libgo Travel, Inc., located in Ramsey, New Jersey and Allegro Resorts Management Corporation (ARMC) placed an ad in the Newark Star Ledger to tout vacation packages for the Royal Hideaway Playacar, located in Quintana Roo, Mexico. ARMC is part of Occidental Hotels Management, a Netherlands corp. that owns the hotel with Occidental Hotels Management, which is a Spanish company. A New Jersey resident, Amanda Mastondrea bought one of the travel packages through Liberty Travel, an eastern United States company that is owned and operated by Libgo. Mastondrea slipped and broke her ankle on June 16, 2003, at the resort and she has now filed a suit in a New Jersey state court against Royal Hideaway Playacarm and its owners, alleging negligence. The defendants asked for the case to be dismissed due to the company not having personal jurisdiction over the hotel. The court ruled that it indeed did have
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Unformatted text preview: jurisdiction so the hotel appealed the ruling to a state intermediate appellate court. Issue: Is Libgo Travel responsible for negligence against Mastondrea even though the hotel is owned and operated in Quintana Roo, Mexico? Holding: Yes Reasoning/Law: Libgo is set as a “tour operator” and is authorized to book hotel rooms on behalf of their customers. Libgo also is required to inform the hotel with weekly sales reports including the number of rooms booked by Libgo and the rates the rooms were booked. All reservations booked by Libgo must also be confirmed in a written letter sent to the Hotel. This provides direct contact between Libgo and the Hotel. Without Libgo Travel, Inc. Mastondrea would have not purchased the vacation package. The targeted advertising and cooperative marketing convinced Mastondrea to book a room at the Hotel....
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This note was uploaded on 02/06/2012 for the course BLAW 210 taught by Professor Mumford during the Spring '08 term at Washington State University .

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