Defendants for their Answer to the Complaint ofPlaintiff hereby admit, deny and allege as follows:
1. Hampton admit that Plaintiff paid monies for the tour in France entitled “A Week of Cultural Delights in Provence.”
2. Hampton deny that Plaintiff “got dumped off at a mostly deserted condo complex with no attendants, access to food, transportation
or food service.” Hampton further affirmatively allege that no representations
were made to Plaintiff that the condominium complex would be filled to capacity, would have services provided as one might find in hotel or that transportation was available. In fact the website, the website for French Vintage Vacations states, about the lodging, that it is approximately a 5 to 8 minute walk to the town of Gordes.
3. Hampton admit that the Plaintiffs requested transportation to Marseille and that Hampton made arrangements for that transportation.
4. Hampton admit that they did not provide Plaintiff with a refund.
As and for their affirmative defenses, Hampton allege as follows:
1. Failure to state a claim upon which relief can be granted.
2. Assumption of Risk.
3. Waiver and estoppel.
4. Performance of contract
5. Plaintiff completed the French Vintage Vacation Reservation Form 2014 on March 8, 2014 which form contained the following clause: “By submitting this reservation form and the deposit I/We agree to all the Terms and Conditions listed below. Those terms and conditions stated in relevant part:
No refund will be made for cancellations received less than 30 days before the first scheduled tour. Prices are per person, double occupancy. We highly recommend that you purchase trip cancellation insurance
as we will not be able to deviate from this policy
. The tour is sold as a package and there will be no refund for any unused portions such as meals, services, transportation, and accommodations not utilized by any guest for reason.6. Failure to mitigate.
7. Plaintiff voluntarily terminated the tour.
NOW, WHEREFORE, Hampton request that this Court dismiss the Complaint with prejudice and award them their attorney’s fees pursuant to A.R.S. §12-340.10 as this matter arises out of contract