ANSALAN, Ma. Pamela Aloha C. TANTUAN, Edhona C.

y Petitioner Estela Crisostomo contracted the

services of respondent Caravan Travel and Tours International, to arrange and facilitate her booking, ticketing, and accommodation in a tour called Jewels of Europe. She was given a 5% discount and a waived booking fee because her niece, Meriam Menor, was the company s ticketing manager. y Menor went to her aunt s residence to deliver Crisostomo s travel documents and plane tickets and get her payment. Menor told her to be in NAIA on Saturday.

y When Crisostomo got to the airport on

Saturday, she discovered that the flight she was supposed to take had already departed the previous day. She complained to Menor, and was urged by the latter to take another tour, instead British Pageant. y Upon returning from Europe, Crisostomo demanded P61,421.70 from CaravanTours, representing the difference between the sum she paid for Jewels and the amount she owed the company for British Pageant. Caravan refused.

y Thus, Crisostomo filed a complaint against

Caravan for breach of contract of carriage and damages. y The trial court held in favor of Crisostomo, and ordered Caravan to pay her, because it was negligent in erroneously advising Crisostomo of her departure. However, Crisostmo is also guilty of contributory negligence (for failing to verify the exact date and time of departure).y CA declared that Crisostomo is more negligent. As

a lawyer and well-travelled person, she should have known better. Hence this petition.

y WON respondent Caravan is guilty of

negligence and is liable to Crisostomo for damages.

y Crisostomo: Respondent did not observe the

standard of care required of a common carrier, i.e. extraordinary diligence in the fulfillment of its obligation.y Caravan: Menor was not negligent. The date and

time of departure was legibly written on the plane ticket and the travel papers were given 2 days before the flight. It performed all obligations to enable Crisostomo to join the group and exercised due diligence in its dealings with the latter.

y A contract of carriage or transportation is 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. y Respondent is not engaged in the business of transporting either passengers of goods and is therefore not a common carrier. Respondent s services as a travel agency include procuring tickets and facilitating travel permits or visas as well as booking customers for tours.

y A common carrier is bound by law to carry as far as

human care and foresight can provide using the utmost diligence of very cautious persons and with due regard for all circumstances. But since Caravan is a travel agency, it is not bound to observe extraordinary diligence in the performance of its obligations. y For them, the standard of care required is that of a good father of a family. This connotes reasonable care consistent with that which an ordinarily prudent person would have observed when confronted with a similar situation.

y We do not concur with the finding that Menor s

negligence concurred with that of Crisostomo. No evidence to prove Menor s negligence. y The negligence of the obligor in the performance of the obligations renders him liable for damages for the resulting loss suffered by the obligee. Fault or negligence of an obligor consists in the his failure to exercise due care and prudence in the performance of the obligation. The degree of diligence required depends on the circumstances of the specific obligation and whether one has been negligent is a question of fact that is to be determined in the case.