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Tour Costa Rica v. Country Walkers, Inc.
Citation:171 Vt. 116, 758 A.2d 795 (2000)
In 1994, Plaintiff reached out to Defendant and offered to design, arrange, and lead tours in Costa Rica for Defendant. During negotiations, Plaintiff explained that it had limited resources and needed a two-year commitment from Defendant. In the summer of 1994, the parties entered into a verbal agreement that Plaintiff would design, arrange and lead tours for Defendant from 1995 to 1997. As a result, Plaintiff developed a tour after investigating and testing walking tours, investigating and booking hotels, making transportation arrangements, conducting research, and more.
Two tours were conducted in March and April 1995, but both Plaintiff and Defendant canceled other tours scheduled in 1995 for different reasons. Both parties scheduled dates for roughly 18 tours for 1996 and 1997, and due to limited resources, PLaintiff could not conduct tours for anyone else and stopped advertising and promoting its business. Plaintiff also did not pursue other business opportunities and turned down other businesses during this period.
In August 1995, Defendant told Plaintiff that it would be using another company for its future tours in Costa Rica. Defendant operated tours in Costa Rice using a rival company. Plaintiff had to cancel transportation arrangements and reservations made on Defendant’s behalf. Plaintiff was left without tours to run and did not have enough time to market any new tours of its own.
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