Citations: [2006] EWHC 3775 (QB) Links: Bailii Statutes: The Package Travel, Package Holidays and Package Tours Regulations 1992 Jurisdiction: England and Wales Personal Injury Updated: 15 July 2022; Ref: scu.408693
Judges: Lord Justice Tomlinson Citations: [2011] EWCA Civ 1569 Links: Bailii Statutes: The Package Travel, Package Holidays and Package Tours Regulations 1992 Jurisdiction: England and Wales European, Personal Injury, Consumer Updated: 07 May 2022; Ref: scu.450058
‘Standards of maintenance and cleanliness vary as between countries and continents and indeed what is reasonably to be expected in a five star hotel in a Western European capital differs from what is reasonably to be expected in a safari lodge, however well appointed. There may perhaps be certain irreducible standards in relation to life … Continue reading Lougheed v On The Beach Ltd: CA 27 Nov 2014
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The appellants had booked a holiday, relying upon the brochure produced by the respondents. On the date of the hearing, the plaintiffs arrived early. They claimed to have told the representative of the defendant that they would leave but return before the expected hearing time. They came back early, but the case had come on, … Continue reading Theaker And Another v Going Places Travel Limited: CA 31 Mar 1998
The defendant tour operator appealed against a finding that it was liable after the claimant had been injured while climbing in Ecuador on a tour it had arranged, saying that it had been ‘self-led’ by the client Sir Ranulph Fiennes. The claimant had fallen when engaging in a stunt arranged for filming. Judges: Laws, itchford, … Continue reading Harrison v Jagged Globe Ltd: CA 29 May 2012
The claimant sought damages after being injured diving into a swimming pool in Portugal when on a holiday organised by the defendants. He said that the surrounds of the pool were not provided with appropriate non-slip surfaces. The defendant said that there were explicit warnings against diving. The claimant said that he slipped. Held: The … Continue reading Healy v Cosmosair Plc and others: QBD 28 Jul 2005
The regulations could not be read to impose strict liability on a tour organiser or holiday ticket retailer for injury suffered during the holiday. The rules clearly required there to be shown some ‘improper performance’ of the contract before liability could be imposed, and no fault provisions of the Convention were of no assistance because … Continue reading Hone v Going Places Leisure Travel Ltd and Another: CA 13 Jun 2001
The claimant had been raped by a member of staff at the hotel in Sri Lanka booked through the respondent travel company. She now appealed from dismissal of the claim. Held: Questions were referred to the ECJ, namely: ‘(1) Where there has been a failure to perform or an improper performance of the obligations arising … Continue reading X v Kuoni Travel Ltd: SC 24 Jul 2019
Tour Co Responsible For injury – Standards Applied The claimant suffered an injury tripping at a hotel on a package holiday. The company now appealed. Held: The appeal was refused. A term will generally be implied into a contract for services by operation of law (the 1982 Act s 13) to the effect that those … Continue reading TUI UK Ltd v Morgan: ChD 9 Nov 2020
The claimant sought damages after being sexually assaulted by a hotel worker on her holiday in Sri Lanka. She said that the incident was an improper performance of the contract and in breach of the 1992 Regulations. She appealed from rejection of . .
