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 of the wording.
Judges:
Henry LJ, Longmore LJ, Carnwath LJ
Citations:
Times 06-Aug-2001, [2001] EWCA Civ 947
Links:
Statutes:
Package Travel Package Holidays and Package Tours Regulations 1992 (1992 No 3288) 15(2), Warsaw Convention for the Unification of Certain Rules regarding International Air Transport 1929 Art 17 Art 18Art19
Jurisdiction:
England and Wales
Cited by:
Cited – Healy v Cosmosair Plc and others QBD 28-Jul-2005
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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 01 June 2022; Ref: scu.159494