The Claimant, Mrs X, sought damages for personal injury and other losses arising out of a sexual assault (including rape), on 17th July 2010 during a 14 day all-inclusive package holiday which the Claimant had purchased from the Defendant, Kuoni Travel Ltd, which included accommodation at the [A] Hotel in Sri Lanka.
Held: ‘holiday arrangements’ in clause 5.10(b) of the regulations did not include a member of the maintenance staff conducting a guest to reception. Obiter, Kuoni would in any event have been able to rely on the statutory defence under regulation 15(2)(c)(ii) because the assault was an event which could not have been foreseen or forestalled (by inference by the hotel) even with all due care, and the hotel would not have been vicariously liable for the rape and assault as a matter of Sri Lankan law, which it was agreed was the same as English law for these purposes.
Judges:
McKenna HHJ
Citations:
[2016] EWHC 3090 (QB)
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – X v Kuoni Travel Ltd CA 26-Apr-2018
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 . .
At first instance – X v Kuoni Travel Ltd SC 24-Jul-2019
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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Torts – Other, Consumer
Updated: 17 July 2022; Ref: scu.572341