PACKAGE HOLIDAY ACCIDENTS
College of Personal Injury Law 23rd May 2003, Edinburgh
Philip Mead, Old Square Chambers Bristol and London;
PACKAGE HOLIDAY ACCIDENTS
©Why are foreign accidents a worry?
©Package holidays
©Advantages over general claims for negligence
©Cause of action: Contract or breach of
statutory duty?
PACKAGE HOLIDAY ACCIDENTS
What is a package holiday?
©Pre-arranged combination
©Two or more components
©Sold at an inclusive price
©Transport, accommodation and other tourist
services accounting for a significant proportion of the package
©Services purchased in foreign resort
PACKAGE HOLIDAY ACCIDENTS
Minimum obligations as to form and content of a package holiday
©Minimum obligations as to the form and content of a package holiday contract (Regulation 9)
©Incorporation of particulars in the holiday brochure (Regulation 6)
©Mawdsley v. Cosmosair [2002] EWCA Civ 587
PACKAGE HOLIDAY ACCIDENTS
Liability of other party to the contract for proper performance of obligations under contract
“15(2)The other party to the contract is liable to the consumer for any damage caused to him by the failure to perform the contract or the improper performance of the contract unless the failure of the improper performance is due neither to any fault of that other party nor to that of another supplier of services.”
PACKAGE HOLIDAY ACCIDENTS
Is it necessary to prove fault and what is the appropriate standard of care?
©Hone v. Going Places Leisure Travel Limited [2001] EWCA Civ 947
©Wilson v. Best Travel [1993] All ER 353
©Codd v. Thomsons Tour Operators Limited
©Jones v. Sunworld Limited [2003] EWHC 591
