PIBA 2005: ACCIDENTS ABROAD' UNPACKING PACKAGE HOLIDAY INJURY CLAIMS THE BASIC PRINCIPLES

1
PIBA 2005 ACCIDENTS ABROAD.UNPACKING PACKAGE
HOLIDAY INJURY CLAIMSTHE BASIC PRINCIPLES

• ALAN SAGGERSONNO 1 SERJEANTS INN

2
Some Pitfalls from Real Cases

• The Claimant was staying at the Hotel Rioja
  Blanco in Benidorm.
• Premises to which the Occupiers Liability Act
  1957 applied.

3
and more

• Between
• IVANA LEGGOVA
• Claimant
• -and-
• CLUB 18-30
• Defendant

4
and another

• The automatic glass door at the Hotel President
  in Splod, Croatia failed to comply with
• British Standards Institute BS97/4455

5
and one more

• The Claimant was standing on the edge of the
  jetty looking thru her binoculars at the sunset
  when she took a step backwards and fell off into
  the sea.
• PARTICULARS OF BREACH
• The Defendant failed to put up any warning
  signs.

6
finally the worst sin of all

• Liability is
• ADMITTED

7
Package Travel, Package Holidays and Package
Tours Regulations 1992 SI 1992 2338

• The Defendant will usually be a tour operator.
• Cause of action is the improper performance of
  the holiday contract. (Extended Vicarious
  Liability)
• I.E. breach of an implied contractual duty to
  exercise reasonable skill and care and/or a
  breach of a contractual obligation to provide
  services and facilities to a reasonable standard.

8
The Other Party to the Contract

• The Organiser or Retailer or both as the case may
  be
• Hone v Going Places
• Limited scope for travel agents to be the other
  party
• Organiser or agent for undisclosed principal

9
STRICT versus FAULT liability

• Two main types of obligation
• Sale of Goods - ish
• Reasonable skill and care ish
• Longmore LJ

10
LOCAL STANDARDS

• What reasonable care or a reasonable standard
  demands is governed by the standards applicable
  in the place where the harmful event occurs.
• Dont try and export the BSI kite mark to foreign
  locations.
• The burden of proof is not reversed. (Codd v
  Thomson).

11
Wilson, Codd Singh

• Tour operators duty to ensure that there is
  local compliance. (Wilson - Logue)
• English law foreign standard (Codd).
• English court will assess local compliance
  (Singh).

12
EVIDENCE of local standards

• Always a good idea to get some.
• Local regulations, guidelines, codes.
• Local legal standard.
• Contractual standard is it different?

13
EVIDENTIAL OWN GOALS

• 3 small cases
• Wren v Unijet
• Harris v Globetravel
• Hurst v Thomson Holidays
• and one scored by a Claimant
• Singh v Libra Hols.

14
THE CONTRACT

• Additional liabilities?
• Excursions
• Extras Add-Ons
• Facilities described
• Scope of liability clause
• E-bookers

15
GALLAGHER, ROCHEAD, PATRICK

• Pre-Arranged?
• Inclusive Price?
• Part of package?
• What about contract terms?
• Concurrent none PTR liabilities?
• Parallel contracts?

16
JURISDICTION CHOICE OF LAW

• The package contract will speak for itself.
• English domicile of tour operators
• Contracts made in England
• What about parallel contracts excursions?