Claim won against tour operator who booked excursion for injured guest

We were instructed by a client, who suffered an injury while on a package holiday in Corfu with her daughter, son-in-law and two grandsons. She was injured as she climbed onto a boat during an excursion that had been booked with the tour operator while on the island.

The tour operator denied liability and chose to defend the proceedings and bring additional claims for contributions/indemnities against the local supplier of the excursion.

The Package Travel, Package Holiday and Package Tours Regulations 1992 did not apply as the excursion contract did not form part of a pre-arranged package. We, therefore, argued that our client entered into the excursion contract with the tour operator, as principal, through its holiday “rep”. Alternatively, that the tour operator was acting as an agent for an undisclosed principal, the local supplier.

In the circumstances, we argued that our client reasonably believed that, when she booked the excursion, she had contracted with the tour operator to provide for and run the excursion. The excursion’s promotional material did not make it unambiguously clear that the excursion contract was being made with a local supplier.

We argued that the tour operator owed a duty to our client that reasonable skill and care would be exercised in the operation of the excursion. The allegations made by our client were that she was required to board a boat in a manner which it was not designed to accommodate and, as a result, fell and sustained personal injury.

The Judge found in favour of our client and awarded damages for a five figure sum.

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