Stephanie Cope scrutinises a recent ruling on the liability of tour operators for accidents abroad
Those booking a holiday through a tour operator reasonably expect the travel and accommodation provided to meet the standards offered by the operator. But what of the holiday maker who suffers a personal injury while on holiday? The law in this area has recently been considered by the Court of Appeal in Japp v Virgin Holidays Ltd [2013] EWCA Civ 1371, [2013] All ER (D) 99 (Nov). The judgment provides important clarification on the liability of tour operators for injuries involving defects in accommodation and seems generally to improve the position of the tour operator in such claims.
The law
The foundations in relation to a tour operator’s duty of care were laid in Wilson v Best Travel Limited [1993] 1 ALL ER 353 in the High Court. The claim was pursued under s 13 of the Supply of Goods and Services Act 1982. Not surprisingly, Phillips J held that the duty of care includes a duty to exercise reasonable care to ensure the safety of hotel guests.
