07-08-2017

Why definitions are important when booking a holiday

After suffering an injury whilst on the holiday, the man sought compensation from the firm with which he had made the booking. However, the firm claimed that their sales agent would have read a telephone script to him, making it clear that it was only acting as the agent for the holiday provider.

 

Firms providing package holidays are liable for injuries arising from negligence in the provision of services or accommodation that are part of the package. However, according to [Partner’s name] a partner in local law firm [firm’s name]: "Where a travel agent just organises travel and accommodation which are not a “package”, liability will rest with the individual firm whose negligence caused the injury.”

 

After initially failing in his action, the man took his case to the Court of Appeal, which decided that as the man was not specifically told that he could book the flights without the accommodation or vice versa, and secondly, that the original invoice included ‘service charges’, which were not explained, these represented the cost of creating a package out of the cost of the flights and accommodation. Partner’s name] comments: “In light of this important distinction, the man was able to bring his action against the travel agent for compensation. People need to be aware of this crucial distinction.”