Holidays – what standards to expect?
21/03/2011
With Summer now a distant memory and Winter upon us, one thing that will be on many people's minds is booking their winter ski holiday. Under the Package Travel, Package Holidays and the Package Tour Regulations 1992 many people who are dissatisfied with their holiday or have sustained personal injury whilst on holiday have sought redress in their local courts despite the accident occurring in foreign climes. However, just because the case has been commenced in the UK does not necessarily mean that the claimant will be able to rely on the standards of care that one would expect to receive in the UK.
A stark example of this is the case of Gouldbourn v Balkan Holidays & Another. In that case Mrs Gouldbourn and her husband had booked a package holiday with the Defendants to the Bansko ski resort in Bulgaria. As part of the holiday Mrs Gouldbourn booked a six day ‘learn to ski’ pack as she had never skied before. On the third day of the holiday Mrs Gouldbourn slipped whilst skiing and fell sustaining injury.
The central allegation in the case was that the ski instructor had failed to adequately assess Mrs Gouldbourn’s skiing ability having taken her on a slope that was too difficult for her and failing to maintain sufficient instruction and dialogue with her whilst on the run so as to ensure her safety. The Instructor was a grade C Instructor (the highest grade in Bulgaria) with six years experience. The incident occurred on the first occasion that Mrs Goldbourn was off the nursery slopes and she alleged that she was given no instruction at the top of the run before she went down. The judge at first instance concluded that the instructor had probably failed to properly assess Mrs Goldbourn's ability and was too quick to take her up to the slope. However, it was successfully argued by the Defendants that the proper test was whether the instructor had exercised reasonable care and skill as expected of a ski instructor in Bulgaria. This required analysis of the local i.e. Bulgarian standards, rather than the standards applicable in any other country. The Court of Appeal upheld the decision to dismiss Mrs Goldbourn’s claim having taken account of the prevailing local standards.
This is a pleasing decision for Insurance Companies and Tour Operators alike as it demonstrates and reinforces the principle that cases brought under the Package Travel Tour Regulations should have regard to the local standards of the country in which the incident occurred and not the country where the claim was ultimately commenced.
Should you have any queries in respect of this area please feel free to contact Neil Cahill on 028 9055 3324 or by email, neil.cahill@tughans.com or alternatively click here for information on our Litigation Services