Eversfield Preparatory School Trust Limited v Diverse World Ltd

Eversfield Preparatory School Trust Limited v Diverse World Ltd

Reg.12(7) 2018 Regs entitles a traveller to terminate a package travel contract without paying a termination fee if, at the date of cancellation, unavoidable and extraordinary circumstances are occurring at the destination and significantly affect performance of the package; no causation or reasons test applies; COVID-19 pandemic in Barcelona on 1st April 2020 constituted such circumstances and significantly affected the package, so the claimant is entitled to a full refund.

Parties
Appellant / Claimant: Eversfield Preparatory School Trust Limited; Respondent / Defendant: Diverse World Ltd (Trading as Diverse School Travel)
Jurisdiction
England and Wales
Judgment Date
07 February 2025
Procedural Posture
Appeal / Judgment on Appeal From County Court, Fast Track Claim
Outcome
Appeal allowed; judgment for Appellant.
Legal Topics
Package Travel Regulations, Statutory Interpretation, COVID 19 Pandemic, Refunds and Termination Fees, Brexit and Retained EU Law
Contract Law Consumer Protection EU Law Package Travel Regulations Statutory Interpretation COVID 19 Pandemic Refunds and Termination Fees Brexit and Retained EU Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Eversfield Preparatory School Trust Limited

Appellant / Claimant

Diverse World Ltd (Trading as Diverse School Travel)

Respondent / Defendant

Procedural Posture

Appeal / Judgment on Appeal From County Court, Fast Track Claim

Legal Issues

  1. 1 Whether Reg.12(7) Package Travel and Linked Travel Arrangements Regulations 2018 entitles the claimant to a refund due to COVID-19 pandemic at the destination
  2. 2 Whether a 'causation test' or 'reasons test' applies under Reg.12(7)
  3. 3 Whether COVID-19 pandemic constitutes 'unavoidable and extraordinary circumstances' at the destination

Ratio Decidendi

Reg.12(7) 2018 Regs entitles a traveller to terminate a package travel contract without paying a termination fee if, at the date of cancellation, unavoidable and extraordinary circumstances are occurring at the destination and significantly affect performance of the package; no causation or reasons test applies; COVID-19 pandemic in Barcelona on 1st April 2020 constituted such circumstances and significantly affected the package, so the claimant is entitled to a full refund.

Court Disposition

Appeal allowed; judgment for Appellant.

Orders

  • Respondent to refund £15,176.25 plus interest at agreed rate to Appellant.
  • Respondent to pay Appellant's costs (prior costs order set aside).