X v Kuoni Travel Ltd [2018] EWCA Civ 938 (26 April 2018)

X v Kuoni Travel Ltd [2018] EWCA Civ 938 (26 April 2018)

Kuoni is not liable under the contract or the Package Travel Regulations for the criminal act of the hotel employee because the act did not form part of the 'holiday arrangements' for which Kuoni accepted responsibility, the employee was not a 'supplier' under the regulations, and the event was unforeseeable and unavoidable even with all due care by Kuoni or its suppliers. The statutory defence applies.

Citation
[2018] EWCA Civ 938
Parties
Claimant/appellant: X; Defendant/respondent: Kuoni Travel Limited
Jurisdiction
England and Wales
Judgment Date
26 April 2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Package Holiday Liability, Vicarious Liability, Contractual Interpretation, Statutory Consumer Protection, Improper Performance of Contract
Contract Law Consumer Protection Tort Law Package Holiday Liability Vicarious Liability Contractual Interpretation Statutory Consumer Protection Improper Performance of Contract

Case Brief

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Parties

X

Claimant/appellant

Kuoni Travel Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Kuoni is contractually liable for the criminal acts of a hotel employee under the package holiday contract and the Package Travel Regulations 1992
  2. 2 Whether the hotel employee was a 'supplier' under the regulations
  3. 3 Whether Kuoni can rely on the statutory defence for unforeseeable or unavoidable events

Ratio Decidendi

Kuoni is not liable under the contract or the Package Travel Regulations for the criminal act of the hotel employee because the act did not form part of the 'holiday arrangements' for which Kuoni accepted responsibility, the employee was not a 'supplier' under the regulations, and the event was unforeseeable and unavoidable even with all due care by Kuoni or its suppliers. The statutory defence applies.

Court Disposition

Appeal dismissed