Liability of Holiday Provider
X V KUONI TRAVEL LTD  UKSC 34
The Claimant entered into a contract with Kuoni under which Kuoni agreed to provide a package holiday in Sri Lanka. She was raped by an electrician “N” employed by the hotel in which she was stayed. She claimed damages against Kuoni for breach of contract and/or under the Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 1992/3288) (“the 1992 Regulations”) which implemented in the United Kingdom Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (“the Directive”).
X V KUONI TRAVEL LTD  UKSC 37
The Claimant was on holiday with her husband in Sri Lanka on a package holiday purchased from the Defendant. Whilst on her way to the hotel reception, she came across a member of the hotel staff, who was employed as an electrician. He offered to show her a short cut to reception, but instead he sexually assaulted her. She claimed damages against the Defendant for breach of contract and/or under the Package Travel, Package Holidays and Package Tours Regulations 1992 which were implemented in the United Kingdom Council by Directive 90/314/EEC of 13 June 1990.