Under the Package Holiday Regulations 1992, a tour operator is liable for the performance of any contract by local agents. In the event of being involved in an accident whilst on a package holiday, it is often possible to bring a claim against the provider of the holiday.
However, it has always been a moot point as to whether UK standards or local standards should be applied in deciding whether any negligence has taken place. As an example, should a tour operator providing a trip down the Zambezi as part of a package be found liable in the event of serious injury arising due to a failure to wear crash helmets, even if these are not worn locally? The Court of Appeal has recently made it clear, in circumstances involving an accident during a ski trip in Bulgaria, that it is local standards that should be applied and that these cannot necessarily be evaluated by reference to the best practice or common practice in the UK or other Western European countries.
To discuss your personal requirements further, please contact Robert Worthing by emailing Robert or by calling him on 08450 990045, or speak to your usual contact in the Family Team.