We are coming up to the time of year when people will be beginning to think about booking their summer holidays and indeed many will be arranging to travel to the snowy parts of the world to catch the last of the snow. The recent case of Moore -v- Hotelplan Limited (t/a Ingram Travel) only serves to show that in certain circumstances if you have an accident whilst on an excursion that you can claim against the holiday company. In that case on arrival at the holiday resort the holiday companies representative provided the injured person with a welcome pack including information on a snowmobile excursion run by a different company.
The Claimant decided to go on the snowmobile excursion lost control of the machine and was injured. The Court in this case found that the Holiday Company was responsible to the Claimant for the accident subject to a reduction of 30% to reflect the Claimants degree of culpability. Whether you can make a claim against the Holiday Company for an accident whilst on holiday will of course depend on all the circumstances of the case. It does not necessarily mean that if you have an accident whilst on an excursion run by a third party that you will be able to make a claim but in the particular circumstances of this case the Claimant succeeded.
Submitted by Anthea Christie
