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Case Details

Case Details
National ID Court of Appeal, Judgement 2018 EWCA Civ 938
Member State United Kingdom
Common Name X v Kuoni Travel Ltd
Decision type Court decision in appeal
Decision date 26/04/2018
Court Court of Appeal
Subject
Plaintiff
Defendant
Keywords Contractual liability; Foreign package holidays; Holiday claims; Rape; Sexual assault; Vicarious liability

Package Travel Directive, link

The appellant appealed against the dismissal of her claim for damages for personal injury and other losses arising from a sexual assault and rape alleged to have occurred during a package holiday purchased from the respondent travel company.

She had been on her way to the hotel's reception when a uniformed employee (N) indicated that there was a shortcut she could take. He led her to an engineering room where he physically assaulted and raped her. Initially, she claimed that she thought he was a security guard but subsequently accepted that he was an electrician employed by the hotel. She told her husband what had happened and reported it to the hotel management and the local police. She sued the respondent for "improper performance" of the contract she had made with them, as the organiser of the holiday. She based her claim on the contract and the Package Travel, Package Holidays and Package Tours Regulations 1992 reg.15, which themselves derive from Directive 90/314. The judge held that there was no improper performance or breach of the contract and that if there had been a breach of the regulations the respondent had a defence since the sexual assault was an event which the hotel could not "with all due care foresee or forestall". He further found that if the hotel had been sued, which it was not, it was not vicariously liable for the sexual assault committed by its employee.

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