This case was an appeal by the defendant (Cosmosair plc) from an earlier order made in County Court awarding damages in respect of personal injuries incurred during a holiday supplied by defendant. Claimant had booked a full board package holiday with her husband and their two young children in a hotel described in Cosmosair’s brochure as suitable for children and as having “lifts (in main building)”.
On arrival, it transpired that all routes to the hotel restaurant involved a minimum of 24 steps. Claimant was injured when she fell down a flight of stairs whilst carrying her child in a pushchair to the hotel restaurant. In claiming for damages, she alleged that the statement “lifts (in main building)” was misleading information and a breach of Cosmosair’s duty under the Regulations. In alternatives, she claimed damages for negligent misrepresentation and breach of contract.