Case Details


Case Details
National ID link
Member State United Kingdom
Common Name Gouldbourn v Balkan Holidays Ltd
Decision type Other
Decision date 16/03/2010
Court Court of Appeal Civil Division
Subject
Plaintiff
Defendant
Keywords

Package Travel Directive, Article 5, 1.

Personal injury, standard of care applicable was that of the state where the accident occurred
The claimant booked a six-day learn-to-ski pack as part of a package holiday in Bulgaria. She was injured whilst skiing and claimed compensation under regulation 15(1) of the Package Travel, Package Holidays and Package Tours Regulations 1992. Her claim was rejected at first instance and, on appeal, the key issue was whether the ski instructor had to the exercise the standard of reasonable care and skill of a ski instructor in Bulgaria or the standard of a Western European ski instructor.
The court rejected the appeal and dismissed the claim for compensation. The appropriate standard of care under regulation 15(1) was that of the country which the tourist was visiting as it would be impracticable to apply different standards of care to tourists from different countries. The ski instructor had exercised reasonable care by reference to standards applicable in Bulgaria.
Full Text: Full Text

No results available

No results available