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Case Details

Case Details
National ID [2012] EWCA Civ 835
Member State United Kingdom
Common Name link
Decision type Court decision in appeal
Decision date 29/05/2012
Court Court of Appeal, Civil Division
Subject
Plaintiff Harrison
Defendant Jagged Globe (Alpine) Limited
Keywords consumer, liability, package travel

Package Travel Directive, Article 5 Package Travel Directive, Article 5, 1. Package Travel Directive, Article 5, 2. Package Travel Directive, Article 5, 2., - Package Travel Directive, Article 5, 2., - Package Travel Directive, Article 5, 2., -

A staged fall attempted by a traveler does not fall under the Package Travel, Package Holiday and Package Tours Regulations 1992 (the "Regulations") as it was not contemplated by either party at the time the contract was being concluded.
Sir Ranulph Fiennes, an explorer and mountaineer, and the plaintiff booked with the defendant in March 2004 a self-led expedition to Ecuador for Sir Fiennes to hone his skills prior to an expedition to Everest. The defendant organised the travel and accommodation and engaged local mountaineering guides.

Prior to the expedition, Sir Ranulph informed the defendant that a film crew would be provided by HBO (an American television company) and the defendant's local agent arranged for a cameraman.

On the expedition in October 2004, the plaintiff agreed to stage a fall for the camera. The local guides agreed to assist with the staged fall attempt. When attempting the staged fall, the plaintiff suffered a blow to the head. The plaintiff then agreed to a second attempt causing a further blow. The plaintiff claimed the first blow caused long term headaches and injury to her neck.

The plaintiff claimed against the defendant and the county court held that the defendant was liable for the first fall (with a 40% reduction for the plaintiff's contributory negligence) and not liable for the second fall. The defendant appealed against the decision.
Does a staged fall attempted by a traveler, fall under the Package Travel, Package Holiday and Package Tours Regulations 1992 (the "Regulations")?
The court held that the Regulations did not apply as the staged fall was not part of the itinerary agreed between the parties to the contract.

The court also held that the guides, in assisting with the fall, assumed personal responsibility for an activity which was not part of the function of the itinerary.
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Member State Title Author
United Kingdom Harrison v Jagged Globe (Alpine) Ltd Harvy, M.
The appeal was allowed.