A consumer concluded, with Karavel, a travel package contract, which included a cruise carried out by Costa Crociere. The customer fell while on the boat and made a claim for damages against Karavel, its insurance company and Costa Crociere and requested an expertise as well as a financial provision.
The Toulouse Court of Appeal accepted the claim on the grounds that Costa Crociere did not only organize the transportation of the passengers but all other tourist services included in the cruise as well, thus qualifying as an organizer of a travel package who is statutorily responsible for the proper performance of the services. In the absence of grounds for exemption, Costa Crociere was to be held liable.
Furthermore, the Court of Appeal also ruled that Karavel (and its insurer) was jointly and severally liable for the damages caused to the customer in its capacity as seller of a travel package.