Responsibilities of a Tour Operator

Accident Compensation Claims

The tour operator must properly perform the contract and if any of its suppliers break that contract the tour operator is liable. Liability is not strict and the standard is set down it the case of Hone v Going Places.

In the case of Hone the claimant went on holiday with his fiancé and in fact was assumed to enjoy his holiday. As luck would have it on the way home there was an emergency evacuation of the package tour aircraft. When he was at the top of the chute he noticed a large lady, who had also been on holiday, at the bottom of the chute. In the course of his descent, Mr Hone realised that she was stuck at the bottom of the chute and unable to move away. He opened his legs wide enough to avoid striking her back, but he collided with her.

His fiancé followed him down the chute; she was not wearing high heels but shoes with a hard heel. She struck Mr Hone's back with her shoes and caused him an acute pain in the spine. He was nevertheless able to climb over the sides of the chute and assist the large lady to her feet. In so doing, he hurt his back again.

In the case of Hone the Court of Appeal decided that the service contracted for should be one of reasonable skill and care.

For example: If the brochure promised a swimming pool then the term of the contract is that it will be there. The obligation will be that reasonable skill and care will be taken to ensure that the pool is free from infection - not an absolute obligation to ensure no infection.

If you have been involved in an accident, even if you are unsure whether you would be able to claim compensation, contact our No Win No Fee lawyers today on 0800 0891331 or complete the compensation claim form below and we can investigate matters for you and advise you on your first step towards receiving compensation.

Compensation Claim Form