Our latest Personal Injury and Travel Update focuses on the matter of X v Kuoni, Emily Moore summarises the case of X v Kuoni as part of our latest Personal Injury and Travel Update.
The High Court held that a tour operator’s liability did not extend to the consequences of a rape committed by an on duty hotel employee. 3 Hare Court’s Katherine Deal acted for the Claimant in a four-day trial before HHJ McKenna. The Claimant has been granted permission to appeal the decision to the Court of Appeal.
The Claimant and her husband booked a package holiday in Sri Lanka via the Defendant tour operator. The Claimant alleged that on her way back to the hotel reception in the early hours of 17 July 2010, a hotel employee offered to show her a shortcut, then led her into n engineering room and raped her. It was the Claimant’s case that, at the material time, she believed her assailant to be a security guard. It later emerged, and was accepted by the Claimant, that he was employed by the hotel as an electrician.
HHJ McKenna concluded that the Claimant was indeed the subject of a rape by the hotel employee. owever, he did not accept the Claimant’s evidence that she had believed him to be a security guard.
The principle legal issues for determination were (1) whether the rape amounted to a failure to perform or improper performance of the holiday contract for which the Defendant is liable under Regulation 15 of the Package Travel, Package Holidays and Package Tours Regulations 1992 and (2) if the Defendant was liable, whether it was entitled to rely on any of the statutory defences under the 1992 Regulations.
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