When is a travel agent not an agent, asks Katherine Deal
The Package Travel, Package Holiday and Package Tours Regulations 1992 () (the Regulations) came into force on 23 December 1992, revolutionising how injured holiday makers could claim compensation for death, injury or illness. Few personal injury practitioners will not have come across them at some point. Thanks to the Regulations, the provisions of which are now expressly or impliedly incorporated into every package holiday contract, where an English holiday maker has been injured while on a package, he can sue the other party to his holiday contract directly in the English courts under English law, for injuries arising from the negligent provision of services or accommodation which were part of the package. In effect, caught by a modified form of vicarious liability, the tour operator cannot escape liability merely on the basis that those services were provided by a foreign supplier.
In Titshall v Qwerty Travel [2011] EWCA Civ 1569, [2011] All ER (D) 107 (Dec), the Court of Appeal recently analysed again how
