- Liability under the Package Travel, Package Holidays and Package Tours Regulations 1992 for Deliberate Acts (X v Kuoni Travel Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
PI & Clinical Negligence analysis: The long-awaited decision in X v Kuoni Travel Ltd has now been handed down by the Supreme Court. The court held that the defendant tour operator was liable for a rape carried out by an employee of a hotelier supplier, notwithstanding that neither the defendant nor the hotelier was at fault or could have foreseen or forestalled the acts of the employee. The decision has far-reaching consequences for all practitioners in the travel law field, and will make it easier for claimants to succeed in claims under the Package Travel and Linked Travel Arrangements Regulations 2018 (the successor to the 1992 Regulations). Written by Sarah Prager, barrister at 1 Chancery Lane.
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