Particulars of claim for an accident which occurred while on a boating excursion abroad
Produced in partnership with Sarah Prager of 1 Chancery Lane Chambers

The following PI & Clinical Negligence precedent produced in partnership with Sarah Prager of 1 Chancery Lane Chambers provides comprehensive and up to date legal information covering:

  • Particulars of claim for an accident which occurred while on a boating excursion abroad

claim'>Particulars of claim for an accident which occurred while on a boating excursion abroad

In the County Court at [insert]Claim No. [insert number]

Between

  1. A        Claimant

  1. and

  1. B        Defendant

_____________________

Particulars of claim

_____________________

    1. 1

      At all material times the Defendant carried on business as a tour operator supplying package holidays and excursions to consumers.

    1. 2

      On a date now unknown to him the Claimant booked a package holiday in Bulgaria with the Defendant.

    1. 3

      At a welcome meeting held shortly after they arrived at the hotel the Defendant’s representative offered holidaymakers the option of booking a number of excursions, including a boat party, which was to take place on 3 August 2014.

    1. 4

      The party duly booked four excursions, including the boat trip, and paid the Defendant’s representative for them.

    1. 5

      At no point did any person suggest to the Claimant that the said excursion was to be provided by any entity other than the Defendant.

    1. 6

      As a result of the matters pleaded at paras 1–5 herein there was an excursion contract between the Claimant and the Defendant for the provision of the said excursion.

    1. 7

      Alternatively, the Defendant sold the said excursion as agent for an undisclosed principal.

    1. 8

      The said excursion contract was subject to English law.

    1. 9

      There were implied terms of the excursion contract to the effect that:

      1. 9.1

        the same would be carried out

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