ACCIDENTS DURING TRIPS
Accidents also occur during trips. You may for instance slip in your hotel swimming-pool or tumble down the stairs in your cruise ship. Crashing into an all-transparent glass hotel door is another example.
The Court of Justice recently found a travel agency liable for damages suffered during a trip. It concerned a vacationer who had been assaulted and raped by a hotel employee. This hotel employee was actually included in person in the corresponding package holiday agreement. In this case the vacationer could claim liability from the travel agency with which she had concluded the package holiday agreement.
In most cases an injured party like this will have multi-trip travel and/or cancellation insurance. This may be invoked to get compensation. On top or instead of this, people may also claim liability from the travel agency that organised the trip. The ground for this possibility is the package holiday agreement concluded with the travel agency. A package holiday agreement is composed of various travel services, like accommodation, transport, car hire and so on. Travel services like these are booked via one and the same travel agency. So the agency is responsible for what happens when these travel services are being performed.
When you fall down the stairs of your cruise ship as a result of faulty stairs this will not be included in your package holiday agreement. After all, you did not consent to suffering injury when you booked your trip. The fact that you suffered injury in spite of this is for the account of the travel agency. It is the travel agency that should have ascertained and ensured your safe trip. What also counts in claims for liability is the degree of precaution taken by the travel agency in order to prevent damage.
When you are in doubt about whether your case would qualify for compensation of damage, just contact Elfi Letselschade Advocaat. We will be happy to help you.