A tour operator was liable in contract for a third party excursion on a ski trip that went wrong

When the holidaymaker arrived at a resort, her tour operator provided her with a welcome pack that included information on a snowmobile trip provided by a third party.

When she was on the trip she lost control of her snowmobile and suffered injuries and paralysis. The tour operator denied liability and served notice on the third party who supplied the snowmobile.

The claimant stated that the third party had failed to give her instructions in the use of a cut-off switch if she lost control of the vehicle.

It was held the arrangements between the tour operator and the claimant gave rise to a contract. The holiday contract provided the context within which the excursion contract was entered into.

The holiday contract had an “our liability” clause in the booking conditions in which the tour operator promised to make sure that all parts of the holiday it agreed to arrange as part of its contract were provided to a reasonable standard and in accordance with that contract.

The claimant was 30 per cent contributorily negligent in pressing the accelerator when she should have pressed the brake but the breach of duty arose in failing to instruct her in how to use the cut-off switch, which would have prevented the accident.

Moore -v- Hotel Plan Ltd and Adriano Tantera 2010 EWHC 276QB.