Storyline One:
Tricky Tours provides package holidays to destinations not featured by other tour operators, and it also specialises in catering to clients’ every whim.
John and Jo book a holiday featured in the brochure, to a tiny island in the middle of the Pacific Ocean which has no electricity and where there is only one guest house.
Jo is allergic to certain food, including fish and eggs and makes it very clear at the time of booking that the guest house must be able to provide satisfactory alternatives. Tricky Tours assures her in writing that her dietary requirements will be catered for.
On the first leg of the outward journey, the plane is severely delayed because a passenger becomes panicked and insists on disembarking, which means that all the luggage has to be unloaded.
This leads to John and Jo missing their connecting flight, and the pilot of the plane, a six seater, refuses to come back and pick them up, on the basis that if the large airlines can’t manage to be on time, he didn’t see any reason why he should put himself out.
When John and Jo eventually arrive, they have a marvellous holiday, which is only slightly blighted by the fact that the main foodstuffs on the island are fish and eggs. Jo complains to Tricky Tours, but is told her request was only ever a special request and could not be guaranteed.
Question one: Are Tricky liable to Jo and John for the delay of the outward leg of the journey?
Question two: Are Tricky liable to Jo and John for the pilot’s refusal to pick them up?
Question three: Are Tricky liable to Jo and John for the failure to observe Jo’s dietary needs?
Answers
Question one: No. The delay was caused by another passenger and was not within the control of either Tricky or the airline.
Question two: Yes, The pilot is a supplier for the purpose of the Package Travel Regulations and is clearly at fault.
Question three: Yes, because Tricky confirmed that the request would be met.
Storyline Two:
Peter and Amanda book a luxury week’s holiday in Capri for their wedding anniversary. This includes first-class flights, five-star accommodation, and the service of a personal butler.
Peter wants to arrange for a limousine to pick him and Amanda up from the airport but the tour operator tells him that although they can book this, Peter will have to pay when they actually arrive, as the local company providing the service is not someone they normally deal with and insists on direct, cash payments.
On arrival at their departure airport, the couple are downgraded to economy because of the overbooking on the part of the airline. They complain but there is nothing that can be done.
On arrival at their destination, the limousine waiting for them is scruffy, and breaks down on the way to the hotel.
Once at the hotel, it transpires that Peter and Amanda’s personal butler does not speak English, only Italian, which causes great inconvenience throughout the holiday.
Question 1:Does the tour operator have any liability to Peter and Amanda for the overbooking?
Question 2: Does the tour operator have any liability to Peter and Amanda for the state of the limousine?
Question 3: Does the tour operator have any liability to Peter and Amanda for the Italian speaking butler?
Answers
Question one: Yes. The airline is a supplier of the tour operator and is clearly at fault.
Question two: No, because this was not paid in the UK, and it was made clear that the service was to be provided by a company unconnected with the tour operator.
Question three: Yes. It would be at least an implied term of the contract that a personal butler would be able to communicate effectively with clients.