Tour operators have been warned to review their terms and conditions after a High Court judgment found Inghams at fault in a skidoo accident that left a woman wheelchair-bound for life.
The case was brought against Inghams’ owner Hotelplan by Emma Moore following a skidoo excursion in January 2007 at the Passo Tonale ski resort in Italy.
Moore lost control of the skidoo and crashed in a car park, severing her spinal cord.
Delivering his verdict on Monday at the Royal Courts of Justice in London, Mr Justice Owen ruled against the ski operator, deciding Inghams was responsible for the excursion under the holiday contract defined by the Package Travel Regulations.
He said Moore had had insufficient training to prevent the accident, although he said her own negligence left her 30% responsible for the accident – a fact that will be reflected in any compensation, which is expected to be “very substantial”.
Inghams is likely to appeal against the ruling, and some experts said the Court of Appeal would look more favourably on the operator.
Initial trade reaction to the ruling was that it was bad news for operators, which could now be held responsible for the health and safety of all excursions sold to clients.
But Claire Mulligan, Plexus Law partner and travel department head, whose team deals with about 6,000 claims a year, many related to excursions, said operators could continue to sell excursions safely, providing their terms and conditions are in order.
Mulligan said: “If a tour operator is selling an excursion it needs to disclose who the principal is and make sure the name of the excursion provider is on the ticket, not the operator’s.”
ABTA head of legal services Simon Bunce said the association was considering the verdict and would be sending advice to members.
A TUI Travel spokesman said: “Our customers’ health and safety is of primary concern. While we will consider this judgment seriously, we will always continue to provide our customers with access to reputable excursion suppliers to enhance their holiday experience.”