Legal Quiz

Storyline One

Benjy, who’s aged 10, goes on holiday with his parents to Tunisia. They have saved hard for the break so they can get a nice hotel.

Benjy is really looking forward to the holiday because he has just learned to swim and can’t wait to show off his new skills to his mum and dad.

While they are away Benjy and his parents swim everyday in the hotel swimming pool. They are having a really great holiday.

However, midway into the break Benjy’s skin is badly burned because the chlorine content of the pool is well over what is acceptable.

As well as these injuries being extremely painful, hospital doctors say they will leave Benjy with scars. Unfortunately these scars will remain with the youngster for the rest of his life.

Benjy’s dad also suffers similar burns and scarring from his time in the pool, although not quite to the same extent as his son.

Benjy’s mother does not appear, at the time, to be at all affected, but around six years later she begins to suffer blurred vision. It transpires that she contracted a rare virus on the Tunisian holiday.

This is put down to contaminated water in the pool, and she is told that she will go blind within the next 10 years.

All three make claims at this time against the tour operator in relation to their various injuries.

Is Benjy’s dad able to make a claim against the tour operator?

Is Benjy’s mum able to make a claim against the tour operator?

Is Benjy able to make a claim against the tour operator?

Question one: No, the time limit for bringing a personal injury claim, when the claimant is aware of the fact of the injury and its consequences, is three years, so by waiting until six years after the holiday, Benjy’s father is out of time for making a claim.

Question two: Yes, because Benjy’s mother was unaware, until six years after the event, of the consequences of bathing in the pool, and she is therefore still able to make a claim against the tour operator.

Question three: Yes, as Benjy is under the age of 18, the limitation period is effectively extended, and does not start to run until that time.

Jackie and Darren book a holiday to Bali. They make the booking in February and the departure date is in September. Unfortunately, in August, Darren receives notification that he has to do jury service over the holiday period.

He writes to the court but to no avail. Jackie is not too upset because a good friend of hers has just suffered a dramatic break-up and is willing to take Darren’s place. However, the tour operator tells the couple the booking cannot be transferred in this way, that they will have to pay the full price for Jackie’s friend, and Darren will not get his money back.

Whilst on the holiday, Jackie and her friend argue and Jackie decides she is missing Darren so much that she wants to come home, and she contacts the tour operator to arrange a flight, insisting that the operator pay any additional cost. However, she is informed that the circumstances do not warrant this, and the tour operator refuses either to make the arrangements or to assume responsibility for any extra cost.

Was the tour operator correct to refuse to transfer the booking to Jackie’s friend?

Was the tour operator correct to refuse to arrange an earlier flight home for Jackie?

Was the operator correct to refuse to pay the extra for Jackie’s earlier flight home?

Question one: No, so long as Jackie’s friend satisfies all the terms applicable to the package, and pays any additional costs incurred as a result of the transfer, (for example, airline cancellation charges) the tour operator is obliged to permit the transfer. Any additional charges would NOT mean paying the entire price all over again.

Question two: No, the operator is under an obligation to come to the assistance of a client who has encountered a problem, whether or not this has been caused by any fault on the part of the operator. Therefore, the operator should at least advise Jackie as to how to make the earlier booking.

Question three: Yes, the operator is under no obligation to pay for another flight when Jackie chooses to return home of her own volition.