Legal Quiz

Storyline One: Mr and Mrs Pander have eventually given in to the constant whining of their two children aged six and eight, about a trip to Fun Times Theme Park.

They book a long weekend travelling to France with Good Travel Train Company on Friday and returning on the Sunday.

The arrangements are booked through a local travel agent, and include essentially rail transport, accommodation and free access within Fun Times Theme Park. All goes swimmingly until the return journey.

On the way back, the train is stopped at Lille because the French authorities, for reasons known only to themselves, have decided to indulge in a security check.

Everyone is compelled to disembark and take their luggage with them. Since there are mainly families on board disembarkation, checking and re-embarkation are, to say the least, chaotic – they are also long drawn out with the result that there is a 5hrs delay.

Instead of arriving home at 7pm, Mr and Mrs Pander and children do not arrive home until after midnight.

Their unhappiness is exacerbated when, the next morning, the youngest child starts being violently ill, and the local doctor suggests that it is a result of food poisoning probably caused by something eaten on the return journey.

Does the travel agent have any liability for the delayed arrangements?

Does Good Travel Train Company have any liability for the delayed arrangements?

Does the train company have any liability for the food poisoning?

Question one: Possibly. This depends on whether the agent was selling a package or if it could be said to have put together a package.

Question two: Possibly. The application of the Package Travel Regulations is dependent upon who is the organiser. If they do not apply, the conditions of Good Travel Train Company will apply.

Question three: Possibly not. The difficulty for Mr and Mrs Pander is proving that the food was eaten on the train. If they can show this, they may well have a claim.

Storyline Two: Lisa and Tony book a weekend package trip to Dublin in order to celebrate Tony’s forthcoming 30th birthday.

The couple arrange to fly on a Friday morning, and are due to return on the following Sunday evening. The package, which is organised by Happy Green Tours, includes accommodation at a four-star hotel and is said to be centrally located.

On the arranged weekend the outward travel, flight and arrangements go smoothly and upon arrival at the hotel Lisa and Tony are delighted to find that they have been upgraded from a double room to a suite.

On the first evening, they return after dinner to their luxurious accommodation, albeit rather late after a “boisterous” evening.

Lisa slumps rather heavily in an armchair which disintegrates – she bangs her head and has cuts and bruises. However, at the time this is not reported to the hotel.

On the second night, which is the evening of Tony’s birthday, the couple wish to go out for a nice meal.

They ask the hotel for recommendations for a restaurant for dinner. Their criteria is good food, good atmosphere and reasonable prices.

The concierge at reception recommends the local restaurant, called Extravaganza.

It certainly achieves the first two criteria but not the third. The total food bill for the couple, excluding wine, runs in at £100 per head.

Having asked for a restaurant with reasonable prices Tony and Lisa feel that this amount did not fit in with their criteria. They ended up paying far more than they wanted to and went home unhappy.

Is the tour operator liable for Lisa’s accident?

Is there any significance in Lisa’s failure to report the accident involving the chair to the hotel?

Do Lisa and Tony have any claim against the tour operator for the cost of the meal in the restaurant Extravaganza?

Question one: Possibly. This will depend upon the condition of the chair. If it was rickety then there may well be liability.

Question two: No. The significance of complaining on the spot is primarily linked to the creation of the opportunity to put things right.

Question three: No. They probably should have checked out the prices themselves, and ultimately did not have to stay in the restaurant and pay them.