A package tour operator was not liable to pay damages to a customer who was raped by an electrician employed by the hotel where she stayed. The Court of Appeal so decided on 26 April 2018.
The issue concerned obligations under SI 1992 No 3288 that could not be avoided by contract. These implemented EU directive 90/314/EEC. The obligations relate to standards reasonably expected by the customer.
Her case was that the electrician was undertaking a service of guiding her in the hotel grounds when he assaulted her. The assault was clearly a failure to provide service of a reasonable standard.
The Court held that her case failed in what constituted "holiday arrangements". A member of a hotel's maintenance team escorting a holidaymaker was no part of the function for which he was employed.
X v Kuoni Travel Ltd. CA. The Times 21 May 2018 [18.05]