Holiday Claims
 Call Us: 0808 145 1353
Holiday Claims
No Win No Fee holiday claim

Snow-mobile Holiday Accident – Holidaymaker Compensated for Accelerating Skidoo into a Stationary Vehicle

Moore v Hotelplan Ltd (trading as Inghams Travel) EWHC 276 (QB)

Mrs Moore claimed holiday compensation from her tour operator, Hotelplan Ltd for negligence and/or breach of contract after sustaining serious injuries during a holiday in the Italian ski resort of Passo Tonale in the Italian Alps.

On 18th January 2007 Mrs Moore and others in the party purchased a snowmobile trip from her tour operator’s holiday representative – the skidoos were provided by the third party, Adriano Tantere, who both instructed the group in their use and led the group during the descent.

The holiday accident occurred as the group were descending and approaching the ski resort. Mrs Moore lost control of the skidoo she was driving and collided with a car parked in a car park at the foot of the slope. She sustained a serious spinal injury which rendered her paralysed below the mid chest - she is now wheelchair bound and will never walk again.

Mrs Moore lost control of the skidoo during the descent due to accidentally applying the accelerator instead of the brake. It was established at the trial that the accident could have been avoided if she had been instructed in the proper use of an emergency switch which would cut off the skidoo’s power.

Giving judgment in favour of Mrs Moore, Mr Justice Owen rejected the argument that, the tour operator - Hotelplan - was simply acting as agents for a disclosed third party and found that the arrangements had made between Mrs Moore and Hotelplan’s holiday representative which amounted to a contract for the supply of the snowmobile excursion.

Failure to give proper instruction in the use of the emergency switch amounted to a breach of Mr Tantere’s duty of care.

Accordingly, Hotelplan was responsible for Mrs Moore’s reasonable safety under the terms of the excursion contract and consequentially were found to be responsible for her injuries.

If you have suffered from accident on holiday then contact our Accident Abroad Compensation Claims Team today by phone or email - you may be entitled to claim substantial compensation.

Freephone: 0808 145 1353 or drop us a line using the form above.

Useful Information:

Dated: 10/05/2010


Disclaimer: None of the information on "" should be construed as legal advice and information is only offered for general information purposes based on the current law when the information was first displayed on this website. You should always seek legal advice from an appropriately qualified solicitor regarding any specific legal enquiry. Calls to or from our legal helpline may be recorded for training and monitoring purposes. External links are provided for your convenience, but they are beyond the control of Simpson Millar LLP Solicitors and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. Full website terms of use...