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Tour Operators Could Be Liable for Holiday Accidents on Excursions


A warning for tour operators to revise their terms and conditions for excursions has been provided in the form of recent High Court judgements.

The recent High Court case of Emma Moore vs Hotelplan Ltd t/a Inghams Travel is an example of a case where it was judged that the terms and conditions of the tour operator should also apply to excursions.

This judgement is a warning sign to tour operators, who at this time are generally not held liable for a Holiday Accident that occurs on an excursion provided by a third party. In the Emma Moore case, Inghams Travel faced substantial damages, even though the excursion in question was not booked as part of their package holiday.

Holiday reps must be careful with how they sell excursions. Reps are usually able to sell more excursions if it is implied to clients that the excursion is run by the tour operator and therefore they will be insured.

In the light of recent court judgements however, tour operators are being urged to be more careful with their branding. There now appears to be the potential that travel companies' terms and conditions could be extended to excursions.

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Dated: 22/07/2011


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