Commercial Law for Employers: Liability of Travel Companies
Posted in : Commercial Law for Employers on 8 June 2021 Issues covered: Third-party LiabilityKey Issues: Package Holiday – Liability of Travel Company – Concept of “supplier of services” - Preliminary Ruling
Case: X v Kuoni Travel Ltd
Reference: Case C-578/19, CJEU (Third Chamber), 18 March 2021
Legislation: Directive 90/314/EEC
Background
X and her husband entered into the contract at issue with Kuoni under which the latter agreed to provide them with a package holiday in Sri Lanka, which included return flights from the United Kingdom and 15 nights’ all-inclusive accommodation at a hotel, between 8 and 23 July 2010.
Clause 2.2 of that contract provides:
‘Your contract is with [Kuoni]. We will arrange to provide you with the various services
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