X v Kuoni Travel Ltd [2021] UKSC 34 – Reg 15 PTPHPTR – Article 5 Council Directive 90/314/EEC.
1) service of guiding guest to hotel reception fell within “holiday arrangements”.
- assault and rape of guest by hotel employee failed to provide that service with due care.
- fact that employee committed criminal offence not alter nature of service which should have been provided.
2) employee of supplier of services not himself a supplier of services, but obligations of supplier may be performed through employees under its control.
- failure of employee to perform may constitute improper performance of obligations under package travel contract.
- supplier of services not exempt from liability under reg 15(2)(c)(ii) PTPHPTR, because its improper performance caused by acts of employee.
3) vicarious liability not relevant where liability arises from wording of contract or statute which requires supplier to provide service with care and skill.
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