unreported, 14th April 2011
An unusual case deciding the extent of a tour operator’s tortious duty to a consumer. The Claimant had gone on a mountaineering package holiday booked with the Defendant. The Defendant had provided local guides. When the guides assisted her in creating ‘stunts’ for the benefit of a video being made on behalf of Ranulph Fiennes, she fell into a crevasse. The Defendant was liable for their failure to provide competent advice and assistance, notwithstanding the fact that the provision of stunts had not been provided for contractually and was not in the contemplation of the parties when the contract was concluded.
Permission to appeal granted by the Court of Appeal on the basis of public interest – awaiting hearing date
Sarah Prager was Counsel for the Claimant.