Lougheed v On the Beach Ltd

Judgment

Lord Justice Tomlinson :

The Appellant, On The Beach Limited, (“On The Beach”) describes itself as a travel agent but Mr Recorder Giles Harrap sitting in the Winchester County Court decided by his judgment delivered on 31 January 2014 that it was the “organiser” of a holiday package as defined by The Package Travel, Package Holidays and Package Tours Regulations 1992, SI 1992 No. 3288 (“the Regulations”) sold by it in August 2009 to Mrs Cheryl Barton. The package consisted of flights and accommodation for a party of five. The flights were provided by Ryanair. The accommodation was at the H Top Royal Star Hotel in Lloret de Mar, Spain. The party included Mrs Barton’s nine year old daughter Connie and her seventy-two year old mother Mrs Valerie Lougheed, the Respondent. Mrs Barton was therefore, in the language of the Regulations “the principal contractor” and Mrs Lougheed was a “consumer”, a person on whose behalf the principal contractor agrees to purchase the package.

The party flew to Spain on 14 August 2009. On the morning of 16 August Mrs Lougheed slipped and fell while going down a flight of polished granite steps which had non-slip grooves cut into them. At the time Mrs Lougheed was holding on to the handrail on her side of the steps with her left hand. The judge found, resolving disputed evidence, that she had slipped on a patch of water on the steps.

Mrs Lougheed suffered a fracture dislocation of her right ankle, a fracture of the left shoulder and bruising to her lower back and bottom. It was agreed that if On The Beach was liable to her in respect of her loss, her damages in respect of her injuries and consequential financial loss should be quantified at £30,000. Mrs Lougheed contended that On The Beach was liable to her pursuant to paragraph 15(1) of the Regulations which provides:-

“15. – Liability of other party to the contract for proper performance of obligations under contract

1. The other party to the contract is liable to the consumer for the proper performance of the obligations under the contract, irrespective of whether such obligations are to be performed by that other party or by other suppliers of services but this shall not affect any remedy or right of action which that other party may have against those other suppliers of services.”

Mrs Lougheed contended that the circumstance that water was deposited on the steps and/or allowed to remain there until she slipped upon it was indicative that the hotel had not exer