The Supreme Court has found a package holiday operator here is liable for injuries suffered by a woman who fell on a slippery floor in a Spanish hotel during a holiday organised by the company.
In a judgment clarifying the rights of consumers and duties of tour operators under the relevant law, the three-judge court today dismissed an appeal by Falcon Leisure Group (Overseas) Ltd against a High Court award of €32,477 damages to Mary Scaife over the accident in May 1998.
The case centred on interpretation of the 1995 Holidays and Travel Trade Act, which transposed into Irish law an EU Directive relating to liability for accidents on package holidays.
Ms Justice Fidelma Macken, with whose judgment Mr Justice Adrian Hardiman and Mr Justice Nial Fennelly agreed, said Ms Scaife, through a travelling companion, had entered into a written agreement with Falcon for a package holiday for May 1998 involving flights and half-board accommodation at Cambrils Princess Hotel in Salou, Spain.
The High Court found the hotel itself was of a good standard and that Ms Scaife and others had chosen to return there, having previously stayed there. On May 21st 1998, while walking to a buffet table to serve herself at an evening meal in the hotel, Ms Scaife fell on soup or sauce spilled on the marble floor behind a pillar and suffered physical injuries.
The High Court found she could not have seen the spilled liquid and had no warning of its existence until she fell. Mr Justice Daniel Herbert ruled that, under Section 20 of the 1995 Act, Falcon was liable for the wrongful acts of the hotel owner and Ms Scaife was entitled to recover damnages from Falcon.
While Falcon itself had done nothing wrong whatsoever, the High Court said Falcon had to accept responsibility for somebody providing a service which did not properly perform the holiday contract.
Ms Justice Macken said Section 20 of the 1995 Act expressly makes the organiser of package holidays liable to the consumer, including liability for acts of a service supplier with whom the organiser had entered into arrangements.
