Presented at the PEOPIL Conference, May 2019.
Mrs X and her husband booked a 14 night all-inclusive package holiday to Sri Lanka. In the early hours of 17 July 2010 Mrs X made her way on foot (alone) from the Hotel room that she shared with her husband towards the Hotel reception. On her way she encountered someone that she had briefly met earlier the same evening: a uniform-wearing employee of the Hotel. The employee (an electrician in the Hotel maintenance department) informed Mrs X that he knew a faster way to reception and that she should follow him. They entered an engineering room at the Hotel where the employee raped Mrs X. Shortly thereafter, she reported the assault to her husband (who had been looking for her) and to the management of the Hotel.
The holiday was a regulated “package” within the meaning of Regulation 2(1) of the Package Travel etc. Regulations 1992. On her return to the United Kingdom Mrs X brought proceedings against the Defendant tour operator (the “organiser” and “other party to the contract”) pursuant to the Defendant’s Booking Conditions and regulation 15 of the Package Travel etc. Regulations 1992 (the Booking Conditions were intended to reflect the Defendant’s obligations under the 1992 Regulations). The essence of her claim (as presented at Trial and summarised in the first instance judgment) was “… that the sexual assault carried out by an employee of the Hotel whilst on duty, amounted to the improper performance of a contractual obligation owed by the Defendant to the Claimant pursuant to regulation 15 of the 1992 Regulations” (per HHJ McKenna, sitting as an Additional Judge of the High Court:  EWHC 3090 (QB), para 16).
To read the presentation and briefing note in full, please download here: PEOPIL Presentation – X v Kuoni (May 2019)