Snow-mobile Holiday Accident – Holidaymaker Compensated for Accelerating Skidoo into a Stationary Vehicle

Moore v Hotelplan Ltd (trading as Inghams Travel) EWHC 276 (QB)

Mrs Moore claimed holiday compensation from her tour operator, Hotelplan Ltd for negligence and/or breach of contract after sustaining serious injuries during a holiday in the Italian ski resort of Passo Tonale in the Italian Alps.

On 18th January 2007 Mrs Moore and others in the party purchased a snowmobile trip from her tour operator’s holiday representative – the skidoos were provided by the third party, Adriano Tantere, who both instructed the group in their use and led the group during the descent.

The holiday accident occurred as the group were descending and approaching the ski resort. Mrs Moore lost control of the skidoo she was driving and collided with a car parked in a car park at the foot of the slope. She sustained a serious spinal injury which rendered her paralysed below the mid chest – she is now wheelchair bound and will never walk again.

Mrs Moore lost control of the skidoo during the descent due to accidentally applying the accelerator instead of the brake. It was established at the trial that the accident could have been avoided if she had been instructed in the proper use of an emergency switch which would cut off the skidoo’s power.

Giving judgment in favour of Mrs Moore, Mr Justice Owen rejected the argument that, the tour operator – Hotelplan – was simply acting as agents for a disclosed third party and found that the arrangements had made between Mrs Moore and Hotelplan’s holiday representative which amounted to a contract for the supply of the snowmobile excursion.

Failure to give proper instruction in the use of the emergency switch amounted to a breach of Mr Tantere’s duty of care.

Accordingly, Hotelplan was responsible for Mrs Moore’s reasonable safety under the terms of the excursion contract and consequentially were found to be responsible for her injuries.

If you have suffered from accident on holiday then contact our Accident Abroad Compensation Claims Team today by phone or email – you may be entitled to claim substantial compensation.