Analysis of a decision on rape under travel law

In the United Kingdom, the case of X v Kuoni concerning the rape of a traveller by an electrician employed by the hotel, in which the ECJ ruled for the first time on the concept of a supplier of services and on liability for injury caused by a hotel employee, has caused a great stir and will probably have a lasting influence on case law there:

The UK Supreme Court concluded that there had been a breach of duty in the provision of travel services attributable to the package organiser and that the package organiser was therefore liable for the damages associated with the rape.

In a contribution to the new “International Journal of Tourism, Travel and Hospitality Law”, Michael Wukoschitz examines whether this decision will also change the liability of tour operators in the EU (of which the UK is no longer a member). The analysis takes into account that the CJEU decision was issued in the context of the Package Travel Directive 1990, which has since been replaced by the Package Travel Directive 2015, the liability rules of which differ significantly from the previous legal situation.

A pre-print version of the article is available online here>>

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