[2025] EWHC 1844 (KB)

Whilst the Claimant was in Lapland on an expensive 4 day driving experience for McLaren road cars on ice, he chose to drive a snowmobile (SM) as part of the ancillary fun activities provided by McLaren. On 2.2.2020 at around 3.14 pm he was following a guide round a snowy track through trees, but he lost control, drove off the track and hit a tree. He was injured. At first, he thought it was all his own fault, apologised and offered to pay for the smashed up SM. A few months later, he instructed solicitors and by the end of July 2020 a pre-action protocol letter was written by his solicitors, to McLaren’s solicitors, asserting negligence/breach of contract by the guide and claiming damages for personal injuries.

The Package Travel and Linked Travel Arrangements Regulations 2018 (the Regulations) apply to the contract between the parties. McLaren is liable for the proper performance of the contract by its servants, agents, suppliers and sub-contractors (Reg. 15). It was an implied term that the Defendant would exercise reasonable care and skill in the provision of the SM safari services which were included within the package travel contract, see Wilson v Best Travel Limited [1993] 1 All ER 353 (QBD). The Claimant bears the burden of proving causative fault by the Defendant, see Hone v Going Places Leisure Travel Limited [2001] EWCA Civ. 947. The standard of care is the local, Finnish safety standard, see Wilson v Best Travel Limited [1993] 1 All ER 353 (QBD) and First Choice Holidays & Flights Limited v Holden [2006] EWHC 3775 (QBD). If the Claimant proves a breach of contract then Reg. 16(4) provides a form of statutory defence. The Claimant/traveller will not be entitled to compensation if the the Defendant is able to prove that any lack of conformity with the contract is, “(a) attributable to the traveller ...”, see Hurley v TUI UK Ltd [2014] EWHC 4774 (QB).