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Nicola-mod
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I went snowboarding last year in Bulgaria. My boyfriend and had book a

Customer Question

I went snowboarding last year in Bulgaria. My boyfriend and had book a package holiday with a tour operator in Leeds- a small family owned business. It was for 12 days and included meals, accomodation and the snowboarding instructor.
The instructor put me with other people with similar but slightly differing abilities and experience.
Everything went great until the Snowboarding instructor suggested that we should do a bit of 'off pisting. we were a bit uncomfortable with this but went ahead.
Unfortunately, i took suffered an accident at a particular part of the off- pisting terrain and suffered some injuries.
I guess i want to know who i can make a claim against and the extent of their liabilty.
Also, i will be representing myself if possible so any useful caselaw, or legislation will be much appreciated.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Are you saying the Instructor was negligent?

Alex Watts :

Did you object to being taken off piste?

JACUSTOMER-7d7g7mvc- :

hello, while i did not object i was uncomfortable with being taken off piste

Alex Watts :

So may I ask why you didnt say anything?

JACUSTOMER-7d7g7mvc- :

i honestly do not know. Just decided to go with the flow i guess

JACUSTOMER-7d7g7mvc- :

are you not able to give me an answer? or is it complex?

Alex Watts :

I can give you an answer. Did you have travel insurance?

JACUSTOMER-7d7g7mvc- :

no. is that a problem?

Alex Watts :

Why didnt you have travel insurance? This would have covered you for accidents

JACUSTOMER-7d7g7mvc- :

i have given you pls try and answer my question regardless? i cannot undo what happened

Alex Watts :

Ok. Can you claim - yes

Alex Watts :

Can you sue in this country - no

Alex Watts :

You would need to bring any claim in Bulgaria

JACUSTOMER-7d7g7mvc- :

on what grounds?

Alex Watts :

Assuming the system works in Bulgaria as it does in the UK then you can bring a claim for negligence

Alex Watts :

The Instructor was negligent to let you ski when clearly you were not able to

Alex Watts :

He was negligent in not testing your ability

Alex Watts :

He should have assessed you all and put you to the weakest slope

JACUSTOMER-7d7g7mvc- :

under what what statutory provisions?

Alex Watts :

Negligence is common law

Alex Watts :

So no Act of Parliament

JACUSTOMER-7d7g7mvc- :

i want to know who i can bring a claim against and the extent of their liability

Alex Watts :

Yes you can bring a claim for negliegnce.

Alex Watts :

They would be responsible for any and all losses as a result of your accident.

JACUSTOMER-7d7g7mvc- :

i did some research myself and the Package holiday regulations, Reg 15 in particular kept popping up

Alex Watts :

As to the amount you can claim depends on how long the injury was and how much you lost

JACUSTOMER-7d7g7mvc- :

youve not mentioned it

Alex Watts :

Negligence is common law so you have a claim there which is a direct cause of action

JACUSTOMER-7d7g7mvc- :

is it not relevant to my case?

Alex Watts :

Yes it could be. But negliegnce is also as per Donoghue v Stevenson [1932] AC 562

Alex Watts :

That shows us that you can sue for negligence is a loss and risk was reasonable foreseeable

JACUSTOMER-7d7g7mvc- :

and a duty of care

Alex Watts :

Indeed.

Alex Watts :

So yes you can suye.

Alex Watts :

sue

Alex Watts :

However I think your claim may be worth less than £50,000 or so

JACUSTOMER-7d7g7mvc- :

ok, and how is the package holiday regulations relevant to my case?

Alex Watts :

Regulation 15 of The Package Travel, Package Holidays and Package Tours Regulations 1992 applies generally where there has been no or improper performance.

JACUSTOMER-7d7g7mvc- :

and what will i have to prove for that?

Alex Watts :

Here there was performance but they were negligent which is why I consider that to be a better action

Alex Watts :

That they owed you a duty of care, they broke it and you suffered as a result

JACUSTOMER-7d7g7mvc- :

breached you mean?

Alex Watts :

Yes

JACUSTOMER-7d7g7mvc- :

i am very confused by your responses

JACUSTOMER-7d7g7mvc- :

they are very vaguw and brief

JACUSTOMER-7d7g7mvc- :

vague

Alex Watts :

What are you confused by?

Alex Watts :

How can I clarify?

JACUSTOMER-7d7g7mvc- :

i wanted to know WHO i can bring a claim against

JACUSTOMER-7d7g7mvc- :

And the extent of their liabilties

JACUSTOMER-7d7g7mvc- :

and also the causes of actions

JACUSTOMER-7d7g7mvc- :

so far you not mentioned the tour operator and or the snowboarding instructor

JACUSTOMER-7d7g7mvc- :

or the extent of their liabilty

Alex Watts :

1) Who you can bring a claim against:

Alex Watts :

a) Tour operator

Alex Watts :

b) Instructor

Alex Watts :

c) Company who employed instructor

Alex Watts :

B) Extend of liability

Alex Watts :

a) For any and ALL losses you have incurred

Alex Watts :

b) damage for personal injury

Alex Watts :

C) Cause of action:

Alex Watts :

a) breach of contract

Alex Watts :

b) breach of regulations

Alex Watts :

c) negligence

Alex Watts :

You need to see a Solicitor who may into a no win no fee agreement

Alex Watts :

They will get you examined by an expert to see what the medical prognosis is.

Alex Watts :

They will at that point be able to value any potential claim

JACUSTOMER-7d7g7mvc- :

is the supply of goods ad services act relevant to my case at all?

Alex Watts :

They will then send a Claim Notification Form to the parties involved who will decide whether to agree or defend such an action

Alex Watts :

No, supply of Goods and Services applies to UK jurisdiction and that does not apply

Alex Watts :

If the matter is contested then there will be a fight about jurisdiction

Alex Watts :

Then the case will proceed. If fought then I imagine an expert on ski-ing and safe practices will need to be instructed to decide whether or not what the instructor did was safe.

JACUSTOMER-7d7g7mvc- :

but the package holiday was supplied here in the Uk

Alex Watts :

Yes it was. But the Sale and Supply is unlikely to apply here.

JACUSTOMER-7d7g7mvc- :

And the Act is implied in every supply o goods and services is it not?

Alex Watts :

Your causes of action have been identified above

JACUSTOMER-7d7g7mvc- :

But the package holiday reg makes speciifc reference to the Act

JACUSTOMER-7d7g7mvc- :

fine

Alex Watts :

May I ask which rating you are attempting to give?

JACUSTOMER-7d7g7mvc- :

so how will i establish that there has been a breach of contract?

Alex Watts :

I am going to opt out. Someone else will be along.

JACUSTOMER-7d7g7mvc- :

ok

JACUSTOMER-7d7g7mvc- :

Alex, can you pls confirm when another expert will be available since youve opted out?

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola

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