Hello my name is ***** ***** I will help you with this.
Are you saying the Instructor was negligent?
Did you object to being taken off piste?
hello, while i did not object i was uncomfortable with being taken off piste
So may I ask why you didnt say anything?
i honestly do not know. Just decided to go with the flow i guess
are you not able to give me an answer? or is it complex?
I can give you an answer. Did you have travel insurance?
no. is that a problem?
Why didnt you have travel insurance? This would have covered you for accidents
i have given you pls try and answer my question regardless? i cannot undo what happened
Ok. Can you claim - yes
Can you sue in this country - no
You would need to bring any claim in Bulgaria
on what grounds?
Assuming the system works in Bulgaria as it does in the UK then you can bring a claim for negligence
The Instructor was negligent to let you ski when clearly you were not able to
He was negligent in not testing your ability
He should have assessed you all and put you to the weakest slope
under what what statutory provisions?
Negligence is common law
So no Act of Parliament
i want to know who i can bring a claim against and the extent of their liability
Yes you can bring a claim for negliegnce.
They would be responsible for any and all losses as a result of your accident.
i did some research myself and the Package holiday regulations, Reg 15 in particular kept popping up
As to the amount you can claim depends on how long the injury was and how much you lost
youve not mentioned it
Negligence is common law so you have a claim there which is a direct cause of action
is it not relevant to my case?
Yes it could be. But negliegnce is also as per Donoghue v Stevenson  AC 562
That shows us that you can sue for negligence is a loss and risk was reasonable foreseeable
and a duty of care
So yes you can suye.
However I think your claim may be worth less than £50,000 or so
ok, and how is the package holiday regulations relevant to my case?
Regulation 15 of The Package Travel, Package Holidays and Package Tours Regulations 1992 applies generally where there has been no or improper performance.
and what will i have to prove for that?
Here there was performance but they were negligent which is why I consider that to be a better action
That they owed you a duty of care, they broke it and you suffered as a result
breached you mean?
i am very confused by your responses
they are very vaguw and brief
What are you confused by?
How can I clarify?
i wanted to know WHO i can bring a claim against
And the extent of their liabilties
and also the causes of actions
so far you not mentioned the tour operator and or the snowboarding instructor
or the extent of their liabilty
1) Who you can bring a claim against:
a) Tour operator
c) Company who employed instructor
B) Extend of liability
a) For any and ALL losses you have incurred
b) damage for personal injury
C) Cause of action:
a) breach of contract
b) breach of regulations
You need to see a Solicitor who may into a no win no fee agreement
They will get you examined by an expert to see what the medical prognosis is.
They will at that point be able to value any potential claim
is the supply of goods ad services act relevant to my case at all?
They will then send a Claim Notification Form to the parties involved who will decide whether to agree or defend such an action
No, supply of Goods and Services applies to UK jurisdiction and that does not apply
If the matter is contested then there will be a fight about jurisdiction
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.
but the package holiday was supplied here in the Uk
Yes it was. But the Sale and Supply is unlikely to apply here.
And the Act is implied in every supply o goods and services is it not?
Your causes of action have been identified above
But the package holiday reg makes speciifc reference to the Act
May I ask which rating you are attempting to give?
so how will i establish that there has been a breach of contract?
I am going to opt out. Someone else will be along.
Alex, can you pls confirm when another expert will be available since youve opted out?