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Harold Stock & Co. Solicitors

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Harold Stock & Co Wins Court Of Appeal Case.

11th May 2012 by Harold Stock & Co

Titshall v Qwerty Travel Ltd

Harold Stock & Co act for Mr Titshall, in a Personal Injury claim against Qwerty Travel Ltd due to him sustaining serious injury when a glass patio door in his hotel room shattered, whilst he was holidaying in Corfu during 2006.

Qwerty Travel Ltd denied fault for Mr Titshalls accident on the basis that they were only acting as an agent and that Mr Titshall had not booked a package holiday. Therefore, they contended that he had no right to claim under the Package Travel, Package Holiday and Package Tours Regulations 1992.

Mr Titshall had actually called a telephone number through teletext and subsequently booked his holiday, although his flight was with one company and his accommodation with another.

At an initial Court hearing at Dartford County Court, the District Judge found in favour of Qwerty Travel Ltd ruling that they had not provided a package holiday and that they merely acted as an agent for the two companies providing the flights and accommodation.

Harold Stock & Co (on Mr Titshall’s behalf) appealed this decision to the Court of Appeal.

In a unanimous decision between Lord Justice Longmore, Lord Justice Tomlinson and Lady Justice Black, Mr Titshall’s appeal was allowed. In a victory for consumers, it was held that the travel retailer had sold Mr Titshall a package holiday within the meaning of the Package Tour Regulations and therefore, he had a right to bring his claim.

As a result of this case Travel Agents have now been advised to consider this important ruling of the Court of Appeal and ensure that when selling holidays they are careful to stipulate whether the components of the holiday are separate or whether they form a package. The significance of this being that the travel retailer would owe the consumer a higher duty of care if the holiday constitutes a package holiday.

Filed Under: News Tagged With: court of appeal

Harold Stock & Co

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harold stock solicitors

Mossley (Head Office)

55-57 Stamford Street
Mossley
Tameside OL5 0LN

Tel: 01457 835597
Fax: 0330 024 9210

harold stock solicitors

Failsworth

Ivy Business Centre
Crown Street
Failsworth M35 9PB

Tel: 0161 682 2400
Fax: 0330 024 9210

harold stock solicitors

Stockport

Pepper House
1 Pepper Road
Stockport SK7 5DP

Tel: 0161 456 5012
Fax: 0330 024 9210

Email: info@haroldstock.com

Harold Stock & Co Solicitors is a trading name of Harold Stock & Co Limited, a Limited Company registered in England and Wales. Company No: 07201476. Registered Office: 55-57 Stamford Street, Mossley, Tameside, OL5 0LN. Authorised and regulated by the Solicitors Regulation Authority (535629). VAT No: 991 015 916 A full list of Directors is available at the Company’s Registered Office.

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