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On appeal from: [2018] EWCA Civ 938

This appeal considered whether the respondent is liable to the appellant for breach of contract and/or under the Package Travel, Package Holidays and Package Tours Regulations, reg 15.

The Supreme Court unanimously decided to refer two questions to the CJEU.

The Court determined that to decide the appeal, it requires answers to the following questions from the CJEU:

(1) Where there has been a failure to perform or an improper performance of the obligations arising under the contract of an organizer or retailer with a consumer to provide a package holiday to which the Directive applies, and that failure to perform or improper performance is the result of the actions of an employee of a hotel company which is a provider of services to which that contract relates:
(a) is there scope for the application of the defence set out in the second part of the third alinea to art 5(2); and, if so,
(b) by which criteria is the national court to assess whether that defence applies?

(2) Where an organizer or retailer enters into a contract with a consumer to provide a package holiday to which the Directive applies, and where a hotel company provides services to which that contract relates, is an employee of that hotel company himself to be considered a “supplier of services” for the purposes of the defence under art 5(2), third alinea of the Directive?

For judgment, please download: [2019] UKSC 37
For Court’s Press Summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII

To watch the hearing, please visit: Supreme Court Website (1 May 2019 morning session) (1 May 2019 afternoon session)