The Background

In 2010, the Appellant (Mrs X), entered into a contract with the Respondent, Kuoni Travel Ltd, under the Package Travel, Package Holidays and Package Tours Regulations 1992, when she and her husband booked a holiday to Sri Lanka.

During the holiday, Mrs X was assaulted and raped by a hotel employee, who had alleged he was able to guide her to the reception area of the hotel.  She subsequently brought a claim against Kuoni, claiming that the assault and rape were a breach of contract and/or gave rise to liability under the Package Travel, Package Holidays and Package Tours Regulations 1992.

The Issues

The 2 main issues heard before the Supreme Court were:

1.         Did the rape and assault of Mrs X constitute improper performance of the obligations of Kuoni under their contract?

2.         If so, is any liability of Kuoni in respect of the employees conduct excluded by clause 5.10(b) of the contract and/or regulation 15(2)(c) of the 1992