Don't Pass On The Ski Pass!
How much snow is on the ski slopes should not be the only concern of skiers booking their holiday. Where you book your ski pass could be the biggest problem warn South West lawyers, Foot Anstey.
Solicitor, Bethany Blamire says “If you have an accident on a ski slope then your travel insurance should cover your hospital costs and the cost of flying you home, but what about compensation or loss of earnings? If the accident is caused by poorly maintained runs or defective lifts it will be difficult to recover these losses if you bought your ski pass abroad.
“Many people don’t pre-book their ski pass in the UK with a tour operator but buy it at the resort. If you buy your ski pass abroad then any claim for compensation is made in that country and this can be fraught with difficulty – different language, different legal system, often less favourable levels of damages if, indeed, damages are recoverable at all.”
Under English law liability in negligence for personal injury or death cannot be excluded by reference to a contractual term or by notice. This is not necessarily the law in other countries. Canada, for example, allows “contracting out” with an exclusion often printed on the back of a lift pass. In these circumstance no damages could be recovered at all.
The Package Travel and Package Tour Regulations 1992 gives holidaymakers the right, in certain circumstances, to sue the tour operator in the UK for the negligence of its foreign suppliers or agents. The package must include at least two components – for example, transport, accommodation or other “tourist service” (ie tour guide, excursion or ski pass). If any of its “suppliers” breaks their contract then the holiday maker can sue the operator.
Bethany adds “When a tour operator sells a ski pass as part of a pre-booked package they provide access to the resort’s lift system and slopes and are responsible for their state and condition.
“So, when an injury occurs on an unsafe icy patchy run, or on a poorly maintained lift, the ski pass pre-booked in the UK gives you the right to claim compensation directly against the UK tour operator. Legally they have failed to provide safe facilities.
“Make sure you buy a ski pass in the UK and this will give peace of mind before setting off down that slippery slope.”
