Continued from page 48


flying, 33% said they were comfortable now compared with 71% pre-Covid – a ‘comfort gap’ of -38. This was in line with results since March but an improvement from -53 in January. It remains a greater ‘comfort gap’ than on trains (-29) and buses (-26). Asked how comfortable


they would be taking an overseas holiday in the next month, 34% said they would be comfortable compared with 73% pre-Covid – a gap of -39 but an improvement from -55 in January and the best result since researchers first asked the question last October. Three out of five respondents


(60%) said they would be comfortable staying in a hotel in the next month, 20 percentage points down on pre-Covid but a 29-point improvement on January and closer to the level for self-catering (69%). The survey found only 40%


comfortable with the removal of social distancing and 33% the removal of face mask requirements. Business confidence also fell


back with one-third of business respondents (32%) believing ‘the worst is past’ compared with 51% in May, returning to a level it was last at in mid-February. Overall, BVA BDRC found


the outlook at the end of July “more negative than at any time since January” with “some consumers unnerved by the potential absence of safety protocols”. However, it noted: “International holiday and flight bookings showed the most visible uplift in 12 months.” BVA BDRC surveyed 1,763


UK adults on July 26-31 in its latest fortnightly survey.


Abta membership falls by ‘just 2%’ in subs renewal


Abta hailed its membership numbers as “remarkably resilient” following the July 1 subscription renewal which saw a fall of just 2% in members and subscriptions despite the pressures on businesses. Head of membership Danny


Waine said: “We had some members leave and new members join. Those who left made up 2% of membership and subscription income, represent-


ing 3% of members’ turnover.” Abta confirmed it represents


more than 4,300 brands, 928 head office members, 618 managed branch operators and more than 12,000 self-employed homeworkers, agents and sales representatives following the subs renewal. The association revised


subscription payments for two-thirds of members in June, allowing those paying up to £3,000 a year to defer payments for the rest of this year and pay two 50% instalments in January and April. Waine said: “Long-term market


trends, not just the pandemic, explain why membership


numbers change. Some groups are consolidating and reorganising, removing the need for separate Abta memberships. Some businesses are moving from being their own operation to managed branches operating under consortia. There are some closures and retirements in addition to company failures.” He added: “The pandemic


will have affected some members’ cashflow, their ability to get a bond or renew insurances. [But] Abta’s membership numbers remain remarkably resilient.” Travel Weekly understands


two businesses left to move from bonding to trust arrangements.


Kuoni legal ruling raises liability issue for operators


Ian Taylor


The Supreme Court ruled Kuoni liable for damages for the rape of a client at a resort in Sri Lanka in 2010 in a judgment that raises “crucial questions” for tour operators. The UK court found Kuoni


liable to claimant Mrs X for breach of contract under the Package Travel Regulations (PTRs) after a lengthy legal battle that had previouly seen the High Court dismiss Mrs X’s claim for damages and the Court of Appeal dismiss her appeal. However, the ruling was in line with a European Court of Justice decision in March. Mrs X was raped and assaulted by


an electrician at the four-star Club Bentota hotel after being lured into a room under the pretext of being shown a short cut to reception. The case hung on whether a tour


operator is liable for the conduct of hotel staff, with the issue complicated by the fact the electrician was


46 12 AUGUST 2021 Claire Mulligan


liability doesn’t extend beyond the holiday arrangements. “Second, supplier contracts will


need to be reviewed and updated. “Third, risk assessments should


be reviewed and suppliers consider additional CCTV in vulnerable areas of hotels and resorts.” The Supreme Court heard


Mrs X’s case in May 2019 and issued an initial judgment in July the same year but sought a ruling from the CJEU that came in March this year. The court considered it an integral


employed by a sub-contractor. Claire Mulligan, partner at law


firm Kennedys, represented Abta as an intervening party and warned the ruling raises three “crucial” issues. She argued: “First, tour operators


may find themselves liable to a claim even if there is no liability on the part of the hotel or other suppliers. They need to carefully review booking terms and conditions to ensure their


part of a four-star holiday that hotel staff would assist guests by guiding them around the hotel and concluded the rape amounted to a failure to provide that service with proper care. It noted Kuoni had a defence


under the PTRs if it could not “foresee or forestall” what happened “even with all due care”. However, the CJEU ruled such a defence did not apply and the Supreme Court found the CJEU ruling binding on UK courts.


travelweekly.co.uk


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52