During a trip, a fall does not necessarily entail the liability of travel professionals. The cause of the accident may be unpredictable. This is what the Court of Cassation recalls in a judgment of February 17, 2021.
A contract is concluded for the organization of a cruise between a cruise operator, a travel agency and two passengers, the mother and the son. On the first night, the mother fell out of bed while sleeping and injured her eye. It invokes the responsibility of tourism professionals.
The fall could have been avoided if the organizers had respected their obligations of care and safety resulting from the contract. The Court of Appeal ordered them to compensate the passenger on the grounds that the accident was foreseeable and could have been avoided.
The Court of Cassation reverses and annuls the judgment of the Court of Appeal. According to her, to be compensated, it is necessary to bring the proof of the responsibility of the professional. The organizers of the trip are responsible for the contract but can be relieved of this obligation if the cause of the accident is unforeseeable and can be considered as a case of force majeure.:titleContent