Our client Mr Sewell, together with his wife and some friends, booked a holiday with Saga Holidays that included a 12-night River Danube cruise, in May 2007.

Background

Following an excursion, Mr Sewell returned to the cruise ship docked in the port of Harsova, Romania, and from the quayside was required to step down onto a concrete block, at bottom of which was a mesh metal plate situated at an angle to the gangplank. 

When he stepped onto the mesh metal plate, Mr Sewell's foot twisted and he fell, breaking a leg.

Saga Holidays denied responsibility for the accident, and this case proceeded to trial in February 2011.

Mr Sewell's case was that Saga Holidays owed a duty to provide him a safe means of access to the cruise ship, but failed in that duty, as the means of access was hazardous, and that hazard caused Mr Sewell to fall and break his leg. 

The defence said Saga Holidays did not own the gangplank, which was a local amenity for which it had no responsibility and no control over.

In support of the defence, Saga Holidays sought to rely on the small print in its contractual booking conditions, which stated: "Saga operates to many parts of the world, some of which do not conform to UK health and safety standards.

"The adequacy and enforcement of local safety standards is the responsibility of the appropriate authorities in the country concerned.  We believe that all our suppliers, hotels and facilities comply with the Local Regulations in force in their country for health and safety.
However, these do not necessarily meet UK standards. In addition, the areas and facilities surrounding your holiday accommodation, such as beaches and local amenities, do not form part of your holiday contract with Saga and have not been inspected. Saga therefore urges that you and your travelling companions take all reasonable precautions for your own protection whilst on holiday."

The judge found in favour of Mr Sewell on the basis that:

• the gangplank was not a local amenity, but fell within control of the cruise ship
• the means of access from the quayside to the cruise ship was hazardous
• the cruise ship knew or ought to have known the means of access to the ship was hazardous and did not do enough, either to rectify that hazard or provide sufficient assistance to holiday makers, including Mr Sewell, to safely cross the hazard
• the small print booking conditions were irrelevant
• Mr Sewell fell as a result of the hazard

Appeal

Saga holidays appealed on five grounds, maintaining the judge was wrong, both as a matter of law, and in her findings of fact.

The court granted permission to appeal on one ground only, that the judge was wrong to find that the 'exclusion' clause in the booking conditions was irrelevant.

On behalf of Mr Sewell, we submitted that the exclusion clause clearly intended to cover beaches and other local amenities, such as roads and paths outside a hotel. It was not intended to cover the only means of access to the cruise ship.

The only question for the court to determine was whether or not Saga Holidays owed a duty to provide a safe means of access to and from the cruise ship. If it did, it would be liable for Mr Sewell's accident because it had failed in that duty. If not, a bizarre situation could arise whereby  those on the cruise ship may be confined to the ship for the duration of the cruise, unable to go on excursions, as they could not return to the cruise ship without negotiating a hazard, tripping and falling. 

The appeal judge found no reasonable person could interpret the 'small print' booking conditions in the manner Saga Holidays contended for, in this specific case. The gangplank could not be said to be a 'local amenity', although it was a means of accessing local amenities. It could not be right that the sole means of access to and from the cruise ship could be dangerous and no liability attached to Saga Holidays.

The appeal failed.

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