When traveling, a fall does not necessarily involve the responsibility of the travel professionals. The cause of the accident may be unpredictable. This is recalled by the Court of Cassation in a judgment of 17 February 2021.
A contract is concluded for the organization of a cruise between a cruise line, a travel agency and two passengers, mother and son. From the first night, the mother falls from her bed while sleeping and injures her eye. It invokes the responsibility of tourism professionals.
The fall could have been avoided if the organizers had respected their obligations of prudence 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 prevented.
The Court of Cassation quashes and quashes the judgment of the Court of Appeal. In her view, in order to be compensated, proof of the professional's liability must be adduced. The tour operators are responsible for the contract but may be relieved of this obligation if the cause of the accident is unforeseeable and can be considered as a case of force majeure.
