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Regulation 15 of the Package Tour & Travel Regulations imposes a strict fault-based liability upon the tour operator for the proper performance of the obligations under the contract by their third party suppliers. In other words the tour operator is responsible to you for everything that was wrong with your holiday which can include accommodation, cleanliness, infestation of insects, food, health, hygiene, plumbing, swimming pool, all-inclusive services if appropriate, representatives services, transfers and pre-booked excursions.

What the tour operator must do is to compensate you the consumer for the problems you experienced and then the tour operator may under a separate claim recover what he has to pay you in compensation from his third party supplier, namely the accommodation owners.

15.1 The other party to the contract is liable to the consumer for the proper performance of the obligations under the contract irrespective of whether such obligations are to be performed by that other party or by other suppliers of services but this shall not affect any remedy or right of action which that other party may have against those other suppliers of services.

15.2 The other party to the contract is liable to the consumer for any damage caused to him by the failure to perform the contract or the improper performance of the contract unless the failure or the improper performance is due neither to any fault of that other party nor to that of another supplier of services because (a) the failures which occur in the performance of the contract are attributable to the consumer (b) the failures are attributable to a third party unconnected with the provisions of services contracted for and are unforeseeable or unavoidable or (c) such failures are due to (i) unusual and unforeseeable circumstances beyond the control of the party by whom this exception is pleaded, the consequences of which could not have been avoided even if all due care had been exercised or (ii) an event which the other party to the contract or the supplier of services even with all due care could not foresee or forestall.

15.3 "in the case of damage arising from the non-performance or the improper performance of the services involved in the package the contract may provide for compensation to be limited in accordance with the International Conventions which govern such services. "

On the facts as presented there may be a case on Regulation 15 the other party to the contract i.e. the Tour Operator is responsible for his 3rd party suppliers actions, but there maybe a defense under regulation 15.2 C Unusual and unforeseeable circumstances beyond the control of the party by whom this exception is pleaded the consequences of which could not have been avoided even if all due care had be exercised.

For example, if the person who perpetrated the attack - if he had been thoroughly vetted and references checked by his employers and had no history of sexually deviant behaviour and this was a first incident then the hotelier may have a defense under Regulation 15.2. On the other hand if this man had behaved like this on many previous occasions and had a criminal record and was acting in the course of his employment then his employers (the hotelier) would be vicariously liable and under Regulation 15.1 A claim may exist as there may be liability against the Tour Operator.