PARTICULARS OF CLAIM - HOLIDAY CASE

Transcription

1 Client Ref. No. PARTICULARS OF CLAIM - HOLIDAY CASE 2001 Please use the Notes for Guidance when completing this form. IN THE Claim No. Note 1. Note 2. Note 3. Between Claimant AND Defendant Note By an agreement evidenced in writing by documentation to which reference will be made at the trial hereof, the Defendant agreed to supply to the Claimant(s) Note 5. a package holiday at for a period of commencing on the day of 20 for a price of which was duly paid. Note The Claimant(s) was/were at all material times accommodated at 3. There were express and/or implied terms of the holiday Contract by reason of the ABTA Code of Conduct for Tour Operators and/or by reason of the Defendant's Fair Trading Charter to the effect that the Defendant in the event of personal injury and accident would accept liability for the negligent acts and omissions of itself, its servants, agents and its suppliers and sub-contractors. 1 [P.T.O

2 4. Further or in the alternative, the Defendant warranted that the holiday would be as described in the Defendant's holiday brochure and would impliedly be to a reasonable standard, and there were implied terms that the supplier of services at the said accommodation would exercise reasonable care and skill in providing the accommodation and ancillary services and that they would be to a standard consistent with the price and/or the description in the Defendant's brochure. 5. Furthermore the Package Travel, Package Holidays and Package Tours Regulations 1992 and in particular Regulation 15 thereof applied to the said holiday contract whereby the Defendant is rendered liable for the proper performance of the said contract irrespective of whether the services comprising the holiday were to be supplied by the Defendant or by its agents, sub-contractors or suppliers. 6. In breach of the holiday contract the Defendant failed to provide accommodation and/or services that was/were of a reasonable standard. Particulars Note 7. 2

3 CLAIM FOR PERSONAL INJURIES Note Note 9. Particulars of Injuries Note 10. Particulars of Special Damages (Past and Future Expenses and Losses) And the Claimant seeks: (i) damages: (ii) interest pursuant to section 69 of the County Courts Act STATEMENT OF TRUTH Note 11. [I believe][the Claimant] believes that the facts stated in these particulars of claim are true. Signed (i) Claimant. (ii) Legal representative of Claimant(s). Dated this day of 20 3 [P.T.O

4 Client Ref No. CONTINUATION SHEET This page is to be used whenever paragraph(s) within the main form need to be expanded upon. Please indicate by their respective number, which paragraph(s) are being added to. Form No and Title: Spa Road, London SE16 3QQ Consumer Protection - Form 4 (Holiday Case)

5 These notes are copyright and may not be reproduced Notes for guidance for completion of the Particulars of Claim HOLIDAY CASE General - It is important that these notes are read thoroughly and that the guidance given to assist in completion of the Particulars of Claim is followed carefully. Note 1 - Insert the name of the Court in which it is proposed to issue the claim. Note 2 - The claim number should be left blank since this will be provided by the Court in which the claim is issued. Note 3 - Insert the name of the Claimant. The Claimant should be the person who booked the holiday, or more correctly, who entered into the holiday contract. Such person (often an adult booking on behalf of a family) would then pursue the claim on behalf of all other members of the family. Where the Claimants are not all members of the same family, it would probably be preferable for Claimants to be named individually as First Claimant, Second Claimant, Third Claimant etc., especially if each individual Claimant paid for his or her own share of the holiday. Note 4 - Insert the name of the Defendant. This will normally be the tour operator, i.e. the person or company who organises package holidays and sells them or offers them for sale (usually through a holiday brochure) whether directly or through a retailer. Note 5 - Insert the details of the holiday, i.e. the holiday destination, the duration of the holiday and the price. Note 6 - State with as much accuracy as possible the address of the holiday accommodation. Note 7 - Set out particulars of the way or ways in which the Defendant failed to provide what was reasonably to be expected under the holiday contract. These particulars should be set out as comprehensively as possible since in essence they constitute the matters about which legal redress is sought. Use the continuation sheet if insufficient room is available. Note 8 - This paragraph is to be used only if there is a personal injury claim by one or more of the Claimants. Set out fully the circumstances in which the accident(s) happened and (if not already set out in the paragraph above) state why it is that the Defendant is to blame for the injuries sustained. Note 9 - Give brief particulars of the injuries sustained and give details of the doctor who compiled the medical report and the date on which it was compiled. Note 10 - Set out here any special damages claim, i.e. past and/or future monetary losses. Consider for example: alternative accommodation; extra travel expenses; meals out due to poor hygine or catering standards; taxis or alternative transport; cost of child or baby sitting; car hire to mitigate poor location; sports equipment hire in absence of free or safe provision; telephone charges; clothing cleaning; cleaning materials for poor accommodation; medication and costs of of medical care, etc. Note 11 - The Statement of Truth must be signed in every case either by the Claimant or his or her legal representative. If the Statement of Truth is signed by more than one Claimant, then it should be indicated after the signature if it is the First Claimant, Second Claimant etc. N.B. - Please note, if there is insufficient room in any particular paragraph of the Particulars of Claim to write what is required, then simply put the words "see continuation sheet" and then complete what is required on the continuation sheet which is provided at the end of the Particulars of Claim. On the continuation sheet would first be written, for example, "particulars of special damages continued" or "paragraph 6 continued" as the case may be. 1

6 Guidance on How to Issue the Claim in a County Court A Claim can be issued (started) in any County Court in England and Wales. Addresses and phone numbers can be found in the telephone book under the heading of Courts. Starting a Claim is very simple and form N1 (the Claim Form) is available from Oyez and from any County Court Office and it is straightforward to complete. The Particulars of Claim will then be attached to the Claim form. Although Form N1 is easy to complete, the County Court Office will always give help if required. The Court will require a fee to issue the Claim and the fee will depend upon the amount being claimed. In some circumstances there may be no fee to pay. Details of fees are again available at the County Court Office. After the Claim is issued, the Court will then send a copy of it to the Defendant together with a Response Pack. The Response Pack contains the forms which the Defendant can use to reply to the Claim. The Response Pack contains an admission form, a Defence form, and an acknowledgement of service. The Court sends these forms with the Claim form and Particulars of Claim to the Defendant by first class post Spa Road, London SE16 3QQ Consumer Protection - (Form 4 Notes) (Holiday Case)