Avocats Le Havre

A travel agency had sold a cruise to a person. This cruise not accompanied other benefits such astransportation or tours, it can not be described as package holiday within the meaning of Article 2 of Law No. 92-645 of 13 July 1992 on conditions for carrying out the activities relating to the organization and sale of travel or accommodation. Therefore, so is the law n ° 66-420 of 18 June 1966 governing the organization of cruises sea %u200B%u200Bshould apply.

In this case, a passenger fell down stairs during the cruise. The evidence does not allow us to characterize an undeniable fault of the carrier sea %u200B%u200Bor a lack of maintenance of the ship.

In these circumstances, Judge of the Court found that there was a serious challenge to refuse to order the agency to pay an allowance to the passenger.

CA Aix-en-Provence, 1st c., March 7, 2006