Ptaking advantage of the darkness of the night to bathe naked is part of the fantasies of some young people. However, the experiment is not without danger, as Steven Spielberg showed in Jawsand as the following case reminds us.
On August 10, 2014, Mr. and Mr.me X settle down, with their two children, in a four-star hotel on the Turkish coast, for a week’s vacation. Mr. X has, in fact, taken out a package travel contract with Carrefour Voyages, for the sum of 4,000 euros. The contract is executed by the company TUI France (which operates under the trade name of Marmara).
On the night of August 12 to 13, Mher X, 17, suggests that other young people take a midnight bath. Their hotel is indeed by the sea, and ladders attached to its pontoon allow you to descend into the water. Alas, when the young girl borrows one of them, she slips and cuts herself at the level of a tibia – at least that is the explanation she will give to her injury. She was transported to the hospital, where the doctors noted a deep cut with laceration, requiring the laying of six stitches.
On his return to France, Mr. X files a claim with TUI. Assuring that, according to his daughter, there were missing rungs on the ladder, the edge of which was sharp, he claimed compensation. In March 2015, he refused the 1,200 euros offered to him, as “exceptional amicable transaction”TUI denying any responsibility.
Shortly after, Mr.her X, who has come of age, sues Carrefour Voyages, its insurer, Hiscox, as well as TUI, before the Evry High Court. She asks that the agency and Hiscox pay her 3,820 euros for her bodily injury and 5,000 euros for the damage suffered during her vacation period.
His lawyer invokes Article L. 211-16 of the Tourism Code, under which the agency is “fully liable” the proper performance of the services sold, whether performed by itself or by others. He ensures that Carrefour Voyages is responsible for the accident, which would be attributable to the “defective character” of the pontoon ladder. He produces the certificates of two friends of his client, who assure that this scale was “damaged” because“there were steps missing” and “anyone could slip”.
Carrefour and TUI dispute any causal link between the injury and the ladder. They admit that M.her X was injured during the stay in Türkiye, but they wonder about the “exact circumstances” of his accident, for lack of certificates of “direct witnesses”. They further assure that Mher X “provides no evidence” of the faulty scale.
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