Travel experts have warned of the potentially devastating consequences for the industry if the families of the Tunisian massacre victims are successful in suing Tui.
It follows last week’s pre-inquest hearing into the deaths of the 30 British tourists who were killed in the terror attack in Sousse last June, which saw a representative of the relatives reportedly state there were “likely to be civil claims” in the future.
The hearing at the Royal Courts of Justice heard that the families were troubled by the lack of warning given to the victims about the likelihood of a terrorist incident in Tunisia.
It was also reported the families want the coroner to demand new measures such as a “traffic light system”, which would be used in holiday brochures to highlight the risk of terrorism in destinations around the world.
Andrew Ritchie QC, who is representing 16 families, stated: “They [the families] are very concerned that Tui and the travel industry in England and Wales are still involved in a general practice which puts customers at risk by hiding or ignoring Foreign Office warnings in their brochures and booking forms.”
Allegations were also made that travellers had been discouraged from cancelling potentially dangerous trips due to fears of financial penalties. Tui labelled the allegations “contentious” and insisted they were disputed by the firm.
Experts told TTG they believed the families would be unsuccessful in their bid to sue the travel giant, but admitted the case could still have far-reaching repercussions for the industry. Matt Gatenby, partner at Travlaw, said: “It seems like a non-starter, but clearly they think there’s a case. They’ve got an extremely experienced QC, and they don’t say this kind of thing unless they’re serious."
“If it was successful, it would have significant implications – every holiday and travel firm would have to look carefully at what they are providing... They would be worried about receiving potential similar claims. Would this include places such as London, Paris or Berlin? They are all at risk of terrorism.”
Matt Gatenby, Travlaw
Consultant Andy Cooper, former director of government and external affairs at Thomas Cook, agreed it would be a hard case to prove but conceded it was still concerning.
“Tui is responsible… for their supplier. If [the law firm] can make a case that the hotelier should have done more [to protect their customers] then Tui will be responsible for their failure. It’s a question of law – it’s difficult to make the case, but that’s the argument that they’re going to run with.”
Alan Bowen, legal advisor to the Association of Atol Companies, added: “In the litigation trial if you lose as a tour operator then you’re in deep trouble – it will make you liable for injury and deaths of your clients.”
A spokesperson from Tui UK said: “Tui UK will be contributing fully to the inquest… The safety and security of our customers is of paramount importance to us. Like others, we want to understand the specific circumstances that led to this terrible incident.”
The full coroner’s inquest will be heard on January 16, 2017.