Internet law.

Essay by amirah174College, Undergraduate June 2003

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Suncosta Travel

[1] Since Suncosta specialise in extreme sports they would like to limit their liability in event that one of their clients sustains an injury. However Under the Unfair Contract Terms Act of 1977 liability for negligence resulting in death or personal injury cannot be excluded or restricted by contract. This is under section 2(1) of the act.


The first defendant's underwriters were not liable to pay damages for injuries caused to the second defendant as a result of a Jet Ski collision between the parties. The exclusion of injury caused by a jet ski would have been understood by any reasonable insured person that taken the trouble to read the policy and was unaffected by the unfair terms in consumer contract regulation 1994.

However they exclude or restrict liability for other loss or damage resulting from negligence only if the exclusion clause satisfies the test of reasonableness.

Which is also said in the Unfair contract Terms Act of 1977.

In the Package Travel Regulations 1992 it is also said in part 15(3) and (4) that you cannot limit your liability limit for death or personal injury. However you can limit liability for other loss or damage resulting from the non-performance or improper performance of the services involved in the package provided that limitation is not unreasonable. For example in the case of BALRAM SINGH v LIBRA HOLIDAYS LTD (2003)2. A holidaymaker who was severely injured when he dived into the shallow end of a hotel swimming pool whilst under the influence of alcohol failed to establish that the tour operator was responsible for the accident since it was due to negligence of the holiday maker since there were warning signs...