LEGAL CORNER
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LEGAL MATTERS CORNER MIRIAM MC GILLICUDDY ANSWERS YOUR LEGAL QUERIES
Tom had booked a luxury holiday to a four star hotel in Lake Garda, Italy while there it lost the tip of one of his fingers on the defective catching mechanism on a sun lounger at the hotel swimming pool. What can he do in relation to the injury he suffered and the ruined holiday? Once he has booked this as a package holiday (which is any holiday where transport, accommodation or other travel/tourist services are booked together from the one provider) the package holiday tour operator with whom he booked may be liable in negligence for any injuries suffered or for up to twice the cost of the holiday back for a defective holiday if no injury had been suffered but the holiday had been a disaster. This allows a tourist to sue in country of origin rather than chasing the hotel in the Italian jurisdiction making it easier to get redress. In relation to local conditions where the accident occurred this may be a factor as the defenders of the claim will be making all sorts of allegations that Tom contributed to the accident. Another novel argument in relation to foreign climates is that standards are lower therefore there is no breach in the standard of care or the contract. However a four star hotel in Lake Garda would have high standards in line with the European Union in relation to the accommodation/food/transport. However one would not expect the same standards in the middle of Antartica. Having said all that the package holidays legislation is a huge help for people who either suffer injury on holidays or just have a bad holiday to get a remedy where they have booked with a tour operator. New legislation coming in down the line will also extend this to many people who book a number of elements of their holiday online themselves at or around the same time. Law Quip: Unhelpful Advice given to foreign tourist going abroad for the first time – “It is customary on entering an underground train to shake the hand of every passenger”. If you have a question we would love to hear it please email mirs@gofree.indigo.ie. Miriam McGillycuddy and Sarah Quille Solicitors and Mediators, Derryana, Ballyard, Tralee, County Kerry for all your legal needs Conveyancing, Mortgages, Personal Injuries Claims, Wills and Probate, Family and Child Law, Defence of Claims, Commercial/ Consumer/ Contract law, Insurance Disputes and Immigration Law.
See www.miriammcgillycuddy.com for map to office.
KERRY GRADUATES COMMENCE PRESTIGIOUS ESB THREE-YEAR DEVELOPMENT PROGRAMME • •
ESB CEO Pat O’Doherty, ESB Networks MD Marguerite Sayers and Minister Denis Naughten TD greet four Kerry graduates Graduate recruitment for 2017 is now open: Apply now!
Kerry graduates Peter Murphy (Rathmore), Sinclair Dowey (Tralee), Orla Griffin (Caherslee) and Barry Bambury (Dingle) have commenced a three-year ESB Graduate Development programme this week (photo attached). They form part of a cohort of 76 graduates from Irish third level institutions, spanning fields of engineering, IT, HR, marketing, trading and finance. The Graduate Development Programme is a tailored three year programme which will see these graduates develop both professionally and personally. It forms part of an ambitious drive by ESB to recruit the brightest talent from third level institutions. Graduate recruitment for 2017 is now open (see link to apply below). This year’s graduates will be placed across five business units – ESB International, ESB Networks, Generation and Wholesale Markets, Kerry graduates pictured at their ESB induction this week in the National Concert Hall: Business Services Centre and Electric Ireland – (L to R): Peter Murphy (Rathmore), Sinclair Dowey (Tralee), Managing Director of ESB in the coming years. The graduates hail from Networks (and Tralee native) Marguerite Sayers; Minister Denis Naughten TD; ESB CEO a cross section of Ireland’s universities and Pat O’Doherty; Orla Griffin (Caherslee) and Barry Bambury (Dingle) Institutes of Technology.”
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TRALEE ADVERTISER
Friday 16th September 2016
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