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French Court Upholds Travel Agency Liability in Moroccan Desert Accident Case
Tuesday 8 April 2025, by
The Paris Court of Appeal has confirmed the shared liability of a travel agency that sold a Moroccan circuit including a 4x4 excursion in the desert to a traveler. She was injured during this trip.
The court of first instance had established the agency’s 50% liability. In its decision dated March 20, 2025, the Paris Court of Appeal confirms this shared liability, based on the Tourism Code. However, according to international law, in the case of a traffic accident, the law of the place where the accident occurred is applied and in this case, Moroccan law, explains Emmanuelle Llop, founder of the specialized firm Equinoxe Avocats, to TourMAG.
The court of appeal considers that French law applies to this dispute, arguing that the traveler is seeking the liability of the French agency with which she concluded a package tour contract, and not its tortious liability.
"In this dispute, it was demonstrated by the agency, with the help of several certificates (even from its service provider), that the passenger who was participating with full knowledge of the facts in a 4x4 excursion on the Moroccan desert tracks, had not followed the instructions to fasten the seat belt with which her seat was nevertheless equipped," details the expert.
In view of this evidence, the court ends up recognizing a sharing of responsibility between the agency and the traveler, arguing that she deliberately chose not to fasten her seat belt, thus contributing 50% to the damage suffered. Emmanuelle Llop invites travelers to check the authorization or accreditation of the service provider (and its subcontractors), the competence of the participants, the insurance and the information channel before entrusting them with part of the services included in the package tour contract.