A court has held that a woman who broke a toe while on holiday will have to seek damages before an arbitrator because she had signed a holiday booking form containing an arbitration clause.
Ms Ann O'Connor and her daughter, Rachael, of Mary field Crescent, Artane, Dublin, and Mr Raymond O'Hara, of Ardlea Road, Artane, had brought a "bad holiday" claim in Dublin Circuit Civil Court for up to £30,000 damages each. Mr Michael Dreelan, counsel for Falcon Holidays and Budget Travel, succeeded in having the proceedings stopped on the grounds that the three were bound by the arbitration clause.