Study holiday, the intermediary is also liable for the accident

The Supreme Court of Cassation (Order No. 34056/2025) made it clear that when something goes wrong during a study holiday abroad, it is crucial to understand who is really responsible for the trip and not to stop at formulas in contracts.

The case concerned a minor boy who, during a study stay in England, had injured himself in the host structure. The family had claimed damages from the Italian company that had sold and managed the stay. The judges of first and second instance, however, had rejected the claim, arguing that it was an 'intermediary', with no direct responsibility for what had happened.

The Supreme Court did not agree with this conclusion. According to the judges, it is not enough to state that a company is an intermediary to exclude its liability: it must be explained why it is, by carefully analysing the content of the contract and the concrete behaviour of the parties. In the case at hand, the registration form indicated the Italian company as the main referent of the relationship, without mentioning other organisers of the holiday. The cost of the holiday had been paid entirely to that same company. Elements that, according to the Court, should have led the judges of merit to verify whether the operator had in fact organised the trip in person, also assuming the duties of assistance and protection of the minor participant.

The decision recalls an important, but often unclear distinction for consumers: those who organise a trip are liable for problems that may occur during the stay, while those who merely act as intermediaries are, as a rule, not responsible for what happens once they leave. However, this distinction depends not only on the name used in the contract, but on how the service is actually presented and managed. The ruling is important because it strengthens the protection of consumers and families: those who sell and manage a learning holiday cannot shirk their responsibilities without a concrete and transparent assessment of their actual role.