Have you ever dreamed about going on the perfect package holiday abroad and finally making it come true, only to see it end in disaster due to an accident that wasn’t your fault?
When your ideal vacation turns into a nightmare because you suffered an injury in an accident that wasn’t your fault on a package holiday, you could have grounds for bringing a package holiday claim against the tour operator.
Whether you’ve suffered a slip and fall at your hotel, got food poisoning from the hotel’s restaurant or been injured in a road accident whilst taking a sightseeing coach trip, Mooneerams experienced team of holiday accident compensation solicitors are only a phone call away on 029 2048 3615.
What is a Package Holiday Claim?
Definition of a package holiday
- The Package Travel and Linked Travel Arrangements Regulations 2018 (Package Travel Regulations 2) set out the legal definitions of a package holiday. They also contain the law that enables you to make a package holiday injury claim.
- A package holiday could be a beach holiday, a city break, or a winter ski trip. It could even be a backpacking trip. To be classified as a package holiday and bring a package holiday claim, you must have bought at least two travel services simultaneously at an inclusive price.
- The package holiday must last at least 24 hours or involve overnight accommodation.
- A package holiday includes a combination of at least two of the following:
- Transport (by flight, coach, rail or boat),
- Accommodation (in a hotel, apartment or villa),
- Other tourist services (trips, tours, or sporting activities, such as skiing).
- The components are sold together, often at a single price.
- It’s important to note it still counts as a package holiday even if your travel agent allows you to choose separate services from different providers through a linked online booking system.
- A cruise ship holiday is a package holiday, and if your claim is for an accident on a cruise ship, you have added protection in the form of the Athens Convention.
Working out whether you went on a package holiday or not can be more complex than it sounds. For that reason, if you suffered an injury in an accident while on holiday or developed food poisoning from food eaten at your holiday hotel, call the legal experts at Mooneerams Solicitors for a no-obligation chat with one of our personal injury team on 029 2048 3615.
What are the most common types of accidents that result in Package Holiday Injury claims?
Package holiday claims cover a wide range of accidents and injuries that may occur during your trip. Some common types of accidents that may lead to a claim include:
- Slips and trips due to wet floors, uneven surfaces, or poor lighting at the hotel or during an excursion
- Swimming pool accidents caused by poor maintenance, a lack of safety measures and/or inadequate supervision
- Food poisoning from hotel restaurants or buffets due to food that’s ‘gone off’, poor food preparation, a lack of hygiene or improper food handling
- Accidents that occur whilst on guided tours and are due to the negligence of the tour guide company
- Transport accidents, such as those involving shuttle buses or transfers
- Injuries from defective furniture or equipment in hotel rooms
- Injuries caused by bedbugs
- Accidents or illnesses caused by staying in poorly maintained hotels or apartments
- Accidents at tourist attractions, including theme parks or water parks
- Water sports or boating accidents due to faulty equipment or insufficient training by the organisers.
To have a chance of making a successful claim, the accident or illness you suffered must have been due to the negligence of your tour operator or one of the providers of the other services that made up your package.
Your tour operator owes you a duty of care to keep you safe, so even if your injury was the fault of the hotel management or the provider of another service included in the package tour, you can claim against your tour company under the Package Travel Regulations, Regulation 2.
What should I do if I have a package holiday accident?
If you are involved in an accident whilst on a package holiday, taking the right action could prove the difference between the success or failure of your package holiday claim.
Get medical attention
Whether you or another member of your family or group suffers injury, you should get your injury (or illness) attended to as quickly as possible. Early treatment can avoid complications, and it documents the initial extent of the injury.
Reporting the incident
Report the accident to the tour operator’s onsite representative, the hotel management (if it was an accident or food poisoning involving the hotel) and, if appropriate (such as in a road traffic collision), the local police.
Ensure your tour representative, the hotel management, or another representative of the relevant service provider makes a record of the incident. Put a report of what happened in writing and email it to the venue where the incident occurred. Doing this creates a trail of information your personal injury solicitor may find useful later.
Evidence Gathering
Collect as much evidence as possible as soon as possible. For instance:
- Take photographs or videos of the accident scene, including pictures of any visible hazards or conditions that may have been responsible for the accident.
- Photograph your injuries.
- Collect names and contact details of any witnesses, whether they are locals or from the UK.
- Write down a detailed account of what happened before, during, and after the accident while the details remain fresh in your memory. Include relevant dates, times, locations, and any relevant weather conditions.
- Keep all receipts for expenses you incur due to the accident, such as medical bills, taxis, cost of alternative accommodation, etc.
Contact your Tour Operator
By now, you’ll know that if you booked a package holiday and sustained an injury at your hotel or resort, the tour operator or UK-based travel agent you booked with may be responsible. In addition to reporting the accident to the onsite tour rep, it’s a good idea to report it to the tour operator’s office while you are still in the holiday location.
Contact them as soon as possible to report the incident. They often have contingency plans to help travellers in emergencies, including when one of their holidaymakers gets injured.
What should I do next?
Now is the time to get some advice from an experienced personal injury solicitor who is also used to dealing with accident injury claims abroad or, more specifically, a package holiday claim solicitor.
The rules relating to package holiday injury claims can be confusing. If you have suffered injury whilst on holiday abroad and want to know whether you have a potential claim and, if so, whether it can be pursued as a package holiday claim, you need some quick advice. That’s where Mooneerams can help.
Mooneerams is a niche firm of personal injury solicitors. We’ve handled many package holiday claims with successful outcomes for our clients.
We aggressively pursue claims against tour operators to get the best compensation settlements for our clients as quickly as possible. What’s more, we handle most package holiday claims on a no win no fee basis, meaning if we don’t win your claim, there’s usually nothing to pay.
For free initial and obligation-free advice, call Mooneerams on 029 2048 3615.
How long do I have to start a holiday package claim?
For accidents on package holidays, the time limit for bringing a claim is usually three years, assuming the tour company is based in the UK. There are exceptions to this general rule in cases involving children under 18 or those with a disability, so it’s always best to ask a solicitor about the specifics of your case, especially in cases where the accident happened abroad.
How much will my package claim compensation be worth?
The type of injuries sustained by people who make package tour claims varies widely from relatively minor soft tissue injuries caused by a slip, trip or fall accident to serious injuries involving life-changing injuries or even fatal accidents.
You can be sure that the personal injury experts at Mooneerams will be able to advise you what your claim is worth once the relevant medical evidence on your claim has been obtained. You can be sure we will settle your claim on the very best terms possible.
For further reading, see: “How much is the average personal injury settlement worth?”
