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Package Holiday Claims
If you or a loved one have suffered an injury or become ill during a package holiday abroad, you are entitled to claim compensation from the tour operator if it was caused by somebody else’s negligence. Our team of expert solicitors can help you to make a successful holiday compensation claim for the pain and suffering you have been through.
We have a great deal of experience in helping individuals and families to make a holiday claim when they have been injured or become unwell on a package holiday through no fault of their own - and we can help you if you have experienced something similar.
Making a Package Holiday Claim
If you have an accident during a package holiday abroad, you can make a claim for holiday compensation from the tour operator through the Courts of England or Wales, rather than going up against the hotel you stayed at, or the flight provider.
Package holiday legislation was created to give protection to those people who suffer an injury on holiday but have difficulty in pursuing a claim for compensation in the country in which the accident happened. The regulations state that a package deal consists of at least two of the three following activities booked together:
- An excursion or any other significant activity
From 1st July 2018, the definition of a package holiday was expanded to provide additional consumer protection, meaning agents who organise and put together a package for a customer will be responsible for the services included within the package.
For example, under the new regulations, the definition includes holidays:
- Where the seller has used the term “package” or a similar word
- Where the seller offers a total price for different services
- Where the holidaymaker has bought separate services from separate providers through linked online booking systems
What To Do if You Have an Accident Abroad
If you or a family member are injured on holiday, you need to act quickly to ease the difficulties involved with making a claim at a later date.
Initially, you should ensure the person who has been injured receives the correct medical attention and therefore the best chance of recovery. Once this is arranged, the next thing to do is to make sure you properly report and record the incident.
Speak to the package organiser’s representative about what has happened, or the tour operator’s head office in the UK, as well as the management of the hotel where you are staying.
It is important to keep a record of as much information as possible, as this could help you make a claim further down the line. Where possible, try to do the following:
- Request a copy of your medical report
- Keep receipts of any medical charges
- Request a copy of the doctor’s report
- Photograph your injuries
- Take note of the address of where the incident took place
- Note the names and addresses of any witnesses
What is a Package Holiday?
A package holiday falls under two separate definitions, depending on when it was booked. Those booked before 1st July 2018 are defined by The Package Travel, Package Holidays and Package Tour Regulations 1992, or by The Package Travel and Linked Travel Arrangements Regulations 2018 if booked after 1st July 2018.
If you booked your holiday before 1st July 2018, a package holiday is defined as follows:
- The holiday must cover a period of at least 24 hours, or involve overnight accommodation
- The holiday must consist of a combination of at least two of the following components:
- Transport - such as flights, trains and ferries. This does not include free transfers from the airport to the hotel
- Accommodation - this should be significant and would encompass a berth on a cruise ship but not a cross-channel ferry
- Other tourist services - such as car hire
- The holiday must be sold at an inclusive price
If you booked your holiday on or after 1st July 2018, a package holiday is defined differently. The new rules acknowledge that a package holiday can come in many forms and be sold in different ways - including a ready-made package to tailor-made trips. They will all have the same level of protection.
- A package holiday must cover a period of at least 24 hours, or involve overnight accommodation - and is a combination of at least two different types of travel services, such as:
- Transport (such as a flight, coach or train, but not transfers from the airport)
- Accommodation (such as a villa, hotel or apartment)
- Car rental
- A tourist service (such as a tour guide or trip to a historical attraction) where this is a significant part of the holiday
What Does a Tour Operator Do?
A tour operator is a company that specialises in creating and offering package holidays and travel activities to customers. This type of holiday is usually booked directly on the internet, or through travel agencies. Tour operators include companies such as:
- TUI (Thomson)
- Thomas Cook
- First Choice
Usually, the tour operator will organise the tour and travel aspects of the holiday. For example, a transfer between the airport and the hotel for both the arrival and return journeys. Additional activities could include a day trip to a popular attraction.
Tour operators compile holiday destination packages by purchasing individual components in bulk, including airline tickets, hotel rooms, and restaurant plans, which are then sold for a profit by combining them into one offering.
This differs from a travel agent, who acts as a middle ground between the tour operator and the customer. Once a holiday booking has been made and paid for, holidaymakers are in the hands of the tour operator.
What are the Common Reasons for Package Holiday Claims?
Common reasons for a claim to be brought against a tour operator include:
- Injuries suffered at a hotel
- Injuries suffered on an organised excursion or activity
- Illness caused by hotel staff negligence or unclean rooms and facilities
- Illness caused by poorly-prepared food in the hotel’s restaurant
- Costs incurred for accommodation and food as a result of long flight delays
The solicitors at YouClaim can investigate whether your tour operator was at fault and will advise on the best action to take.
How JMW Can Help
The personal injury specialists at JMW have dealt with many cases involving package holidays, which means we are highly skilled in handling this aspect of the law. We offer legal advice of the highest quality, and do our utmost to put our clients first. We aggressively pursue defendants and strive to maximise your settlement to ensure you get the full amount you deserve.
We adopt a no win, no fee approach, which means we can protect you from legal costs in the event that your case is successful. There is no financial risk to you when making a claim.
Talk to Us
If you have been injured or become unwell while on a package holiday, make a claim for compensation today with JMW. Get in touch with us today by calling 0800 054 6570 or by completing an online enquiry form and we will get back to you as soon as possible.