Package Holiday Claims
If you or a loved one have suffered an injury 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.
Our solicitors have a great deal of experience in helping individuals and families to make a holiday claim when they have been injured on a package holiday through no fault of their own - and we can help you if you have experienced something similar.
How JMW Can Help
The personal injury specialists at JMW have dealt with many claims 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. Our solicitors 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 unsuccessful. There is no financial risk to you when making a claim.
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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
If you're unsure whether your circumstances qualify for you to make a claim, get in touch with our expert solicitors and they will provide the legal advice you need.
What Types of Issues Can Lead to a Package Holiday Claim?
Package holiday claims can be made for various types of personal injuries sustained during trips. Here are some typical issues that may lead to a claim:
- Slips, trips and falls within the hotel premises
- Injuries from faulty equipment or furniture in your accommodation
- Accidents in a swimming pool or other hotel facilities
- Injuries sustained during an organised excursion or activity that's part of your package holiday
- Transport-related injuries, such as those occurring during coach or shuttle services provided as part of the package
It's important to note that a key element in any package holiday compensation claim is to demonstrate that the injury was caused by someone else's negligence or breach of duty - usually, the tour operator or their agents.
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 your solicitor can rely on this information to 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 Steps Should I Take If I Believe I Have a Valid Package Holiday Claim?
If you believe you have a valid package holiday claim, taking swift and accurate action can significantly impact the success of your case. After you've sought medical attention, speak to an expert package holiday claims solicitor - such as those at JMW. Our team can help you to understand whether you are able to claim compensation by assessing your situation.
If you decide to make a claim with us, we'll guide you through the entire process of doing so under a no win, no fee agreement.
What Kind of Compensation Can I Expect from a Successful Package Holiday Claim?
The amount of compensation you can expect from a successful package holiday claim varies greatly depending on the severity of your injuries, the circumstances surrounding your case, and any financial losses you've incurred as a result.
Compensation is typically broken down into two main categories:
- General damages cover the pain and suffering you've experienced due to your injury. It's calculated based on the type of injury, its severity and the long-term implications it may have on your life.
- Special damages include any financial losses you've incurred due to your injury, such as medical bills, transport costs for medical treatment and even loss of earnings if you've had to take time off work.
At JMW, we strive to maximise your settlement by meticulously preparing your case, including gathering all the necessary evidence and negotiating with the defendant. Our goal is to ensure you receive the full amount you deserve, compensating you for both your physical and emotional suffering, as well as any financial losses.
How Long Do I Have to Make a Package Holiday Claim?
The time limit for making a personal injury claim for an incident is generally three years from the date of the accident. However, this varies depending on the applicable law, and whether you can pursue the tour operator or have to rely on a foreign application law. It's vital to act as quickly as possible, not only to fit within the legal time frames but also to collect evidence while it's fresh.
In some cases, there are exceptions to the time limit:
- Under English law, claims made for children can be brought at any time before the child turns 18. After this, they have until the age of 21 to make their own claim.
- If you are making a claim for someone who lacks the mental capacity to do so for themselves, the time limit may not apply.
To be certain about the time limit applicable to your specific case, consult with our expert package holiday claims solicitors. We can provide tailored advice, ensuring you don’t miss the window for making a claim.
How Long Does the Package Holiday Claims Process Typically Take?
The duration of the package holiday claims process is difficult to pinpoint precisely, as it can be influenced by a range of factors, such as the complexity of your case, the availability of evidence and the response from the tour operator. Some claims may be resolved relatively quickly, within a few months, while others could take longer. Court proceedings can have an impact on this, but they are rare for personal injury claims.
Due to the variable nature of the legal process, it's challenging to offer a one-size-fits-all timeframe for how long your package holiday claim may take. The best way to get a clearer understanding of what you can expect is to consult directly with our specialist solicitors at JMW.
FAQs About Package Holiday Compensation Claims
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 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:
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)
- Jet 2
- On the Beach
- Love Holidays
- 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.