Package Holiday Claims: How to claim compensation for an accident whilst on a package holiday overseas or in the UK
Package holiday claims: discover what a package holiday is, the UK law relating to accident compensation for package holiday claims, how to claim compensation even if you book your holiday from another EU country, how to receive free legal help from a specialist solicitor and see answers to frequently asked questions about overseas accident claims.
What is a package holiday?
The definition of package holidays is a little technical, but I think it worthwhile explaining in brief so you can appreciate roughly what elements it is made up of.
A package holiday is a holiday, trip or excursion with:
1. An all inclusive price
It does not matter if each element of the holiday is broken down to show separate prices, so long as one overall price is charged.
2. Which lasts for a period of over 24 hours or includes overnight accommodation
It does not necessarily have to be a holiday abroad, but can include for example a trip to the opera in London with an overnight stay.
3. Which includes a combination of at least two of the following which were arranged prior to the holiday commencing:
Transport can include air, train, coach, sea etc.
This could be any form of accommodation from a 5 star hotel to a youth hostel or campsite.
iii. Other tourist services not related to transport or accommodation
This will include people travelling on holiday, business, on a pilgrimage and could be sight seeing tours, horse riding, activity events etc.
It does not matter if you choose the elements at the travel agents so long as these are normally offered by the travel agent as part of a package holiday – it will still be considered as pre arranged.
What is the law in the UK relating to package holiday claims?
In December 2002 a UK law was passed known as the Package Travel, Package Holidays and Package Tour Regulations 1992, which provides you with protection when purchasing package holidays in the UK.
Click UK citizens abroad package holiday claims to see links relating to accidents abroad including the Package Travel, Package Holidays and Package Tour Regulations 1992
What is the protection you will get if you purchase a package holiday?
The protection you are provided with when you purchase a UK package holiday is a very significant one – the tour operator who arranged your holiday can be considered directly responsible in contract for any problems with your holiday.
A tour operator includes a travel agent if that is who put your package together. The travel agent is considered an agent for the tour operator so in UK law is as good as being the tour operator.
The tour operator’s responsibility includes problems with your flight or any accidents during your holiday or in the hotel.
This is very significant if your holiday is to somewhere abroad as you do not need to consider contacting a foreign company and considering foreign law – instead you can make a claim for compensation against the tour operator under British contract law.
Imagine you had an accident in Barcelona, Spain – the accident was due to a slippery floor in the hotel accommodation which was arranged as part of your package. Spanish law is very different than English law and local safety standards can be far lower in Spain than the England, but such standards are considered totally acceptable in Spain.
Instead of contacting a foreign lawyer and making a personal injury claim against the hotel using Spanish law – you can simply claim against the tour operator in the UK being the business which arranged the accommodation as part of your package holiday.
Do you have protection if you purchased a package holiday from another European Union country?
European Law requires EU countries to put in place laws providing protection to consumers who purchased a package holiday.
Most countries in Europe, with the exception of new member countries, should have laws in place which are similar to that in the UK.
Of course a package holiday purchased in Spain will give you a contractual right to claim against the tour operator in Spain using the Spanish equivalent of the UK Package Holiday Regulations.
TIP If you booked a package holiday outside the UK, but still in a European Union country click British embassies overseas to see how to find an English speaking foreign accident lawyer in the country you suffered your accident in.
Answers to frequently asked questions on overseas accidents and package holiday claims
Click accident abroad to see the answers I have provided to clients who have been injured whilst travelling abroad.
Pacage holiday claims page summary
On this page you have learned all about package holiday claims – what package holidays are, the law that protects UK citizens, the rights you have to claim if you suffer an accident and how to claim if you purchase your package holiday from outside the United Kingdom.
If you have an accident abroad during a trip or holiday which you have organized independently click travel accidents abroad to find out how to make a claim.
If you are in any doubt as to what a package holiday is or whether you have a claim click package holiday claims to make use of my website’s free online legal help including speaking to a specialist package holiday claims solicitor free of charge