package holiday claims

Package Holiday Claims: Compensation From The UK For Injury Whilst On Holiday Overseas

Discover how you can claim from the UK if your suffer injury whilst on a package holiday.

In this article – we explain both what a package holiday is and the relating to claiing compensation from the UK.

We discuss – how to claim compensation even if you book your holiday from another EU country coupled with how to claim for injury whilst not on a package holiday

Access both our online Q&A service and see answers to FAQ’s concerning overseas accident claims.

In addition, you can receive free legal help both online and by phone from our specialist solicitors.

Table of Contents

What is a package holiday claim?

Should you suffer injury whilst on a package holiday – either in the accommodation, during transport or on an excursion organised as part of the package – you could be able to make a package holiday claim for personal injury compensation. Your claim can be made in the UK despite your accident and injury having occurred overseas.

Your claim will be against the tour operator who arranged your package holiday.

Legal Fault Must Be Proven

As with other types of personal injury claim, legal fault must be proven for your injury.

You can generally rely in part on the higher standards of UK law to prove fault. However, the local safety standards of the country where you accident happened will play a part.

Ingredients to be classed as a package holiday

The definition of a package holiday is a little technical. However, it is important to understand to know whether you can make a package holiday claim.

For a holiday to be considered a package holiday it should include:

Holiday, trip or excursion

A package holiday is a holiday, trip or excursion with:

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.

Lasts for a period of over 24 hours or includes overnight accommodation

A package holiday should include overnight accommodation. However, if no overnight accommodation is provided, it should last for a period over 24 hours.

Does Not Have To Be Abroad

Your package holiday does not necessarily have to be a holiday abroad. It can equally take place in the UK.

For example – a trip to the opera in London with an overnight stay can be construed as a package holiday

Combination of tourist services arranged prior to commencement of your holiday

Prior to your holiday commencing a package holiday must include a combination of at least two of the following:

Transport

Transportation can include – air, train, coach, sea, etc.

Accommodation

This could be any form of accommodation from a 5 star hotel to a youth hostel or campsite.

aircraft package holiday injury claim
Aircraft Package Holiday Injury Claim
Other tourist services

Other tourist services ,that are not related to transport or accommodation, might include:

  1. Travelling on holiday.
  2. Business travel.
  3. A pilgrimage.
  4. Sight seeing tours.
  5. Horse riding activity events, etc.

Normally Offered By The Travel Agent As Part Of The Package

If you choose these other tourist services at the travel agents whilst booking it is clearly part of the package holiday.

However, you do not have to choose all the elements at the travel agents. It may still be construed as pre-arranged.

It is however essential that the activities are normally offered by the travel agent as part of a package holiday.

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.

This law provides you with protection when purchasing package holidays in the UK.

It allows you to claim compensation from the UK for injuries suffered during a package holiday, so long as the holiday was booked from the UK with a tour operator.

Law Relating To Overseas Accidents

See our UK citizens abroad article for the law relating to overseas accidents.

This includes 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 package holiday is a very significant one.

Tour operator can be considered directly liable for a package holiday claim

The tour operator who arranged your holiday can be considered directly responsible in contract for any problems with your holiday. This can include liability for a package holiday injury claim.

Travel agent liability

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. Therefore, in UK law, a travel agent is generally as good as being the tour operator.

Tour operator’s responsibilities

The tour operator’s responsibility includes:

  1. Problems with your flight.
  2. Accident during your package holiday. For example – in the hotel booked as part of the package.

Package holiday claims for overseas injury using British law

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.

Example Of A package Holiday Claim For An Injury In Spain

Imagine you had an accident in Barcelona, Spain.

The accident was due to a wet 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 in England. However, such standards are considered totally acceptable in Spain.

You could contact a foreign lawyer to make a personal injury claim against the hotel using Spanish law. Alternatively, you can simply claim against the tour operator in the UK.

The tour operator is considered the business which arranged the accommodation as part of your package holiday.

Do you have protection for a package holiday purchased in the European Union?

European Law requires EU countries to put in place laws providing protection to consumers who purchased a package holiday.

New Member Country Exceptions

Most countries in the EU should have laws in place which are similar to that in the UK.

However, new EU member countries may be an exception.

Country in which the package holiday purchase

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.

LEGAL TIP

If you booked a package holiday in a European Union country and need a foreign lawyer.

See our British embassies overseas article. We explain how to find an English speaking foreign accident lawyer in EU countries.

How can you claim for injury on an overseas trip you organised yourself?

Our travel accidents overseas article sets out how to make a claim – if you suffer injury in an accident abroad during a trip or holiday which you have organized independently (outside of a package holiday).

SUMMARY

In summary – you have seen how to claim for personal injury from a UK tour operator (including travel agents) for package holiday accidents both overseas and in the UK.

Q&A and FAQ – Holiday accident claims

See our accident abroad article to access answers to accident victims injured whilst travelling abroad.

Select from our specialist solicitor free online / telephone help options.

You can not only ask your own question, but also have your claim assessed and discuss direct with our solicitors whether you have a package holiday claim.

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