Package Holiday Claims: Compensation From The UK For Injury Whilst On Holiday Overseas
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; claiming for injury whilst not on a package holiday; how to receive free legal help from a specialist solicitor.
Access our online Question and Answer service and see our answers to frequently asked questions concerning overseas accident claims.
- Package Holiday Claims: Compensation From The UK For Injury Whilst On Holiday Overseas
- What is a package holiday claim?
- When is a holiday considered a package holiday?
- Holiday, trip or excursion
- What is the law in the UK relating to package holiday claims?
- What is the protection you will get if you purchase a package holiday?
- Do you have protection for a package holiday purchased in the European Union?
- How can you claim for injury on an overseas trip you organised yourself?
- Free Specialist Solicitor Legal Help
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 from the UK (despite your injury having occurred overseas) against the tour operator who arranged your package holiday.
Be aware – as with other types of personal injury claim, legal fault must be proven for your injury. You can however rely on the higher standards of UK law to prove fault.
When is a holiday considered a package holiday?
The definition of a package holiday is a little technical, but 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 or last for a period over 24 hours if no overnight accommodation is provided.
Watch out – your package holiday does not necessarily have to be a holiday abroad and can 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
To be classed as a package holiday – it must include 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.
Other tourist services
Other tourist services (not related to transport or accommodation) might include: people travelling on holiday, business, on a pilgrimage, sight seeing tours, horse riding, activity events, etc.
Watch out – 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. This 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.
See our UK citizens abroad article for law relating to overseas accidents, 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 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, including a personal injury package holiday 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 so in UK law is as good as being the tour operator.
Tour operator’s responsibilities
The tour operator’s responsibility includes problems with your flight or any accidents during your holiday or in the hotel.
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 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, but such standards are considered totally acceptable in Spain.
Instead of contacting a foreign lawyer and making a package holiday personal injury claim against the hotel using Spanish law – 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?
EU law providing package holiday protection
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 Europe, with the exception of new member countries, should have laws in place which are similar to that in the UK.
Country of 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 outside the UK, but still in a European Union country see our British embassies overseas article for details of how to find an English speaking foreign accident lawyer in the country you suffered your injury in.
How can you claim for injury on an overseas trip you organised yourself?
If you suffer injury in an accident abroad during a trip or holiday which you have organized independently – see our travel accidents overseas article to find out how to make a claim.
In this article you have learned all about package holiday claims. How to claim for personal injury from a UK tour operator (including travel agents), whether your holiday was overseas or in the UK itself. We have detailed what a holiday must include to be considered a package holidays.
We have explained the law that protects UK citizens and how EU countries should have similar protections should a package be bought in another country.
Holiday accident claim online Q&A and FAQ
See our accident abroad article to see the answers we have provided to site visitors who have been injured whilst travelling abroad.
Free Specialist Solicitor Legal Help
Select from our specialist solicitor free online / telephone help options. You can ask an online question, have your claim assessed or discuss direct with our solicitors whether you have a package holiday claim.