At this time of year, many people are booking package holidays to travel abroad, such as an “all inclusive” hotel stay. ABTA defines a package holiday as the purchase of two or more travel services together, such as accommodation and flights, which must cover a period of 24 hours or involve overnight accommodation.

Recent studies indicate approximately 4.4 million people sustained injuries on trips abroad in the past three years. So, can you claim for an accident on holiday? The answer is yes, if you booked a package holiday with a UK tour operator. Our expert solicitors have successfully claimed compensation for clients who have been injured abroad when:

• Slipping or tripping inside the hotel, and hotel grounds,
• Diving into a swimming pool with no depth markings in/around the pool,
• Walking into unmarked glass doors or windows,
• Swimming into glass edging in an infinity pool,
• Faulty equipment e.g. balcony railings or a shower door,
• On an excursion that was booked through the tour operator,
• On a boat trip.

Pursuant to Regulation 15(2) of The Package Travel and Linked Travel Arrangements Regulations 2018, the package organiser “is liable to the traveller for the performance of the travel services included in the package travel contract, irrespective of whether those services are to be performed by the organiser or by other travel service providers”. There is an implied term of the holiday contract that accommodation, services and facilities provided as part of the package holiday would comply with local regulations and standards applicable in that country at that time. Accordingly, if the services or facilities fall below the local standard and you are injured as a result, you can bring a civil claim for compensation against the UK Tour Operator on the basis the terms of the package travel contract have been breached.

If the tour operator is based in the UK, you usually have three-years from the date of injury to pursue a claim against them, unless injury occurred on a cruise ship at sea whereby you have two-years. Other exceptions may apply, such as for children, so it is prudent to get prompt legal advice to ensure you are aware of any time limitations.

If you have been injured on a package holiday in the UK or abroad, suffered injury on the plane or injury at the airport, or injury on a boat, or injury due to any other circumstances, please contact our holiday injury experts who will be happy to assess your potential claim and advise you further.

Next Steps: Get in touch

If you would like to discuss your Personal Injury matter then please don’t hesitate to reach out to our team of legal experts at John Hodge Solicitors, conveniently located throughout the South West, with offices in Bridgwater, Bristol, Clevedon, Wedmore, Weston-super-Mare and Yatton.

You can contact us either:

• by email
• via our website
• by calling us on 0800 097 8611