Injured or ill on a holiday from hell?
As the Holiday season draws to a close we often see a rise in people asking what can be done if they have been hurt or have suffered an illness out of the UK through no fault of their own, ruining a well-earned break and potentially you’re day to day life on your return home. Will it be a nightmare trying to find help pursuing a claim?
The starting point for any Holiday Compensation Claims is to consider if the claim can be made in the UK courts and it may well depend on how you booked your holiday.
The Package Tour regulations allows Holiday Compensation Claims to be made against travel agents and tour operators for various types of illness or accidents under UK law, if it is possible to prove negligence or a breach of contract. A holidaymaker needs to have booked a package tour for the regulations to apply which means combination of at least two components for example accommodation and transport are booked together. If it is possible to show this a claim can be brought in the UK courts and the Package Tour regulations apply.
The law that applies in terms of matters such as health and safety will be the law of the country where the accident happened so standards may not be as high as the UK. For food poisoning illnesses, most hoteliers generally accept international food hygiene standards. However, it needs to be considered that tour operators select and control the quality of accommodation and services offered and may have a contractual obligation to select only hotels and suppliers where standards of safety and food hygiene are reasonable.
If you did not book through a package tour operator but instead went online and shopped around for the best deals on flights and accommodation, it is still possible to bring a claim if the company is domiciled in the UK. If the holiday was not a package holiday or booked with UK tour operators it will be necessary to find a solicitor who can advise on the countries laws that apply.
Finally remember time limits for commencing personal injury claims in the courts under UK law is generally 3 years but if your accident happened at sea or in the air the time limit is 2 years so don’t delay in starting your claim.Request a Callback
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