Package holidays continue to be a hugely popular and relatively inexpensive way to relax in the sun and enjoy the company of friends or loved ones.
The continued growth of the “all-inclusive” package holiday also reflects the many holidaymakers who seek to combine their holidays with family time and relaxation with a sense of wellbeing and new experiences.
It’s not surprising that going abroad on the annual holiday remains an important event in the family calendar. Around a half of British people who holiday abroad now book a package, according to travel industry experts. The numbers fall to around a third for older age groups.
The rise in package holidays abroad, which offer a wider range of activities and places to visit, is all part of the excitement and pleasure of going exploring on holiday but with additional security and benefits.
Holiday accidents abroad can take place anywhere and at any time.
But under Regulation 2(1) of the Package Travel Regulations 1992, hotel owners and tour operators have a ‘duty of care’ towards the health and safety of you, your family and anyone else in your party.
This means that if your holiday contract falls within the definition, you'll benefit from the Regulations, according to additional terms implied in the contract.
If you suffer an accident whilst abroad on a package holiday it’s important that you know where your entitled to claim and ensure those who owe you a duty of care are held to account.
Your Legal Friend has 30 years experience and specialist knowledge in all aspects of international personal injury law. We provide you with all the expert guidance you will need to help you help you succeed in making your claim against a UK tour operator.
What is the definition of a Package Holiday?
You may be prevented from making a claim for an accident, which occurred on a holiday abroad if the package you book does not fall within the meaning of the Package Travel Regulations 1992.
Under Regulation 2(1) of the Package Travel Regulations 1992, hotel owners and tour operators have a ‘duty of care’ towards the health and safety of you, your family and anyone else in your party.
Regulation 2(1) of the Package Travel Regulations 1992 states that a package provides for the pre-arranged combination of at least two of the following components:
The definition also includes a wide range of travel arrangements, including:
When accommodation and the flights are separate on a package
Package holidays could also include holidays where the accommodation and the flights are provided by two different suppliers, but organised or put together by a separate third party agent.
A holiday will not necessarily be a package if:
Holidays which may not be packages can be described as:
Exactly where is my holiday tour organiser liable if I have an accident?
It’s important to know a key difference in liability – depending on exactly where you have an accident or suffer an injury, such as a slip, trip or fall while on holiday abroad.
Your holiday organiser can also be held responsible when an accident takes place either:
Your package holiday organiser is unlikely to be held responsible:
Your holiday organise is also not liable:
Legal protection with a package holiday
A key legal benefit of a booking package holiday, which covers a period of more than 24 hours or includes overnight accommodation – is your entitlement to extensive legal protection on all parts included in your holiday, such as a pre-booked excursion.
The Regulations may allow you to bring a claim against your tour operator in this country as opposed to pursuing a claim in the country where the accident occurred.
What do I do if I have an accident while on a package holiday?
As with any accident or injury abroad, it is essential that you report what has happened.
Firstly, speak to your holiday rep/ tour organiser or contact their offices to also let them know.
You must also make a note of the key details by:
Making a claim – what you need to know
Claiming damages for a package holiday usually comes under four categories, which in most cases is awarded in a total amount:
Loss of value - the difference between the value of the holiday you paid for and the one you actually received.
Out-of-pocket expenses - any reasonable expenses you incurred as a result of the breach of contract.
Loss of enjoyment - compensation for the disappointment and distress caused by things going wrong.
Personal injury - compensation for any personal injury incurred abroad, which requires specialist legal advice.
Your Legal Friend has 30 years experience and in-depth knowledge in all aspects of international personal injury law.
We specialise in helping all those who have suffered from a holiday accident while abroad through no fault of their own and wish to claim compensation against a UK tour operator.
We can help you to claim back any additional expenses you have incurred as a result of your accident, such as:
Throughout your claim, Your Legal Friend will help you every step of the way.
Talk to us today
For an informal, confidential chat with one of our specialist personal injury solicitors... Call us now on 0808 301 7535 (calls free from landlines and mobiles). Or just complete the 'Start a new claim’ option on the right and we'll call you straight back.