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Your guide to accidents on pre-booked excursions

Accidents on pre-booked excursions

The demand for more flexible holidays abroad, which offer a wider range of activities and places to visit has steadily grown in recent years.

An increasing number of British holidaymakers choose several sight-seeing tours and excursions with the aim of making the most of their annual vacation.

It’s also part of the excitement and pleasure of going exploring on holiday. Unfortunately, holiday accidents abroad can take place anywhere at any time -  instantly taking all the pleasure out of a holiday excursion if you suffer an injury caused by a slip, trip or fall, or a more serious accident.

Your holiday organiser can be held responsible if you suffered an injury caused by an accident through no fault of your own, which occurred anywhere on hotel property.

But who is responsible if you suffer one of the many common types of holiday injuries, such as a slip, trip or fall while on a pre-booked excursion?

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.

Stats

  • The number of British holidaymakers travelling abroad has risen by 5 per cent over the last twelve months.          (Office Of National Statistics 2014)
  • British holidaymakers travelling abroad have made an estimated 50 million visits in 2014.          (Association of British Travel Agents - ABTA, 2014)

Exactly when 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 from a slip, trip or fall while on holiday abroad.

You may not be able to make a claim for an accident, which occurred on holiday if the package you book does not fall within the meaning of the Package Travel Regulations. 

Your  holiday organiser can also be held responsible when an accident takes place either:

  • On a pre-booked excursion bought in the UK
  • During a holiday service provided as part of your package bought in the UK.

If you are harmed whilst using any facilities promoted or controlled by your tour operator as part of your package, you could have grounds to enter a claim for compensation.

Your holiday organiser is unlikely to be held responsible:

  • If your accident occurred during an excursion booked at the hotel or resort, which was not included in your pre-booked package bought in the UK.
  • If an accident occurred away from your hotel – unless it was during an excursion you bought in the UK as part of your package.

Your holiday organiser is also not liable:

  • If you tripped on a badly maintained pavement in the local town centre.
  • If an accident was your fault, i.e. you broke the safety rules.

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.

Package Travel Regulations 1992

You may not be able to make a claim for an accident, which occurred on holiday 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:

  • Transport
  • Accommodation
  • Other tourist services not additional to transport or accommodation, and accounts for a significant proportion of the package

Amusement / Theme Parks

A family excursion to an Amusement park, Theme Park  or Water park is a popular destination while on holiday. Recently, a number of tragic accidents have been reported and it is strongly  advised to always book a visit through your tour operator, and check to ensure your travel insurance does not exclude this type of holiday activity.

What do I do if I have an accident whilst on a pre-booked excursion?

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:

  • Taking photos – and record the date and time the photographs were taken
  • Taking details of any witnesses - keep a note of  names, addresses and email addresses so you can contact them should you need their help.
  • Keeping all of your booking documents -  such as tickets and receipts.
  • Keeping receipts for any costs incurred -  as a result of the accident i.e. medical fees, taxis, prescriptions. 
  • Arranging a medical examination - with your GP/ local surgery when you return home.
  • Seeking legal advice - on return from your holiday.

Making a claim – what you need to know

Building your case and making a claim requires the in-depth knowledge of a specialist solicitor.

Your Legal Friend has 30 years experience and 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:

  • Any medical expenses you had to meet whilst on holiday
  • Time taken off work on your return from holiday
  • Missing out on taking part in any holiday activities because of your injury

Throughout your claim, Your Legal Friend will help you every step of the way.

  • Specialist team of accidents abroad solicitors
  • A wealth of knowledge and expertise
  • Advice, support and guidance throughout your claim
  • No upfront fees or payments
  • Over 30 years of experience in personal injury compensation

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.