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Your guide to Malta holiday compensation

Colourful boats moored in a harbour in Malta

About Malta

The small island of Malta packs a mighty punch in terms of tourism. For holidaymakers, there’s something for everyone – a wonderful climate, sun-kissed beaches, boutique hotels, harbour towns, ancient sights and family-friendly activities for everyone to enjoy. The Maltese calendar is packed with festivals, street parties and events, and the warm welcome you’ll receive from the locals keeps tourists coming back again and again.

Malta holiday hotspots

Most tourists head to Mellieha Bay, the low-key town that sits right on the north coast of the island. The area offers a great coastal view, a beautiful sandy beach and a cluster of small local restaurants and shops. If you’re looking for a holiday that’s on the quieter side, Mellieha Bay is the place.
Malta also has a purpose-built tourist resort in Qawra. Situated on the beautiful St Paul’s Bay, you’ll find luxury hotels all along the coast, as well as all the tourist-related activities you expect to find in a foreign resort.
Just along the coast from Qawra, you’ll find Buggiba. This town is the island’s party central – it’s got contemporary hotels, self-catering apartments, a brand new water park, and the main town square a tourist destination in its own right.

Accidents and illnesses in Malta

It’s clear to see that Malta has plenty to offer tourists looking for a sun-soaked holiday. Unfortunately, a small number of tourists visiting Malta are caught up in dangerous accidents, or experience painful illnesses which ruin their holiday. These victims spend their holiday either trying to recover in a hotel or in a local hospital.  Some can also be faced with enormous medical bills and the prospect of ongoing treatment when they return.

Here are some of the main accidents, illnesses and injuries that you may face if you’re planning to holiday in Malta:

  • Food poisoning and travel bugs

Food poisoning is a real threat from hotel buffets, especially those where food is left out at incorrect temperatures for too long. In small hotels, infections and viruses can spread like wildfire, causing mass outbreaks of food poisoning and other infections. Contaminated water, unclean swimming pools and the presence of parasites can also cause illnesses among tourists in Malta.

  • Trips, slips and falls

Trips and slips can happen anywhere – but when they happen abroad, they’re even more stressful. Most trips are minor accidents, resulting in nothing more than a bruised ego. Unfortunately, some of these incidents are far more serious, leading to broken bones or severe muscle strains. These injuries can take weeks to recover from, leaving many victims facing lost income while they get on their feet.

  • Road accidents

Every year holiday makers in Malta are hospitalised as a result of road accidents. Needless to say, road accidents can be incredibly serious, causing life-changing injuries and leaving some victims severely disabled or unable to work.

  • Excursions, accidents in airports, transfers, coach trips

Most people visiting Malta take advantage of coach trips and excursions on offer –but can end up involved in accidents through no fault of their own.

Accidents can happen even before your holiday starts.  You may have been injured boarding or disembarking a plane, had an item fall on you from an overhead locker, or been injured retrieving your luggage from the carousel or during your transfer to your hotel.  As these are all covered by your package holiday, you could have a valid compensation claim.

What you can claim for

Compensation for accidents and illnesses abroad can only be claimed for package holidays, most of which are covered by the Package Travel Regulations 1992. Under Regulation 2(1), 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 Regulation states that a package must include the pre-arranged combination of at least two of the following components:

  • Transport
  • Accommodation
  • Other tourist services that are additional to transport or accommodation, and which account for a significant proportion of the package.  This can include pre-booked excursions.

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

Your package holiday organiser can be held responsible if you suffered an injury caused by an accident or illness that happened anywhere on hotel property. They can also be held responsible if an accident takes place or your illness is caused either:

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

However, your package holiday organiser is unlikely to be held responsible if:

  • Your accident or illness happened during an excursion booked at the hotel or resort, which was not included in your pre-booked package bought in the UK.
  • An accident happened away from your hotel – unless it was during an excursion you bought in the UK as part of your package.
  • You tripped on a badly maintained pavement in the local town centre.
  • The accident was your fault, i.e. you broke the safety rules
  • Your illness was caused by eating at a local restaurant that was not included as part of your package holiday.

Time limit

The Package Travel Regulations 1992 allow you 3 years to make a claim from the date when the illness or accident occurred.  However if your illness or accident happened on a cruise, this would be governed by the Athens Convention which are a different set of regulations that  only allow 2 years in which to make a claim.

Claiming compensation

If you’ve had a holiday ruined by an accident that wasn’t your fault, or an illness you’ve picked up as a result of someone else’s negligence, Your Legal Friend could help. We’ll support you in making a compensation claim for the pain and stress caused to you while you were abroad, as well as covering additional travel costs and any future medical treatments that might be required throughout your recovery.

First of all, we need to understand what happened to you and why you believe the accident or illness was not your fault. We’ll take statements from you and any witnesses, obtain incident reports, and search for medical reports to get a better idea of what happened, how you were affected, what treatment you were given, and whether you are still suffering from your injury or illness.

Then we’ll launch a thorough investigation, with the aim of identifying who was at fault for your injury or illness. Once we’ve discovered whose negligence caused this, can then assess how likely your claim is to succeed and how much compensation we can secure for you.

If you then agree to go ahead, we’ll send your claim to whoever is responsible for your injuries or illness. They can either accept the claim and seek to negotiate a settlement with you – this is often the preferred choice of many larger firms looking to protect their reputation – or they can reject the claim in which case we take the case to Court. In this instance, we’ll manage the process of preparing your claim to go to Court and support you every step of the way.

Receiving compensation

If your claim is successful, you’ll be awarded compensation. How much you’ll be awarded depends on various criteria:

  • The severity of the injury or illness. A broken bone or amputation is likely to be classed as far more serious than a muscle strain or stomach bug.
  • How your life has been affected. Some unfortunate holidaymakers experience life-changing injuries or illnesses while abroad – the compensation awarded will reflect this.
  • Whether you’ve been left out of pocket. Medical bills and additional travel expenses can wreak havoc on a family’s finances. This part of the compensation sees that you’re adequately compensated for your losses.
  • Whether you’ll need extra support in the future. If your injury or illness will lead to loss of income, or if you’ll need ongoing treatment and care to deal with the injury, this will be taken into account.

Here’s how Your Legal Friend can help you:
• No win, no fee - guaranteed
• 95% success rate in personal injury claims
• Over £200,000,000 successfully won in the last ten years alone
• Help and support you with your claim against the travel company or carrier
• 30 years’ experience in personal injury compensation

Talk to us today

For an informal, confidential chat with one of our expert personal injury solicitors about making a claim, call us now on 0808 274 6166 (call free from landlines and mobiles). Or just complete the 'Start a new claim’ option on the right and we'll call you straight back.