To be able to make a claim for holiday accident compensation against a package tour operator, your case must fulfil certain criteria.
Your ability to make a successful holiday accident claim will be dependent on whether the tour operator is deemed liable in a court of law and whether the personal injuries or illness you have incurred are compensable.
Package holiday special regulations
If you booked your holiday as a package, ie, the hotel, flights and excursions were all provided by one company, there are a set of regulations which cover compensation claims made by consumers.
If you booked your flights, hotel and any excursions separately, ie, not through a single independent company, you will only be able to make a claim under general laws for consumers.
Can you claim
You will be able to make a claim against a package tour company if the incident occurred:
- during booked travel (on the plane or during transfers organised by the tour operator)
- at the hotel or residential complex
- on an excursion organised by the tour operator as part of your package
Once you step outside the hotel complex any accident which occurs, such as a fall in an independent restaurant, won't be compensable by your tour operator.
Who was at fault?
For a personal injury accident or illness to be compensable, you will need to prove that the tour package operator was in some way negligent. This could be because staff at the hotel complex had not fulfilled hygiene or maintenance standards or the supplier of an excursion failed in his duty of care to keep you safe.
However, if the accident was reasonably foreseeable and you were warned of risks or if you failed to take reasonable care of yourself, the claim may be dismissed.
How much compensation will you receive?
While a minor fall on a badly maintained hotel path may mean your holiday was marred, if the injury heals quickly and without any lasting impairment it is unlikely that the tour operator will be asked to pay extensive damages. They may be required to compensate you for a certain portion of the cost of the holiday, but you will not receive thousands.
If a similar fall causes you to hit your head on concrete and suffer a catastrophic brain injury which leaves you with life-altering symptoms, the claim will be very different. The package tour operator could be sued for major sums to help you receive treatment, rehabilitation and to ensure your financial security for the rest of your life.
Do you need to make a package holiday accident claim?
If you have suffered a personal injury while on a package holiday you must report the incident immediately to your tour operator. If there is no representative at the hotel complex you should attempt to contact the company's head office. You must also inform the hotel management team.
Collect evidence, such as photos, and keep a record of what happens following the accident. Try to get names and addresses of witnesses to the accident and ask them if they would be prepared to make a statement.
Then, you should call the expert personal injury solicitors at Seth Lovis & Co, so that we may start work on your claim as soon as possible. The sooner we are aware of your circumstances the quicker we can start getting you the help you may need.
Call us today on 0370 218 4025 so that we can discuss the details and start your claim.