Has your dream holiday turned into a nightmare?

August 16, 2018

If you have suffered an injury whilst on holiday you may well be covered by the Package Travel, Package Holidays and Package Tours Regulations. This means you will be able to bring a claim against your Tour operator in the UK.

 

In order to bring a successful claim under the Package Travel, Package Holidays and Package Tours Regulations you’ll need to prove that your injuries were caused by the negligence of the hotel or their staff. That could be because the hotel was poorly maintained and dangerous and you were not warned about the hazard that caused your injury.

 

The Package Travel, Package Holidays and Package Tours Regulations will not cover you if the accident happened outside the hotel grounds, such as on a badly maintained pavement in a local town.

 

If you did not book your holiday as a package holiday for example you booked the flights, accommodation and service separately then you will be an independent traveller and the Regulations will not cover you. In order to pursue a claim, you may well need to locate and instruct an English-speaking lawyer in the country where your accident took place.

 

Day Trips and Excursions

 

Tourists are also frequently injured on pre-booked excursions (such as boat trips and walking tours). If the trip was booked through your package tour operator either when you booked the holiday or during your holiday itself, then you will most likely be covered by the Package Regulations.

 

If your excursion was booked separately then your claim will need to proceed against the operator of that particular excursion. This usually means that the claim will be subject to local laws and will require you to instruct a solicitor in the country in which the accident occurred or an international firm who can who have offices in the UK and the country in which the incident occurred.

 

What to do if you have suffered an injury whilst on a package holiday:-


If you do suffer injury whilst on holiday, it is important to obtain as much proof as possible as well as reporting your accident to the hotel management, your package organiser’s representative in the resort or if there is no holiday representative then to the organiser’s head office in the UK as soon as possible after the accident.

 

We would suggest that you make your best efforts to gather the following evidence in support of your claim:

  • Try to obtain the names, contact details and addresses of any witnesses to your accident as they may well be prepared to make a statement to help you.

  • Take photographs of what caused your accident. If possible, you should not only obtain photographs clearly showing the defect but also photographs which show the measurements of the defect in question.

  • You should write down the circumstances of the accident as soon as possible after it happens and if at all possible draw a sketch. Memories can fade even over a relatively short period of time so it’s important to jot down as much as possible about the accident as soon as you can.

  • Make a copy of the accident report form completed by the hotel or package tour operator

  • It is also important to get medical assistance as soon as you realise you’ve been injured. Always ask for a copy of your medical report and keep receipts for any medical charges you incur.

Any questions?

 

If you have questions about accident abroad or want free legal advice on a package holiday claim, contact Katie Baker or Jaimie Whiteley on 01492 588200 or katie@nelsonmyatt.com

 

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    *Welsh speaker applies to Katie Baker

    Resolution membership applies to Andrew Nelson

     

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