How To Make Package Holiday Claims
Are you looking for information on package holiday claims? Perhaps you suffered injury here or abroad because of the services provided by the holiday vendor. You could be owed personal injury compensation for your injuries and any financial losses caused by the accident. This guide is packed with useful information.
Key Takeaways In Package Holiday Claims
- If your compensation claim is a success, the package holiday provider could pay for your physical, emotional and financial damages.
- You have a right to expect that the services included in your package holiday are safe to use.
- There is a time limit of up to three years for starting personal injury claims, which can be subject to alterations for minors and those without mental capacity.
- A claim can be made with simple forms of evidence.
- An expert solicitor from our panel can provide support and guidance throughout the entire process and help you get the compensation you deserve.
We invite you to speak to our advisors as you read this guide. They can provide tailored advice regarding your package holiday compensation claim when you :
- Call on 020 3870 4868 to discuss your compensation claim.
- Ask a question via the live discussion forum.
- Or contact us online with your potential package holiday claim.
Browse Our Guide
- What Are Package Holiday Claims?
- What Are My Holiday Provider’s Responsibilities?
- Accidents And Illnesses On Holiday
- How To Make Package Holiday Claims
- Compensation For An Injury Or Illness While On Holiday
- Claim For A Holiday Injury On A No Win No Fee Basis
- More Information On Claiming For A Personal Injury
What Are Package Holiday Claims?
A package holiday claim is a legal action against the holiday provider. If you suffered an injury while on holiday, either at home or abroad, you may be entitled to personal injury compensation. However, you will need to satisfy the eligibility requirements.
The Package Travel and Linked Travel Arrangements Regulations 2018 lays out the full remit of responsibilities, including the performance of services, for holiday providers operating in the UK. Therefore, if you are injured abroad at a time and place where the tour operator owed you a duty of care, you could be eligible for package holiday compensation.
To make a claim, you need to show that the package holiday company breached their duty of care. This negligence can be determined by asking three questions:
- Did the package holiday provider have a duty of care to you at the time your injuries occured?
- Was it breached in some way?
- Did this cause you to be harmed?
Can I Claim For An Injury While On Holiday In The UK?
In the UK, those in control of areas and services available to the general public have a legal obligation to ensure their reasonable safety. The Occupiers’ Liability Act 1957 states that steps should be taken to implement measures that reasonably protect the public from harm while using their services. This is the duty of care owed by occupiers to members of the public. However, if you would like to claim, you must prove negligence, as discussed above.
Call the team if you have any questions about package holiday claims and eligibility. They can help assess your claim and advise on whether it is valid.
What Are My Holiday Provider’s Responsibilities?
In many package holidays, the provider is responsible for all the services they included in the agreed contract with the customer, such as:
- The hotel and accommodation.
- Car hire and flights.
- Organised day trips, activities and excursions (included as part of the deal).
- Insurance and healthcare.
In addition to this, the package holiday provider is responsible for:
- Vouching for the safety of the providers they recommend.
- Alerting the customer to any significant changes and making alternative arrangements for the customer as necessary.
- Provide assistance to customers experiencing difficulties abroad.
However, the tour operator is not responsible for accidents and injuries that occur through activities that are not part of the package holiday. For example, if you decide to attend a local music event but did not book this through the tour operator. If you were to slip and break your ankle, you could not claim against the tour operator. You may still have a valid claim, but if the incident occurred abroad, it would be subject to local personal injury laws.
To find out more about claiming for holiday accidents and illnesses, speak to a member of our team. They can discuss all aspects of making package holiday claims.
Accidents And Illnesses On Holiday
Next, we look at some of the ways that an accident could happen on a package holiday:
- The tour operator, its restaurant, hotel or food supplier could provide food that is sub-standard or poorly prepared in a way that causes food poisoning from hotel buffets or restaurants.
- The package provider could provide trips, excursions or activities that are not safe or run properly and this causes an injury.
- The hotel recommended by your package holiday provider may have poor health and safety standards. Accidents in hotel rooms can be caused by defective or broken furniture and fittings.
- Injuries like bike accidents, or canoe and kayak accidents may happen on guided tours because of poor safety measures or badly maintained equipment.
- The tour operator or package holiday company might recommend an activity that breaches a foreign law.
- Slips, trips or falls in hotel lobbies caused by wet floors, uneven surfaces, or insufficient lighting could be grounds to start a claim. Also, balcony or terrace accidents caused by faulty railings or weak structures may be a risk.
- Transportation accidents on a shuttle bus that was faulty or driven recklessly.
To be sure about the eligibility of your claim for compensation and for expert advice about who to claim against, speak to us first.
How To Make Package Holiday Claims
Evidence is a key part of the package holiday claims process. You need to pull together as much proof as possible that proves liability for your injuries. The evidence could be any of the following:
- Any CCTV footage that you can obtain from the hotel, resort or excursion that captured footage of your accident.
- The contact information for anyone who saw the accident so they can provide a supporting statement further into the claims process.
- Copies of any medical reports and records that detail the injuries you suffered.
- Photos and mobile phone footage of your injuries and the cause of the accident.
- Copies of accident book entries in the hotel/resort.
Evidence like this can be used by expert holiday claims solicitors on our panel to seek compensation for you. A solicitor from our panel could offer invaluable advice on useful evidence for package holiday claims. Speak to a member of our team to find out more about working with a solicitor from our panel.
Compensation For An Injury Or Illness While On Holiday
If a claim against a negligent package holiday provider is successful, you could receive compensation made up of two areas of losses. These are general and special damages.
General damages compensate you for the physical harm and psychological suffering caused by the accident.
To arrive at a suitable monetary figure for this, those charged with the responsibility will look at the medical evidence that has been submitted as proof. They may also confer with publications, such as the Judicial College Guidelines (JCG).
This publication supplies guideline compensation figures for a cross-section of injuries based on type and severity. You’ll find an excerpt below to illustrate. Importantly, these sums are guidelines only, and each personal injury claim will differ. Also, the first entry does not come from the JCG:
Compensation Guidelines
| Injury | Severity | Award Guidelines |
|---|---|---|
| Multiple injuries and illnesses plus related costs | Very Serious | Up to £1 million plus |
| Head | (a) Very Severe | £344,150 up to £493,000 |
| (d) Less Severe | £18,700 up to £52,550 | |
| Leg | (ii) Very Serious | £66,920 up to £109,290 |
| Knee | (a) Severe (ii) | £63,610 up to £85,100 |
| Pelvis | (a) Severe (iii) | £47,810 up to £64,070 |
| Back | (a) Severe (iii) | £47,320 up to £85,100 |
| Hand | (f) Severe finger fracture | Up to £44,840 |
| Neck | (b) Moderate (i) | £30,500 up to £46,970 |
| Arm | (c) Less Severe | £23,430 up to £47,810 |
Special Damages In Package Holiday Claims
In addition to this, you can claim special damages for the financial harm the injuries caused. You will be required to put forward evidence of any monetary harm you wish to claim for. This can include the following:
- Evidence of medical expenses (if you had to pay for private treatment).
- Payslips that show any loss of earnings caused to you by the injuries.
- Receipts and invoices paid to anyone who had to care for you.
- Statements and proof of paid amounts for essential changes needed at home to accommodate a new, permanent injury.
- Proof of damage to your personal possessions like eyewear or a mobile phone.
If you’d like to discuss special and general damages in more detail, please reach out to advisors on the contact number above. Additionally, our advisory team can value package holiday claims.
Claim For A Holiday Injury On A No Win No Fee Basis
You could qualify for a solicitor from our panel to handle your claim. They offer an array of excellent services under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). This typically has the following advantages for those looking to start a claim:
- Under a CFA, no fees apply for your solicitor’s services when they start work on your claim.
- As the claim advances, no fees need to be paid for work carried out.
- If the claim does not settle in your favour, no fees are owed to your solicitors for completed services.
- Claims that do settle in your favour require a ‘success fee’ to be paid to your solicitor. The amount deducted at the end is a percentage of the personal injury compensation. The percentage is capped by the law to ensure that you, the claimant, always benefit first and foremost.
Why not discover if your package holiday claim could be eligible for the help of one of the solicitors from our panel? Simply connect with our advisory team. If they determine the claim has a good chance of success, they can direct you to a solicitor to help:
- Call on 020 3870 4868 to discuss your package holiday compensation claim.
- Ask a question via the live discussion forum.
- Or contact us online with your potential package holiday claim.
More Information On Claiming For A Personal Injury
The focus of this guide was package holiday claims. However, you might find the information in these guides useful as well:
- This guide looks at holiday accident claims in more detail.
- Here you can read how to prove fault in a slip and fall accident.
- Also, read about fatal accident claims here.
External help:
- Read more guidance on package travel regulations from GOV.UK.
- Here you’ll find some foreign travel advice, also from GOV.UK
- Lastly, some advice for package tourists from the NHS.
We appreciate your interest in this guide. For any additional help or support, please reach out to the advisory team on the contact options above.
