Pontypool: 01495 762244 | Newport: 01633 262122 | Cardiff: 02921 154313

Holiday Accidents/Illness Claims

 

Whether your package holiday is in soggy Southern Ireland or exotic Fiji, you may be able to sue in your local County Court for compensation for any injury you are unfortunate enough to sustain. The Package Tour, Package Holidays and Package Tour Regulations 1992 allow the consumer to sue under British Contract Law regardless of where the accident occurred.

What then is your tour operator liable for?

They are responsible “for the proper performance of the obligations under the contract. These “obligations” conform to two types;

 

Those which should be performed as promised and those where “reasonable care” is required. The first category typically would centre around the holiday fulfilling its holiday description. If the 5 star beachside hotel is really a shack 2 miles inland this is clearly in breach of the contractual obligation. It would be difficult for the tour operator to defend. Personal Injury claims normally arise from the latter category. Examples of “reasonable care” obligations might be:-

 

  1. Maintenance of hotel premises to minimise trips and slips.
  2. Reasonable hygiene standards in the kitchen or pool.
  3. Reasonable driving skills by the coach driver on the way from the airport.

The tour operator is liable even if the obligations are actually being carried out by local suppliers.

 

The Package Tour Regulations can be seen as a very useful way to bring an action against the tour company for an accident anywhere in the World. But beware. It is limited to only what you pre-book in advance. This is normally the hotel, flight and transfer from the airport. It does not apply to exclusions booked once you have started your holiday. A good example is a typical ski holiday. If you suffer a skiing injury and are blaming the skis you could sue your tour operator if you paid for the ski hire at the same time as you booked the holiday. It is common for ski tour operators to offer such “ski packages”. If you only arrange to hire on the coach transferring you from the airport to the resort you could not bring your claim under the Package Travel Regulations.

 

The moral of this is to pre-book as much as you can. Use a reputable tour operator and if the worst happens consult a lawyer who knows their way around the Package Tour Regulations. Or perhaps, just stay at home!!

 

Have you had a skiing accident?

Please click here to read how you may be entitled to claim

 

Has food poisoning ruined your package holiday?

Please click here to read what you can do about it

 

Pontypool: 01495 762244 | Newport: 01633 262122 | Cardiff: 02921 154313

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