Thousands of holiday makers are injured in accidents overseas every year. These accidents can ruin a holiday that you have saved for and looked forward to for some time, and in some cases they can go on to have life-changing ramifications.
Under The Package Travel, Package Holidays and Package Tours Regulations 1992 you may have the right to compensation for injuries arising as a direct result of negligence involved on a package holiday. This could be either in the accommodation you are staying in or elsewhere if the trip was part of an all-inclusive package.
Under the regulations, to qualify as a package your holiday must:
- be offered for sale in the UK;
- be offered for an all-inclusive price;
- last at least 24 hours or include at least one overnight accommodation; and
- contain a pre-arranged combination of at least two of transport, accommodation and/or other tourist services which make up a significant portion of the package (e.g. a tour guide).
We can help you recover compensation if you have been injured as a result of:
- accidents whilst travelling to your destination (either boarding your flight or at sea);
- accidents in hotels or on cruise ships (slips, trips, accidents on stairs or at the swimming pool);
- skiing accidents; or
- road traffic accidents.
The provider of your package holiday is liable for the negligence of other suppliers such as your hotel or travel provider, provided their service was included in the package. That means you can often pursue your claim here in the UK against a UK tour operator, rather than having to pursue a company based abroad using a foreign lawyer.
If you have been involved in an accident abroad it is always advisable to do the following:
- seek professional medical attention for your injuries and if you are able to, obtain copies of the medical records relating to the treatment you receive;
- report your accident to ensure that a record is made whilst you are still abroad. This should be done to the hotel/accommodation provider as well as to a representative of the travel company who you have booked your package with;
- if you are unable to advise your travel company of the accident whilst you are abroad, it is also best to report this immediately on your return to the UK;
- if you are able to, take photographs or a video of the accident location and take a note of the date they were taken;
- obtain contact details for any witnesses.
Road traffic accidents are a common problem whilst on holiday, but are covered under EU legislation.
As a rule of thumb it is always advisable to do the following:
- exchange details of insurance companies and take a note of each party’s vehicle and registration. This information should also be reported to the vehicle’s insurance company even if you are not at fault for the accident; and
- if you have sustained an injury, ensure you pursue a personal injury claim as soon as is possible as all injury claims have a time bar date after which your claim will expire.
Road traffic accidents abroad may be subject to different laws depending on the country the accident occurred and the nationalities of the involved parties. As a result the time bar limits for the EU country where the accident occurred may be shorter than here in the UK, making it all the more important that you contact an experienced personal injury solicitor as soon as possible.
If you have been involved in an accident abroad and think you might have a claim, please do not hesitate to contact our specialist team.
