If you have an accident or develop an illness on holiday, which was not your fault you may be entitled to claim compensation.
Holidays in the UK
If your personal injury occurred whilst on holiday in the UK, it will be dealt with in the same way as any other claim for compensation.
In 2010, there were over 50 million visits abroad made by UK citizens. With so many people travelling abroad each year, it is perhaps not surprising that things do occasionally go wrong.
If you have been involved in an accident abroad or suffered from ill health you may be entitled to make a compensation claim against the tour operator who organised your package holiday.
Your tour operator may be liable to pay you compensation if your injury or illness occurred as a result of something going wrong with part of the package holiday.
A typical package holiday will consist of:
- The flights to and from your holiday destination.
- Transfers to and from the airport and your accommodation.
- The accommodation for the duration of your holiday.
If you suffer an injury or ill health at any of the above points you may be liable to claim compensation.
The following is an examples of recent cases we have brought under the package tour regulations:
The claimant booked a flight and hotel in Cyprus. Due to a faulty air conditioning system she suffered Legionella pneumophila and was hospitalised and repatriated. The tour operator has agreed to compensate her for the hotel’s alleged negligence
Claims in other countries
If you suffered an injury abroad whilst not on a package holiday, or if the injury had nothing to do with your tour operator you still may be entitled to make a compensation claim.
For example you may be an independent traveller or on a business trip when you are injured or become ill.
You may suffer an injury or illness for reasons which have nothing to do with your package holiday.
In these circumstances you may need to pursue your claim against whoever was at fault in the country in which you were injured or became ill.
This is a more complicated process than when claiming against a tour operator, however it is still possible and something we should be able to help you with.
Accidents on board a plane or boat
If you are injured whilst travelling abroad by plane or boat you may be able to make a compensation claim.
Your right to claim damages is determined by either the Montreal or Athens Conventions. These are international laws on air and sea travel respectively.
The Conventions however are not straight forward and we would advise you to seek legal representation when pursuing such claims.
The Montreal Convention can apply even when the accident does not occur in flight nor indeed on board the aircraft but in the course of embarking or disembarking.
There is also a strict two year time limit in which to bring claims under the Montreal and Athens Conventions.