Package Holiday Accident Claims Solicitors
Package Holiday Claims won't usually end up going being processed by that country's courts as opposed to the UK legal system. If your injury occurred while you were on a package holiday, you may be able to have your case heard at home.
You are owed a duty of care to ensure you are safe during your trip abroad, and a decent standard of health and safety throughout your stay, whether it’s in regards to your travel, accommodation, or activities.
The Package Travel, Package Holidays and Package Tours Regulations 1992 have provisions in place for this, but before you proceed it is important to ascertain whether you are legally entitled to make Package Holiday Claims.
What is a Package Holiday?
In order to be legally considered a package holiday, you must have purchased at least two core components of your trip at an inclusive price from the same provider. This can include transport, accommodation and any other services that make up a significant amount of your holiday, such as prearranged excursions.
Package holiday legislation may also apply to services purchased by different providers, but aggregated by an online booking service - such as booking a hotel as an add-on for a flight.
The phrase ‘inclusive price’ is key here, as an understanding of this concept is crucial if you are considering Package Holiday Claims.
A potential grey area can occur if a separate account was submitted by your holiday company for each component of the trip. Here, the question is whether or not you could have purchased just one of those services separately at the same rate. If so, then your arrangement is less likely to be considered a package.
What is a Tour Operator responsible for?
Tour operators are companies that offer multiple holiday services, such as travel and accommodations, as a package for holidaymakers. These types of holidays have become increasingly common with the rise of popular online holiday booking services, for example with some travel agencies offering accommodation options for an extra charge.
Tour operators may arrange for all parts of your holiday, sometimes including additional activities, day trips, or visits to popular local attractions.
All these components of the holiday are then sold as a package, usually with a considerable discount compared to purchasing them individually.
When you book your holiday as a package, your tour operators have a responsibility towards you to make sure everything goes smoothly. This includes upholding a good standard of health, safety, and hygiene across all travel, accommodation, and activities.
If you suffer illness or injury while on a package holiday, you may have a valid claim against your tour operator. Contact us today for more information about Package Holiday Claims.
Why Choose Us
The team of Package Holiday Claims Solicitors with Sheldon Davidson Solicitors have years of experience dealing with injury claims related to Package Holiday Accidents. We have an extensive track record of obtaining high amounts of compensation for Package Holiday Claims, and we can help you reach an outcome you are satisfied with.
We understand that suffering an injury while on holiday can be very upsetting. Holidays, and especially package holidays, are meant to be relaxing and fun, so cutting a trip short - and often suffering the consequences once returned - can result in undue stress and financial losses.
Contact us today to start your Package Holiday Accident Compensation Claims with Sheldon Davidson Solicitors.
How can I make a Package Holiday Accident Claim?
The location and type of holiday you were on may well have some bearing on the outcome of your claim. There are instances where a holiday company or tour operator has cited ‘local standards’ to defend themselves, suggesting that the service they provided was adequate based on the usual expectations in that region.
Finally, it is important to note that if you are injured on an excursion, the holiday company is only liable for this if you purchased it from them as part of your original deal. Injuries sustained on days out booked after you arrive at your destination cannot be considered as part of a package holiday.
Sheldon Davidson Solicitors can offer expert advice on cases of this nature, so get in touch with the team today to see whether you could make a claim.
Who will I make my Package Holiday Compensation Claim against?
Although you may have suffered illness or injury while in a hotel or during an activity abroad, it may be easier for you to claim against the tour operator. These companies are most likely UK-based, and the claim process is usually much more straight-forward.
Your tour operator will likely be in charge of resolving any health and safety shortcomings in any accommodation or activity they include in their package holidays. You are more likely to be successful in your claim if you bring it against a UK-based tour operator than going directly to the local hotel or agent.
In some circumstances, we may advise you to pursue your Package Holiday Claims abroad. This is not common, but may be your best course of action in some cases. Making your claim directly against the hotel or organiser may ensure you obtain a higher amount of compensation.
Many personal injury claim cases are settled out of court, meaning your case will likely not require you to be present at a foreign court case. If hearings are necessary, we can make accommodations for you through our legal representatives, so you will not need to appear in a court abroad unless strictly necessary.
What evidence do I need for Package Holiday Injury Claims?
As with any personal injury claim, you must be able to show your accident was someone else’s fault. In this instance, that means proving liability on the part of your holiday company.
You will need to show that they failed to live up to the standards of ‘proper performance’ under the Supply of Goods and Services Act 1982 and the Sale of Goods Act 1979. A strong claim will be able to show how they provided neither ‘reasonable skill and care’ nor ‘satisfactory quality’.
It is crucial to note any detail surrounding the accident, such as names and details of any witness, and time and place of the accident.
You should also keep a thorough record of any medical reports or evidence of your injury. This could include medical examination reports, photographs, and receipt of medical charges.
If you’re unsure on how to proceed, or need legal advice regarding the collection and documentation of evidence for your claim process, don’t hesitate to contact us today. We can ensure your Package Holiday Claim goes smoothly and achieves the outcome you’re looking for.
What are common types of accidents leading to Package Holiday Claims?
The activities people participate in during their holidays are incredibly varied. Because of this, many types of injuries can take place when something goes wrong during your trip. Amongst the most common injuries we have dealt with at Sheldon Davidson Solicitors, some examples are:
Slips, Trips, and Falls
It is very common to suffer an injury following slips, trips and falls on holiday, for example because of poor maintenance of the surfaces in a hotel, on an excursion, or because of inadequate signage at a swimming pool. While these may seem like minor accidents, falls of this type can cause significant serious injuries in many cases.
If your package holiday included transportation to and from a hotel or accommodation, and you suffer injuries during travel, then you could claim compensation for travel injuries. This may include any accidents that take place on board, or while embarking or disembarking a plane, boat, or cruise ship. These cases can be subject to complex rules regarding national or international travel, but you may have a valid compensation claim if you have been injured during arranged travel as part of a packaged holiday.
Many package holidays may also include travelling with buses. When this is the case, road traffic accidents can unfortunately take place, and cause very serious repercussions.
You may have a valid claim against the package holiday company for injuries sustained in a traffic accident on a package holiday.
Families often bring their children with them on their holidays to have fun, relax, and explore new places. It’s incredibly unfortunate that child injuries may happen while on a package holiday with the family, but that can often be the case. Any activities a child can take part in during a holiday must be thoroughly checked for any safety hazard, and failure to do so can result in serious injuries.
Do I have a time limit for Package Holiday Claims?
As with all injury claims made in the UK, there is a time limit for Package Holiday Accident Claims. Although you may have suffered an injury abroad, you will be bringing your claim against a travel agent or holiday company that had planned, organised, and sold you the package holiday.
Injury claims in the UK must generally be started within 3 years of the accident. There are, however, a number of exceptions to the rule, such as injuries involving children and minors, people without mental capacity, and criminal assault injuries.
You may also be allowed to start your claim later than 3 years from the original accident in cases where the repercussions of the injuries have only become evident some time after the event. In these cases, you can begin the claims process up to 3 years from the Date Of Knowledge.
If you are near your time limit to bring forward a compensation claim for Package Holiday Injuries, don’t hesitate to contact our team of Package Holiday Injury Solicitors. We are always available to ensure you have the necessary legal advice and support to get the compensation you deserve for your injuries.
Our experienced Package Holiday Injury Claims Solicitors act regularly for clients across Greater Manchester including Ashton, Bury, Bolton, Radcliffe, Prestwich, Middleton, Failsworth, Rochdale, Oldham, and Whitefield.
Sheldon Davidson Solicitors are a Lexcel accredited law firm. The Lexcel standard is only awarded by the Law Society to firms who meet the highest standards of practice management and customer service.
With Sheldon Davidson's Personal Injury Solicitors in Manchester, you can be confident that your compensation claim is in safe hands.
Call us for free now using the number at the top of the page or complete the online contact form and a member of our team will get back to you.