A Guide to Holiday Accident and Illness Claims

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Express Solicitors are specialists in holiday claims, having secured hundreds of thousands of pounds for victims injured whilst on holiday. If you have been the victim of an accident on holiday or abroad, Express Solicitors can help you claim compensation and assist you on your way back to recovery.

holidayAre you a Package holiday maker or independent traveller?

If you are involved in accident or become ill whilst on holiday, we must first determine whether you are a package holiday maker or independent traveller. This is because package holiday makers are covered by The Package Travel, Package Holidays and Package Tours Regulations 1992.

These special package travel regulations give different rights to that of independent travellers, who will have different rights depending on how the holiday was booked.

Package holidays

To be covered by The Package Travel, Package Holidays and Package Tours Regulations 1992, your holiday must be:

  • Prearranged
  • Last longer than 24 hours / include overnight accommodation
  • Offered for sale at an inclusive price

In addition, the holiday must include two of the following:

  • Transport (excluding airport transfers)
  • Other tourist services
  • Accommodation

Following a short conversation with one of our holiday accident claim solicitors, we will be able to advise you whether your holiday constitutes a package holiday.

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Are you covered?

The following people will be covered by The Package Travel, Package Holidays and Package Tours Regulations 1992:

  • All parties included in the booking and/or any substituted party transferred to the booking.

Independent traveller

Independent travellers will generally have organised the holiday themselves, which includes booking flights, accommodation and tourist services separately. Independent travellers have less protection than those covered by the special regulations. Accordingly, it is advisable for independent travellers to take out a policy of insurance to cover them for accident or illness abroad.

The fact that you will not be covered, as an independent traveller, by the by The Package Travel, Package Holidays and Package Tours Regulations 1992, will not necessarily prevent you from pursuing a compensation claim. However, the legal position is more complex as you are unlikely to be able to bring a claim in the UK Courts.

holiday 3Holiday Accident Guide

To successfully pursue a compensation claim, you will need to establish that the tour operator, or its service provider, failed to exercise reasonable care to protect you against foreseeable risk. GThis assessment is largely dependent on the local standards of where the accident or illness occurs.

For example, if you had an accident in a resort in Italy, we would need to look at the Italian Local Health & Safety Standards in order to assess whether the resort had in place a reasonable system of inspection, maintenance and repair to protect against foreseeable risks.

We will need to establish that the resort has failed to achieve this required standard and accordingly breached their duty of care to you. Therefore it is vital that you undertake the following steps to preserve the evidence in support of your claim.

Steps to take if you are the victim of an accident during your holiday:

  1. Retain all booking information, receipts and any promotional material supplied to you at the time you booked your holiday.
  2. Make a detailed note of the events giving rise to the accident. Where possible, ensure that you take photographs of the accident location and hazard.
  3. Report the accident immediately or at the first available opportunity. The accident should be reported to your package operator’s representative, if there is no representative at the resort then you should notify the operators head office in the UK, the accident should also be reported with the hotel management. Please note that it is important to request a copy of any accident report completed.
  4. Keep a record of any medical reports and/or receipts.
  5. Obtain contact information of any witness details and or resort guests who encountered the same problems.
  6. Keep a records and receipts of any out of pocket expenses.

Holiday Illness Guide

Steps to take if you think you have contracted food poisoning or similar illness during your holiday:

You should seek medical attention immediately Make sure that you obtain a copy of your medical/examination records, including any copies of any prescriptions issued.

Make a detailed note of the events giving rise to your illness. Where possible, ensure that you take photographs of any unhygienic practices.

Report your illness immediately or at the first available opportunity. You should report your illness with your package operator’s representative, if there is no representative at the resort then you should notify the operators head office in the UK, the accident should also be reported with the hotel management. Please note that it is important to request a copy of any report completed.

You should keep a log of all the food and drinks you consumed throughout your holiday.

Keep a record of any medical reports and/or receipts.

Obtain contact information of any witness details and or resort guests who encountered the same problems.

Keep a records and receipts of any out of pocket expenses.

holiday 4At Express Solicitors we have a team of specialist holiday accident solicitors waiting to help you. Our solicitors have a wealth of experience in handling complex and wide-ranging holiday claims. We have successfully represented clients in all matter of holiday accident claims and claims arising in foreign jurisdictions worldwide.

If you have suffered an accident or illness whilst on holiday, there are laws in place to protect you and guarantee that, where appropriate, you have a right to claim compensation in respect of the accident or illnesses suffered.