Injured whilst abroad on a package holiday
Advice
If you have suffered from an injury abroad whilst you were on a Package Holiday, the 2018 Package Travel and Linked Travel Arrangements offer you protection. They apply to any package sold from the 1st of July 2018 and the incident cannot have occurred outside the agreement terms. the limitation period to make a claim is 3 years but it is always best to act swiftly
What counts as a package holiday?
According to the 2018 Package and Linked Travel Arrangements, a package holiday is considered as a combination of at least two different forms of travel services, which include:
- Transport, for example by coach, train, flights (excluding transfers from an airport);
- Accommodation, for example, a hotel, villa or apartment;
- Car rental; and
- A tourist service such as tour guiding or a trip to a historical attraction, which makes up a significant part of the holiday due to the value or because it was an essential part of your holiday.
Your holiday is also considered a package if your travel company has asked you to pay a single price via a single payment
- Has allowed you to choose a combination of services, such as flight and accommodation;
- Has charged you an inclusive or total price for all the services you purchased;
- Has ‘advertised or sold the travel services to you as a package or similar term; and
- Sold you one travel service, and then transferred your details to another company which you then booked another travel service through in the space of 24 hour’s.
What is covered?
You have legal and financial protection. The tour provider may be liable for general damages which refers to the pain and suffering that you have experienced. Medical costs incurred as a result of injury, such as domestic care may also be covered. Also, your Loss of earnings or enjoyment on the holiday may warrant compensation.
Common accidents/injuries covered under the package travel arrangements include:
- Slips, trips and falls (at the resort/hotel or during travelling);
- Road Travel Accidents (as a driver, passenger or resident) or caused by a defective rental Car;
- Infections (likely relating to the use of a swimming pool);
- Food poisoning and illnesses caused by bad hotel hygiene;
- Injuries on foreign transport and coach accidents abroad;
- Accidents involving a swimming pool;
- Travel accidents abroad, for example during sea or air travel; and
- Sporting injuries, for example, water sports, jet skiing and skiing abroad.
Linked travel agreements:
The level of financial protection is less than that offered with a package. There are some
protections if the travel company goes out of business. You will not benefit from any of the rights applying exclusively to packages under the Package Travel Regulations. Also, your complaints about each holiday service will have to be directed to the individual service suppliers.
What counts as a Linked Travel Arrangement?
You have a linked travel arrangement if you have booked 2 or more travel services for the same trip, but they are with different companies and you have paid for them separately.
Types of travel services covered by a linked travel arrangement include:
- Transport (such as a flight, coach or train but not transfers from an airport);
- Accommodation (such as hotel villa or apartment);
- Car rental; and
- A tourist service (such as a tour guide or trip to a historical attraction) where this is a
a significant part of the holiday, either because of its value or because it is an essential part of the trip.
It is also considered to be a linked travel arrangement if all of the following apply:
- You arranged the separate selection and separate payment of each of your travel services. E.g., You book a travel service with one company and then another service with a different company by clicking on a link from the first company. This means you have separate contracts with the individual travel service providers.
- You’re asked to give some or all of your details to the second company, for example, if it has your name but you need to enter your card details.
- You made the second booking within 24 hours of the first. For example, the company arranged for you to make a booking for one travel service (for example a flight) and then arranged for you to then be offered, in a targeted manner (such as through email), another travel service from another trader (such as car hire firm) which you then book less than 24 hours later.
- The trip is more than 24 hour’s or includes an overnight stay.
What is not covered?
Linked travel arrangements and packages that last under 24 hours, unless overnight accommodation is included.
How we can help
Your caseworker would contact the customer service department of the tour operator. Alternatively, if you booked a linked travel arrangement, we would write directly to the accommodation or the service provider. The limitation period to make a claim is 3 years but it is always best to act swiftly in case other regulations apply. Most cases are settled out of court, but you are very likely to be eligible to bring the claim to the UK if pursuing a UK tour operator under the 2018 Regulations.
To gain our assistance you need to open a case, this is done by taking advantage of our free consultation service, activated by the link at the top of the page, should you wish to start a case the caseworker will send you the suitable payment link.
Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, upload documents, images, files etc.