Had an Accident Abroad or Suffered a Holiday Related Illness?
Our Holiday Claims department at Simpson Millar consists of a team of specialist solicitors who have years of experience with the holiday sector and are well versed in travel law, and from our experience we know that there are a number of laws that you should be aware of. These laws aim to provide you with protection and enable you to make a holiday claim in the event that something goes wrong.
In this guide we'll explain why these laws matter to you.
Package Holiday Definition
The term "package holiday" refers to breaks abroad that are booked to include your flights, accommodation, food or any other aspect of your break abroad through a single tour operator for a single price. An easy method of identifying if you've booked a package holiday is to check your paperwork. If you have an ATOL certificate, then you have booked a package holiday.
Your Rights on a Package Holiday
The reason why booking a package holiday is so important is due to the rights that you're afforded as part of your contract with your tour operator, who is legally obliged to ensure that your holiday is carried out to a satisfactory standard and that you're safe during your break abroad.
This means that in the event that you have an accident that was not your fault, or if you suffer an illness due to food poisoning or poor hygiene standards, then your tour operator is responsible and you can make a claim for compensation.
The Package Travel Regulations 1992
One of the most important pieces of English law for holidaymakers is The Package Travel Regulations 1992, which provides you with legal rights and imposes obligations on your tour operator. This regulation ensures that your tour operator is held responsible for every aspect of your holiday, including the proper performance of your holiday contract whether or not the services that form your holiday are supplied by the tour operator, its suppliers or its subcontractors.
For example; if you became ill at a hotel in Egypt because the restaurant at your resort was supplied with unsafe produce; your tour operator is responsible. Equally, if you suffer from an accident at a hotel in Mexico due to a stairwell that was poorly repaired by a contractor; again, your tour operator is responsible.
Travel Law Benefits
A significant benefit of The Package Travel Regulations 1992 is that any claim that you make for holiday compensation can be pursued in the courts of England and Wales under English law, meaning that you don't have to be concerned about issues of foreign law or visiting courts abroad as part of your claim.
If you became ill at the same time as other members of your party or other people at your resort; you can consider making an individual claim or group compensation claim. The benefit of making a group compensation claim is that as many of you became ill on holiday, you will likely have a stronger case.
Time Limits on Making Holiday Compensation Claims
It's important to be aware that there are limitations on making a claim for a holiday illness or injury, and one of these limitations is time.
The law of England and Wales allows you 3 years to make a compensation claim for personal injury or illness. In the case of children, they have 3 years from the date that they turn 18.
What you can Claim Holiday Compensation for:
The following examples are just a few of the common problems that we process holiday claims for:
- You, your family, or anyone in your party were taken ill with food poisoning such as Salmonella or E-coli
- Your suffered a holiday accident at your resort or hotel that wasn't your fault (due to negligence)
- You lost earnings due to being ill or suffering an accident abroad
- You had to pay for medical treatment, transportation costs, or other expenses due to your illness or injury
- You didn't enjoy your holiday because you became ill on or had an accident abroad
Why Choose our Holiday Compensation Claims Team?
Our Holiday Claims Team is dedicated to providing you with expert legal advice and we strive to maximise your claim for compensation, whether you're claiming for a holiday accident or an illness abroad.
When you choose Simpson Millar you get the following:
- A free consultation and assessment of your holiday compensation claim
- A dedicated 'no win no fee' expert Travel Lawyer
- No-nonsense, jargon free advice at every step of your claim
We have helped clients who have travelled to destinations around the world to claim the compensation that they're entitled to. Below are just some of the countries our clients have visited and claimed compensation before being taken ill or suffering an accident on holiday at their hotel, resort or cruise ship:
Find out More about Your Claim
If you have had an accident that wasn't your fault or you have suffered from an illness due to food poisoning or poor hygiene standards whilst on holiday, then you may be able to make a claim for compensation. It only takes our holiday travel law specialists a few minutes to provide you with free legal advice, so contact us today.
If you have had a non-fault accident or suffered from an illness
due to food poisoning or poor hygiene standards whilst on holiday
then contact our holiday travel law specialists for free advice
on Freephone: 0808 145 1353 or use our
online enquiry form.