Holiday Travel Law - Compensation
Your legal rights – Holiday illness / Holiday accident
If your holiday was supplied as a "package" holiday then your
tour operator is legally obliged to ensure that your
holiday is performed to a satisfactory standard.
Should you have an accident
that was not your fault or suffer from an
illness caused by
food poisoning or poor hygiene standards then your
tour operator is responsible.
Package Travel Regulations 1992
In English law the Package Travel Regulations 1992
provide you with legal rights and impose obligations
on tour operators.
The Regulations set down clearly that the tour operator is
responsible for the proper performance of the holiday
contract whether or not the services that form the holiday are
supplied by the tour operator, its suppliers or its subcontractors.
Therefore, if a holidaymaker contracts food poisoning at a hotel in
Egypt or suffers an accident
in the Dominican
Republic the tour operator is responsible.
Holiday Travel Law Benefits
A significant benefit to you is that any claim for compensation
can be pursued directly against the tour operator
in the courts of England and Wales under English law.
You can also consider making an individual claim or a
group compensation claim as if more than one of you became ill on holiday
you will have a much stronger case acting as a group.
Time limits for making holiday compensation claims
The law of England and Wales allows a person 3 years to claim compensation
for personal injury or in the case of children, 3 years
from the date that the child attains the age of 18.
Holiday compensation enquiries
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.
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