Putting together a holiday yourself has never been easier or more popular but if you choose and book your accommodation, travel, excursions etc. from different sources, you should be aware that if you have a problem with any aspect of the holiday or you suffer an holiday accident or a holiday illness and someone else is to blame, making a claim for personal injury compensation may not be quite as simple as it would be if you booked your holiday as a package through a UK Tour Operator
The Package Travel, Package Holiday and Package Tour Regulations 1992 sets out the responsibilities of tour operators and the statutory rights of their customers. If things go wrong the Regulations provide customers with the right to seek redress from one source, and that is the tour operator. Even if it is an individual supplier, such as the hotel, airline or cruise ship that is at fault it is the company that arranges the holiday on behalf of customers who is liable.
Regulation 15 of The Package Travel, Package Holidays and Package Tours Regulations 1992 gives the consumer the right to bring a claim for compensation against the tour operator if an injury on holiday or holiday illness was the result of a failure to perform or to properly perform their obligations under the contract. This is only applicable if the holiday accident or holiday illness was not attributable to the actions of the consumer or to circumstances beyond the control of the tour operator. Injury on holiday and holiday illness that are the fault of anyone contracted to the tour company are covered by this Regulation.
Of course anyone who has suffered a holiday accident or a holiday illness that was not their fault is able to make a claim for compensation from whoever is responsible if they wish to. However, the benefit of having booked a package holiday in the UK is that the Package Holiday Regulations allow them to seek personal injury compensation from the tour operator in the UK rather than having to seek damages from an individual supplier in a foreign country where language, foreign laws and distance can make it extremely difficult. Furthermore, the amount of compensation awarded for an injury on holiday or holiday illness tends to be much lower abroad than that awarded in the UK.
What do the Regulations regard as a Package Holiday?
The Regulations state that a ‘Package’ holiday will have been pre-arranged and offered for sale at an all-inclusive price and will include at least two of the following:-
* Accommodation
* Transport
* An excursion or any other type of activity that accounts for a significant proportion of the package
It should also include an overnight stay or a service that is provided for 24 hours or more.
If you have been unfortunate enough to have had a holiday accident or holiday illness you should seek the advice of a solicitor experienced in holiday illness and injury on holiday claims as soon as you return. Macks Solicitors are Personal Injury Specialists and will help you make a claim for compensation for your injuries from your tour operator. Simply call on Freephone 01642 252 828 or complete the Quick Claim form and one of our solicitors will contact you as quickly as possible.
