Accidents abroad
Package holidays
Many of us opt for the ease of a package holiday and though we all want to enjoy our trips, it’s important to be aware of your legal rights should you ever need it.
With the summer here, many of us are eagerly anticipating packing our suitcases and heading to sunnier climates. We found that on average, people expect to go on holiday at least twice a year, whilst it’s been reported that 60% plan to book an all-inclusive or other type of package holiday.
As well as the ease of a simple booking process, many people opt to choose a package holiday due to the protection it offers. But many aren’t aware of just how much legal protection they have if anything were to happen when they are abroad.
What is a package holiday?
A package holiday is a holiday you book where two or more travel services are included together. This can include:
- Transport, e.g. coach travel, cruise, flights
- Accommodation
- Transfers
When booking a trip that includes multiple elements that fall under one set price, then that is a package holiday and falls under the Package Travel and Linked Travel Arrangements Regulations 2018. This law upholds the principle that you have a right to expect the holiday package you buy - online, from a brochure or through a travel agent - is as described. This includes ensuring your safety throughout the duration of your trip.
If your holiday falls short of what you were led to expect, and this results in an injury or illness, you have the right to make a claim under these regulations.
What you should know about package holidays
Package holidays can simplify the travel planning process and offer substantial legal and financial protections, which is why it is important to understand your rights.
Tour operators and travel agents are legally obliged to provide accurate and comprehensive information about the holiday you're booking. This includes details about accommodation, amenities, travel arrangements, and any additional costs. If something isn’t provided or isn’t as expected, and your travel company or its suppliers are at fault, it is their duty to resolve this for you. They can do this by resolving the issue, offering an alternative option or providing a full or partial refund. However, in some cases, you may be able to claim compensation.
Providers also must ensure that health and safety standards are met. If you suffer an injury due to negligence, you can claim compensation for medical expenses, pain and suffering, and any long-term impact on your health.
Two key elements of your holiday protection under a package holiday are the ATOL and ABTA schemes. If your package holiday includes a flight, you are covered by the ATOL bonding scheme, which guarantees you a refund and/or a flight home if the airline goes bankrupt whilst you are away. The ABTA bonding scheme ensures you are covered if the travel provider goes out of business. However, though package holidays may be more expensive in some cases, if you book your holiday independently, you will not have these protections.
Package holiday claims
If you’ve been involved in an accident while abroad on a package holiday, you could be able to claim compensation from the tour operator.
For accidents that happen during package holidays, the time limit for making a claim is typically three years. This is based on the regulations, which allow travellers to pursue compensation for accidents or injuries sustained during a package holiday for up to three years from the date of the incident.
In some cases, if you book a package holiday with a UK-based travel agent, any accidents will be the responsibility of the tour operator or the agent you booked with, but this is only if there is evidence to support your claim.
With 27% of people having been injured, or had a travel companion, injured whilst on holiday, only 11% of people have ever made a claim for accidents whilst on holiday. We know how unnerving it can be if you experience an accident on abroad and, due to the differing international legislations, putting a claim forward can be difficult to navigate. However, our travel litigation team will be on hand to help advise you throughout the legal process.
Why choose our accident abroad lawyers?
The knowledge our team of lawyers has with accident abroad claims is unsurpassed with many of the team having worked in the legal teams of tour operators and package holiday providers, giving them a keen insight into the world of travel.
Our team doesn’t just specialise in personal injury cases; we focus exclusively on cases with a foreign element. We work closely with medical experts and foreign solicitors who provide us with invaluable insights to expedite your claim swiftly and efficiently.
Whether your injury occurred while traveling to or from your destination, during your stay, while working abroad, or due to substandard medical care overseas, our team will be by your side every step of the way.
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