Package companies' defences against holiday claims

There are three main defences that a UK package company may make against a holiday claim for compensation. A good personal injury solicitor should be able to prepare anyone who wants to make a holiday claim with an understanding of how these defences would affect a claim for holiday compensation, and how likely they are to succeed.

The event for which compensation is being claimed was the fault of the consumer
This could mean that someone injured by broken glass near a swimming pool, for example, had ignored signs or physical obstacles that cordoned an area off. Your personal injury solicitor would be able to examine the details of this defence and help you decide whether you should deny this or accept partial responsibility.

The event was the fault of a third party unconnected with the contract and was unforeseeable
The package provider would not be to blame if you suffered an injury from a pedalo hired from an unrelated company, for example. However, there are grey areas between those holiday accidents that are clearly unrelated to your package provider, and those that are clearly related; a personal injury solicitor will be able to help you pick your way through any complexity.

The event was due to unusual and unforeseeable circumstances and no amount of care could have avoided the consequences
A freak hurricane in an area that has never had strong winds before could be an obvious example of this defence being true; however, your personal injury solicitor will be able to help you decide whether the package company's lawyers are justified in making this statement.

A claimant should also ensure that they read the 'small print' of their holiday company's brochure. It will often outline the rules under which a complaint should be made, including the time limit for making a timely complaint, which can be as little as 28 days.

Making a holiday compensation claim
If an adverse event has already spoiled a holiday, making a compensation claim can seem likely to cause more unpleasant experiences. At YouClaim, we understand this, and will always endeavour to make your holiday claim as painless as possible.

All of our personal injury lawyers are from firms covered by the Solicitors Regulation Authority, and all are able to handle your case sensitively, professionally, and will do so in plain English. You can also rely on us going further than a no win, no fee promise; our holiday accident cases are handled on a completely cost-free basis, and all damages go to you under our 100% compensation guarantee.

Contact us today, on 0800 10 757 95, or use our internet access (claim form and e-chat systems are available) to reach a specialist holiday claim advisor, and we can get your compensation claim under way.