We can help you claim
compensation following an accident
illness or injury - nationwide
Call: 0800 10 757 95
Whether a holiday has been meticulously planned or is a spur of the moment event, individuals can never be completely physically protected from having an accident abroad, and unfortunately there are occasions which require a victim of an unexpected injury to make a holiday accident claim.
People who book the travel, hotel and activity aspects of their holidays through separate companies may sometimes be left in trouble if something goes wrong and there are regular news stories about holidaymakers who have had a stressful time with companies abroad, where a language barrier may make explaining a problem or an injury much harder.
However, people who use tour operators which offer all parts of the holiday in one package, may also find themselves in trouble if the operator does not follow the Package Travel, Package Holidays and Package Tours Regulations, 1992 and fails to warn them about dangerous insects or animals in the area to which they are travelling and of which they might not otherwise be made aware.
Package Regulations
Firstly, these regulations make it clear that a customer must be provided with all the information "about health formalities required for the journey and the stay" and that the "descriptive matter relating to packages must not be misleading".
If the operator fails to warn tourists, for example, that they need to be immunised against a disease present in the country, or do not tell them that wild animals, which pose a danger to humans, live in close proximity to where they will be staying – then this could result in tourists suffering a personal injury.
In some instances the failure of a tour operator to warn customers of a danger might result in a holidaymaker's death. Campers in America are known to experience close encounters with bears when they fail to pack food away correctly, and people travelling to Africa are at risk of catching Malaria. Tour operators should not take it for granted that customers already have knowledge of the area they are going to visit or expect them to do their own research.
The tour operator is legally bound by the package regulations to warn potential customers of any risks involved in staying in the location they are interested in. The legislation states that information must be "legible, comprehensible" and conveyed in an "accurate manner" so that the warning may not be misunderstood.
The terms and conditions of a package holiday should contain a warning similar to the following:
The tour operator may be held liable for any harm that comes to the customer which is not caused by the holidaymaker's own actions. If there is a problem with any part of the package holiday, be it the travel, the accommodation or booked activities, the customer should be able to make a holiday accident claim.
Making a holiday accident claim after personal injury
If you have come to harm during a package holiday after not being warned in the terms and conditions, or verbally, about a danger present in the country or area you were visiting, then YouClaim solicitors could help you receive 100% compensation from the tour operator.
To see whether we could help you make a holiday accident claim and get remuneration for your pain, suffering and loss of earnings, phone us direct on 0800 10 757 95, use live help, or fill in our short online claim form and one of our team members will get back to you regarding your case, at a time specified by you.
