With so many people travelling abroad, holiday accidents are inevitable and we are often asked: “I was injured whilst on an arranged day excursion abroad, can I claim?” Unfortunately, making a claim for an overseas holiday accident can sometimes be quite difficult. This is because it is subject to the laws of the country where the incident occurred, which can greatly affect not only your right to compensation, but also the amount you can expect to receive.
Understanding holiday compensation laws
Special regulations have been especially set up to help people file holiday compensation claims, even if they got injured abroad. If you are a British citizen who has suffered injury from an accident whilst on an arranged excursion day abroad, the 1992 Package Travel, Package Holiday and Package Tour Regulation can help you claim compensation in the UK.
The tour operator that organised the holiday package, along with the hotel staff, have a duty of care to provide you with a safe service. While tour operators need to ensure safe travel, hotels have to provide a safe and clean environment. Furthermore, the companies involved in an arranged excursion have to assess the risk of the planned trips and take the necessary measures to prevent potential injuries from occurring.
Are you entitled to make a claim for an accident that happened aboard?
The answer to the question, “I was injured whilst on an arranged day excursion abroad, can I claim?” is likely to be yes if it was through no fault of your own. However, your personal injury solicitor will be able to deal with the claim against your tour operator only if the package was booked through a travel agent operating in the UK.
For instance, if your injury was caused by an accident that happened due to a poorly maintained walkway in the hotel or if you contracted a form of food poisoning in the hotel restaurant, you are entitled to claim compensation against the travel agent. If the travel agent, hotel and companies involved in arranged activities are not at fault, they cannot be held responsible. You must be able to identify the person responsible for your injury in order for any claim to be considered.
If the accident occurred during specific sports activities that you have arranged with a local operator, other than your travel agent, there is no liability under the 1992 Package Travel, Package Holiday and Package Tour Regulations. Furthermore, potentially dangerous activities, such as diving, snorkelling, waterskiing, paragliding, and banana boat rides, are usually excluded from holiday package deals. Thus, if you suffer an accident while taking part in such activities, you may be unable to hold independent operators responsible for your injuries. Since many variables can affect a claim, one of our team of solicitors will need to review all the details of your case before a definite decision can be made.
Holiday abroad compensation claim advice
If you have suffered an injury whilst abroad, do not hesitate to contact one of the experienced solicitors working at Accident Advice Helpline. Experts in personal injury matters, our lawyers are able not only to provide accurate claim advice, but also to comply with the legislation that regulates injury compensation claims resulting from illness and injuries that happen abroad.
Date Published: October 16, 2013
Author: David Brown