If someone has an accident whilst on a package holiday either in the UK or abroad there is a possible cause of action under The Package Travel, Package Holidays and Package Tours Regulations 1992.The claim would be pursued against the tour operator, not the foreign provider of services who may have directly caused or been responsible for the injury. Thus the claim is brought in England with the benefits and convenience that provides.
A package holiday is defined as: where there is a pre-arranged combination of two or more components sold at an inclusive price ( e.g. travel and hotel accommodation or a show and accommodation) and may also cover shopping or theatre trips.
It is important that when an accident does occur the holiday representatives and hotel staff are notified as soon as possible. A careful record of events should be kept and an accident book entry made. Medical treatment should be sought promptly. Where the accident has occurred abroad photographs of the scene or cause of the accident should also be taken as this evidence is often crucial.
Common examples of such cases include food poisoning at hotel restaurants, slipping & tripping accidents on hotel premises and accidents involving transportation organised by the tour operator.
Compensation would be sought for the injuries sustained and the attendant financial losses that follow, however where one’s enjoyment of the holiday is also spoilt, then damages for the loss of enjoyment factor can also be recovered.
