If there’s one thing the majority of British people enjoy, it’s a holiday. And booking your holiday as a package means less time spent arranging the various elements of the holiday (flights, transfers, accommodation) separately and more time on looking forward to a hard-earned break in the sun (or snow).
When booking a holiday, you expect the quality of holiday that you pay for. However, like all other circumstances, accidents can sometimes happen which lead to injury or illness which are not the fault of the holiday-goer.
Getting injured or becoming ill in another country often causes confusion amongst the innocent parties as to whether they have any legal grounds to be compensated, especially if the accident or illness was caused by no fault of their own. Thankfully, the Package Travel and Linked Travel Arrangements Regulations 2018 provide protection to those who purchase a package holiday.
It’s important to remember that this level of protection only applies to package holidays. Your holiday will be classed as a package holiday if:
• it was advertised as a package or all-inclusive deal
• you bought the holiday for an inclusive or total price
• you bought more than one part of your holiday, such as flights and accommodation, from one company with one payment
• after booking one part of your holiday, you were prompted to buy another, and your personal and payment details were transferred so you didn’t have to enter them again. You completed this all within 24 hours of the first booking.
In summary – if your holiday looked like a package deal when you bought it – it probably will fall under the scope of these regulations.
The regulations also give some protection to Linked Travel Arrangements. However, the level of protection given to these types of holidays will not cover unfortunate accidents or illnesses.
A claim brought under the regulations can be made against the tour operator (the company who sold the package holiday), even if the negligent party was actually based in a foreign country. Therefore, the negligent act must be linked directly to the accommodation, travel or event that you purchased through the tour operator.
For example, if you went on a package holiday to Mallorca and slipped on a wet floor in your hotel, your claim can be brought directly against the business who sold you the holiday, even if the hotel was responsible for not mopping the floor.
One important point to note is that whilst your claim will be brought under the Law of England and Wales, the local health and safety standards of the country where the accident happened will apply, which might be lower than the standards of health & safety we enjoy in England and Wales.
If you’ve been injured or become ill whilst on a package holiday, and you want to know if you have any way of being compensated for the suffering you have endured, contact us on 01443 454919 or simply email us at firstname.lastname@example.org to speak to one of our specialist personal injury solicitors.
JNP Legal offer a variety of legal services. Our Merthyr, Nelson & Llanishen office is open Monday to Friday 9am – 5pm and our Merthyr Tydfil Office is open 9am – 12pm every Saturday morning.
If you are unable to attend our offices we would be more than happy to arrange a home appointment, where convenient.
We value our clients and pride ourselves on our ability to offer a first class service.
If you require our assistance with any legal matters please call us on 01685 350421 (Merthyr Tydfil Office) 01443 450561 (Nelson Office) or 02920 763211 (Cardiff Office) or contact us via email on Law@jnplegal.org.