Holiday Claims and the Package Tour Regulations 1992
These claims can be difficult to run and often require that some thought is put into the potential injury claim whilst you are in resort if possible. Report the injury and obtain a copy of the report. Report the accident to the manager of the hotel and the travel company rep and take good quality photographs. Most phones these days are capable of taking evidence quality pictures. Obtain the names, addresses and phone numbers of any witnesses to either the accident having occurred or the defect, error or fault which caused it. Keep the holiday brochure from which the holiday was booked since the Terms and Conditions will be in the back or the front of that and we will need to see them.
One problem is that the applicable safety standard is the standard of the country in which the resort is situated. This is becoming less of a problem in Europe with harmonisation of applicable safety standards but out of Europe it can mean that some injury compensation claims may fail when local and not UK standards are applied.
Compensation claims can be brought:
- Against the travel agent for misrepresentation which induced you to enter into the holiday booking but it is unlikely though yet still possible that such would cause an injury to occur
- Against the package tour company for breach of the contractual obligations of the package tour company which resulted in the occurrence of the injury or breach by any of its suppliers arranged as part of the package under the Package Tour Regulations 1992
- Against a supplier of any excursions if these were supplied as an agent for the package tour company, for example vetted and approved excursions sold as part of the “welcome meeting”
- Against the carrier or airline under an international convention
Contact us for more information about holiday compensation claims and package tour regulations 1992.