If you have been injured abroad whilst on a package holiday as a result of an accident that was not your fault, you can make a claim for compensation in this country. This applies anywhere in the world whether you have booked a relaxing beach holiday in Spain or an adventure holiday in Guatemala.

The company you booked the holiday with is not only responsible for ensuring the holiday matches the description given when the holiday was booked but is also responsible for things that go wrong whilst you are on your holiday, to include accidents.

A ‘package’ holiday is defined as a pre-arranged combination of the following:

• Transport
• Accommodation
• Other tourist services

The package must be sold or offered for sale within the UK.

If you go on an adventure holiday then you must accept there are risks involved in the normal pursuit of the activities but, if you are injured as a result of something such as defective equipment, you can still make a claim even if you have signed a disclaimer.

If you have suffered from food poisoning you can claim against the holiday company as they owe a duty in respect of the food provided.

You have better protection if you have booked a package holiday but other accident claims can be made in this country. If you are injured on your flight to or from your holiday you may be able to claim direct against the airline. If you suffer an injury or illness aboard a cruise ship you can also make a claim against the cruise operator.

If you are injured on holiday as a result of a road traffic accident, you may also be able to claim in this country even if the person responsible has no insurance.

If you are able to claim under the Package Tour Regulations you have three years in which to do so but if your claim cannot be pursued as a package claim different time limits apply. If you have been injured or suffered an illness abroad then please contact us as soon as possible for an initial no obligation consultation.

Caption: Adam Lloyd. Solicitor – Personal Injury and Medical Negligence Department

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