The “Package Travel, Package Holiday and Package Tour Regulations 1992” is powerful travel legislation that has helped thousands of holidaymakers make successful Holiday Accident and illness claims following their package holiday.
Simpson Millar Solicitors have assisted hundreds of travellers in making successful Holiday Compensation Claims against tour operators because they have been injured or become ill through no fault of their own at a hotel abroad. We specialise in helping holidaymakers unfortunate enough to have suffered injury or illness on holiday.
Talk to our travel law experts today using our free telephone consultation service where we can advise you whether your holiday was a package and how much you can potentially claim in compensation for your ruined holiday.
Freephone: 0808 145 1353 or fill in the enquiry form above.
The Package Travel Regulations enables you to make a claim against an overseas hotel even though your holiday was booked with a UK tour operator such as Thomas Cook, Airtours, First Choice and Thomson.
The Package Travel Regulations 1992 came into force, in part, because it was recognised that tour operators were attempting to avoid liability for Holiday Accident and injury claims, by saying to consumers that they do not own or operate the hotel where the incident took place.
The Regulations changed all that and since 1992 tour operators in the UK have been responsible for all aspects of the holiday, including the actions of hotel staff, the coach company, the aircraft – essentially any of the holiday company’s suppliers.
If you have booked a package holiday and you have an accident at a hotel, on a coach or during a cruise, you may be able to make a successful Holiday Compensation Claim against your UK tour operator.
Some of you may have been unfortunate enough to become ill whilst on holiday from food poisoning at your hotel or bugs in the swimming pool eg Salmonella, Campylobacter, Dysentery or Cryptosporidium – this can also be claimed for.
In order to utilise the benefits that the Package Travel Regulations 1992 offers, you must have booked a package holiday.
In order to determine whether you have booked a package, your holiday will needed to have been booked in the UK, and you will have been sold a holiday comprising of different services and facilities at one price.
So if you have booked accommodation, coach transfers and flights and you have been quoted one price for the entire holiday, the chances are you can sue the travel company if something has gone wrong.
The Tour Operator is responsible for something called the “proper performance” of the package holiday.
This technical jargon can be simply translated as meaning that your UK holiday company is responsible for your safety and it is their job to take measures to ensure that you do not sustain an injury on holiday or become ill at your hotel.
The Package Travel Regulations also force tour operators to give you all or some of your money back if they are unable to provide what they have promised. Also, they must return you to the UK if, while on holiday, there is a serious problem with your accommodation or your resort destinations becomes dangerous; due to adverse weather conditions, civil unrest, natural disasters etc.
Ideally, a claim against the tour operator should commence as quickly as possible and you should contact one of our Holiday Compensation Lawyers who can advise you about the merits of your claim as close to your return to the UK as possible.
The tour operators booking conditions will normally say that you must complain within 28 days if you want to make a holiday complaint.
However, you can still claim after 28 days for accidents and illness that happen at your hotel during a package holiday. In fact, you have 3 years to make a personal injury claim.
For flights and cruises you will normally have 2 years to make an accident or illness claim.
Note that if your accident or illness was not due to a service offered as part of a package holiday, you might have to sue in the country where the incident happened. In countries outside England and Wales, the law on the time you have to begin a claim can vary and in some cases be very short.
If you have had an accident, illness or injury and you think you have booked a package holiday, please contact us for a free telephone consultation. One of our experienced Travel Lawyers can talk you through whether you can make a successful claim.