If your tour operator breaches your holiday contract, which results in you suffering a personal injury then you are entitled to claim compensation for the pain and suffering experienced. Compensation may be claimed for any illness related pain and suffering or for injuries suffered as a result of an accident that has occurred whilst you were abroad on a package holiday.
"Pain" - is defined as the physical hurt or discomfort attributable to an injury or the consequential effect of the injury.
"Suffering" - can be defined as mental or emotional distress, which you may feel as a result of an injury. For example; anxiety, worry, fear, torment and embarrassment. Pain and suffering are usually considered together when assessing compensation.
It is also possible to claim additional compensation for any physical discomfort you have endured. This would include the physical inconvenience of being stuck at a busy airport for several hours.
Compensation for pain and suffering forms only half of any holiday claim. In addition, out of pocket expenses such as medical expenses, insurance excess, taxi fares and loss of earnings can also be claimed for.
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