The ability for people who have suffered an illness or accident on holiday abroad to make a legal claim for damages under the Package Tour Regulations 1992 and The Package Travel and Linked Travel Arrangements Regulations 2018 has provided individuals with important protections.
Going on holiday is seen as a time for relaxation and enjoyment; people often save up money and take time off work to experience new cultures, cuisines, and escape from the stresses of everyday life. However, accidents and illnesses can happen anywhere, and unfortunately, people may fall ill or suffer an accident on holiday due to the negligence of others or other unforeseen circumstances.
Am I protected if I suffer an accident on holiday?
In recognition of this, the UK has implemented various laws and regulations to protect individuals who book package holidays and provide them with the ability to make claims for compensation when they are involved in an accident on holiday. Two significant legislative acts that provide these protections are the Package Tour Regulations 1992 and The Package Travel and Linked Travel Arrangements Regulations 2018.
The Package Tour Regulations 1992 were introduced to ensure that individuals who book package deals are properly protected by their travel operator in the event of illness or an accident on holiday. These regulations apply to package holidays that have been pre-arranged and sold by a travel operator, where the customer has paid a lump sum for the holiday and it includes at least two out of three key components: transport, accommodation, and other tourist services, such as guided tours or excursions.
Under the Package Tour Regulations 1992, the travel operator is responsible for the proper performance of all the services included in the package holiday. This means that if a customer suffers an injury or illness due to the negligence of the travel operator or any of their suppliers, they may be able to make a claim for compensation.
To make a successful claim, the customer must prove that their injury or illness was caused by the negligence of the travel operator or their suppliers. This may involve gathering evidence such as medical reports, photographs, or witness statements. It is important to note that the claim must be brought within three years from the date of the incident.
New regulations
In 2018, The Package Travel and Linked Travel Arrangements Regulations were introduced to update and expand upon the protections provided by the Package Tour Regulations 1992. These new regulations apply to a wider range of holiday arrangements, including customised packages, where the customer has chosen multiple elements from a travel operator or different suppliers. They also cover “linked travel arrangements,” where the customer purchases services from different suppliers that are not sold as a package but are combined during the booking process.
Under The Package Travel and Linked Travel Arrangements Regulations 2018, customers who suffer injury or illness while on holiday can make a claim against the organiser or retailer of the holiday. The regulations outline the responsibilities of these parties to ensure the proper performance of the services provided and to provide appropriate assistance in the event of an injury or illness.
One of the significant changes introduced by The Package Travel and Linked Travel Arrangements Regulations 2018 is the requirement for organisers and retailers to have adequate insolvency protection in place. This means that if the travel operator or any of their suppliers become insolvent, customers will be able to claim compensation and get their money back.
These regulations also provide customers with clearer information and rights before and during their holiday. For example, customers must be provided with detailed information about the holiday package, including any potential risks and the address of a local representative who can provide assistance in case of an emergency. In the event of an illness or injury, customers are entitled to prompt and appropriate assistance, including medical treatment and repatriation if necessary.
Seeking Legal Advice
In conclusion, the ability for people who have fallen ill or been involved in an accident on holiday abroad to make a legal claim for damages under the Package Tour Regulations 1992 and The Package Travel and Linked Travel Arrangements Regulations 2018 is an essential protection for individuals. These regulations ensure that travel operators and suppliers are held accountable for their negligence and provide customers with the necessary assistance and compensation they deserve. It is important for individuals who have suffered an injury due to an accident on holiday to understand their rights and seek legal advice to navigate the claims process effectively.
Stonehewer Moss are a highly skilled team of Northwich solicitors who have gained accreditation from the Association of Personal Injury Lawyers (APIL). Our solicitors are committed to ensuring that you receive the maximum compensation for your injuries.
We offer a free, no-obligation consultation, and impartial legal representation based on a No Win, No Fee basis, providing you with complete reassurance. Our aim is to support you throughout the legal proceedings, ensuring that you have a smooth experience while achieving the best possible outcome.
To learn more about No Win No Fee claims, watch this short video.
Talk to our claims solicitor
Call us on freephone 0800 434 6544 or 01606 87 22 00
Email us at info@stonehewermoss.co.uk
