Holiday Accidents
Holiday Many accidents happen on holiday. These may be car accidents, slips and trips, food poisoning etc. However, also common are cases involving:
MISDESCRIPTIONS - Package travel regulations require that if brochures are issued by tour operators, any information in relation to certain specified matters must be accurate, such as the type of accommodation on offer and its location. If not they are liable to compensate the customer.
UNEXPECTED CHANGES TO THE HOLIDAY - A significant alteration to a holiday itinerary should be made known to the customer as soon as possible. If a tour operator has not done so he may be liable to compensate you, but each case will depend on its individual circumstances. Any term in a contract to the effect that the prices laid down in the contract may be revised is void unless the contract provides for the possibility of upward or downward revision and satisfies certain conditions.
CHANGES AFTER TAKE-OFF - Where, after departure, a significant proportion of the services contracted for are not provided, the tour organisers must make suitable alternative arrangements, at no extra cost to you, for the continuation of the package. They may have to compensate you for the difference between the services to be supplied under the contract and those actually supplied. If it is impossible to make such arrangements, or you do not accept these for good reasons, the organisers may have to provide you with transport back to the place of departure or to another place to which you have agreed, and may also have to compensate you.
Package travel regulations also make your tour operator liable for the proper performance of all services under the contract, irrespective of whether those services were to be performed by the tour operator or by other suppliers. So, if you have an accident in your hotel in Spain due to the dangerous state of the premises, your tour operators in Britain may be liable, although they personally had nothing to do with the hotel.
The best advice a solicitor can give anyone going on holiday is:
INSURE YOURSELF. Be sure to take out insurance against accidents and illness, cancellations etc before you go. If things go wrong, and financial compensation is not readily forthcoming, suing a British insurance company is much easier than suing a dubious cafe proprietor on the other side of the world. If you are not insured, the general rule is that the closer to home you require to take action (i.e. the UK or an EU-member country) the better the chances of getting a 'result' and the costs actually paid.
SURE START - Any claim - whether insurance related or not - will have a better chance of success if you start off on the right footing. With insurance companies, it is usually just a case of phoning or e-mailing for an official claims form. If the matter concerned is not covered by insurance, compile a full and detailed letter of complaint and send by registered letter (do not e-mail or telephone). Keep a record of all correspondence.
EVIDENCE IS POWER - Wherever possible, take photographs to provide a record of unclean accommodation, unsafe stairways, damaged bedroom-door locks, injuries, etc. Try to obtain supporting statements from fellow guests/travellers and take a note of their names and addresses. If the police are involved retain all forms and similar documents.
If the tour operator or your insurer will not meet the claim and you still wish to pursue the matter, give us a call. We will provide a free interview to ascertain whether or not there is a likely prospect of success. Depending on circumstances, we may be able to take on the case on a 'no win /no fee basis'. This means that if your claim is successful we take a fee, most or all of which is usually paid by the other side in addition to the compensation.
GOING TO COURT - The vast majority of claims settle out of court. If that does not prove possible and court is the only way forward, many victims of accidents give up due to a fear that they will be found liable to pay the other side’s heavy legal costs if they lose. Their solicitor may have been happy to do the case on a “no win no fee” basis, so at least they’re not getting a bill from him, but that is not much comfort when they get handed a bill for tens of thousands of pounds from their victorious opponents!
We have the solution to this problem.We can offer you ATE (After The Event) insurance, an ideal arrangement for the vast majority of litigants who have limited funds but nevertheless are left with no alternative but to seek justice in the courts.
If you have our ATE arrangement, we will not only handle the case on a no win no fee basis, but will also take out an insurance policy for you which pays your legal costs should the subsequent court case not be successful. In our scheme the premium will only be around £200 - £300. You don’t have to pay it until the end of the case, and only then if you have been successful, which of course means there is no loss to you at all if the case is unsuccessful. Outlays incurred during the case are also refunded if the result is unfavourable, so effectively you can pursue a court action in a completely safe place.The only requirement is that the case must have at least a 51% chance of success. We will assess this for you completely free of charge.
If you have had a “holiday from hell” and feel you have a claim, give us a call on 0131 222 8000.
