Package Holidays and Accident Claims

Package holidays have become increasingly popular in recent years, with many discovering the benefits of buying a pre-arranged trip. Unfortunately, however, the package holiday experience does not meet everyone’s expectations, as some tour operators are failing to meet their legal responsibilities. If this negligence causes the paying customer to suffer harm, then legal action could be possible.

What Is A Package Holiday?

A package holiday is when a tour operator sells you the various components which make up your holiday. According to the regulations, the package must offer two or more different services. For example, included within the price may be:-

• Flights;
• Transport to and from the airport;
• Accommodation;
• Food and drink;
• Excursions.

Why Might a Tour Operator Be Liable?

When you purchase a package holiday, the tour operator from whom you bought it automatically has certain responsibilities which they are, under the terms of the contract, obliged to meet. This is a legal duty, the details of which are laid out in the Package Travel, Package Holiday, and Package Tour Regulations 1992. The regulations state:

The package provider “is liable to the consumer for the proper performance of the obligations under the contract, irrespective of whether such obligations are to be performed by that other party or by other suppliers of services”.

Therefore the elements of your holiday which have been arranged by the tour operator must be provided as stated in the contract. If there is a failure to adhere to the terms of the agreement, it does not whether it was the cabin crew, the holiday representative or local employees at the hotel who acted negligently. Ultimately, it is the tour operator who is responsible.

Furthermore, the tour operator must take steps to ensure the health, safety and well-being of their customers is not jeopardised. This does not, however, mean health and safety standards have to match those set out in the UK. Nevertheless, it does mean the tour operator must ensure:-

• Health and safety must meet local standards;
• Reasonable care is taken to provide a safe and secure environment (for the duration of the services purchased by the customer).

Making A Claim

If a tour operator fails to provide a service they have promised, or fails to protect the health and safety of their customers, then they have breached their legal obligations. If someone suffers an accident as a direct result of this, then they could be entitled to make a personal injury claim. Common package holiday accident claims arise from:-

• A poorly maintained hotel leading to injury;
• Poor hygiene standards leading to infection;
• Food poisoning;
• Slip, trip and fall accidents;
• Watersport accidents.

Personal Injury Lawyers in Edinburgh

For more information about making a holiday accident claim, contact McKay Norwell and speak to one of our legal experts. After an initial consultation, our solicitors will be able to assess your case before suggesting whether or not you are able to make a personal injury claim. If so and your claim is successful, you will be awarded compensation for the pain and suffering your accident has caused.

Simply call us for a free assessment immediately on 0131 222 8000 or complete the enquiry form on the right of this page and we will be delighted to help you.

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