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Holiday Accident Claims

Holiday Accident Compensation Claims
If you have an holiday accident or develop an illness on holiday, which was not your fault you may be entitled to make a holiday accident claim.

Holiday Injury Claims in the UK

If your holiday injury occurred whilst on holiday in the UK, it will be dealt with in the same way as any other claim for compensation.

Package holidays

In 2010, there were over 50 million visits abroad made by UK citizens. With so many people travelling abroad each year, it is perhaps not surprising that people get holiday sickness, illness & injuries.

If you have been involved in an holiday accident abroad or suffered from ill health you may be entitled to make a holiday sickness compensation claim against the tour operator who organised your package holiday.

Your tour operator may be liable to pay you compensation if your injury or illness occurred as a result of something going wrong with part of the package holiday.

A typical package holiday will consist of:

  • The flights to and from your holiday destination.
  • Transfers to and from the airport and your accommodation.
  • The accommodation for the duration of your holiday.

If you suffer an injury or ill health at any of the above points you may be liable to make holiday compensation claims.

The following is an examples of recent cases we have brought under the package tour regulations:

The claimant booked a flight and hotel in Cyprus. Due to a faulty air conditioning system she suffered Legionella pneumophila and was hospitalised and repatriated. The tour operator has agreed to compensate her for the hotel’s alleged negligence

Holiday Compensation Claims in other countries 

If you suffered an injury abroad whilst not on a package holiday, or if the injury had nothing to do with your tour operator you still may be entitled to make a compensation claim.

For example you may be an independent traveller or on a business trip when you are injured or become ill.

You may suffer an injury or illness for reasons which have nothing to do with your package holiday.

In these circumstances you may need to pursue your claim against whoever was at fault in the country in which you were injured or became ill.

This is a more complicated process than when claiming against a tour operator, however it is still possible and something we should be able to help you with.

Accidents on board a plane or boat

If you are injured whilst travelling abroad by plane or boat you may be able to make a compensation claim.

Your right to claim damages is determined by either the Montreal or Athens Conventions. These are international laws on air and sea  travel respectively.

The Conventions however are not straight forward and we would advise you to seek legal representation when  pursuing such claims.

The Montreal Convention can apply even when the accident does not occur in flight nor indeed on board the aircraft but in the course of embarking or disembarking.

There is also a strict two year time limit in which to bring claims under the Montreal and Athens Conventions.

Written by Stuart Kightley

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