PACKAGE HOLIDAY CLAIM
HOLIDAY INJURY

Package holiday claim law applies to most organisers, retailers and agents. The 1992 regulations give the traveller additional legal rights provided that they booked a pre-arranged combination of two or more items involving travel, accommodation or other substantial package of tourist facilities not ancillary to travel or accommodation.

In addition to protection under the above package holiday claim regulations there may be further protection afforded under the Consumer Credit Act if the holiday was booked using a credit card (not a debit or charge card) provided that the total value of the transaction exceeded £100 and that there is a bone fide claim against the seller.

The law requires the tour operator to use reasonable skill and care when making arrangements for their customers and in particular they must ensure that any description in a brochure, or given verbally, matches what is actually provided under the contract. This means that the operator must not only match the advertising in general terms but the quality of what is provided must be of a reasonable standard, taking into account the price paid and location. Failure to comply with the terms of the contract will entitle the traveller to make a package holiday claim for compensation.

Some operators attempt to charge ‘extras’ and in order to be enforceable these amounts must be clearly outlined in the initial documentation and should not be notified within 30 days of departure. If there is a significant increase the traveller should be given the option to cancel.

It does sometimes happen that there are large scale outbreaks of food poisoning in particular hotels or cruise liners. We are well versed in holiday injury claims and can give experienced advice in regards to individual legal action or on the setting up of a class action to deal with numerous claimants on the basis of group legal action.

A traveller may also suffer an individual holiday injury which may be due to negligence and this may thereafter be attributed either partially or in full to the tour operator. In these circumstances we are able to consider individual matters in detail and advise on liability. This advice may vary dependent on location as not all countries, especially those outside Europe and North America have a developed legal system and in addition enforceable standards of safety vary from country to country.

On rare occasions there are disasters which may affect a number of those on a pre-arranged package holiday including shipping and aviation accidents. These situations often involve numerous serious injuries and fatalities. Our solicitors are able to deal with disaster litigation arising throughout the world either on an individual basis or as part of well planned group legal action for a number of potential claimants.

If you have suffered a holiday injury as a result of a tour operators failures then you may be eligible for compensation. If you are interested in learning more about claiming then just use the helpline or complete the form and you will be contacted by a specialist solicitor. Our lawyers are all members of the Law Society panel of personal injury experts. This phone call is a no charge; no obligation consultation and you are free to decide whether or not to continue with the action.