If you have sustained personal injuries as a result of an accident whilst on holiday, you may be able to make a personal injury compensation claim, if the cause of the injury was not your own. If you booked your holiday as a “package holiday” through a tour operator you may be able to make a personal injury compensation claim against the tour operator for your injuries and any related financial losses.
A package holiday is defined under the Package Holidays and Travel Trade Act 1995 (the “Act”) as a combination of two or more of the following, when sold or offered for sale at an inclusive price:- (i) transport; (ii) accommodation; (iii) other significant elements of a tourist service nature.
Under the Act a tour operator may be held responsible for all of the services provided as part of a package holiday including holiday accommodation.
Legal proceedings may be brought before the Courts in the country where the injured party resides or where the incident occurred.
If you sustained personal injuries abroad and did not book your holiday as part of a package then legal proceedings must be brought before the Courts in the country where the incident occurred