I recently returned from my summer holidays in Spain. Due to circumstances outside of my control I spent a few days of my holidays at the local hospital. To cut a long story short my foot went through the wooden decking attached to our accommodation. The decking was old and some of it simply gave way when I walked on it. My leg was badly cut from my ankle to above my knee. I booked my package holiday through a tour operator but their representative did not offer me any advice regarding compensation for my expenses. Do I have to hire a Spanish lawyer to advise me of my rights it can I initiate legal proceedings from Ireland?
If you booked your holiday as a “package holiday” through a tour operator you may be able to make an 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. Consequently, the tour operator may be liable if the accommodation fails to comply with the standards of health and safety in that country.
Legal proceedings may be brought before the Courts in the country where the injured party resides or where the incident occurred. Obviously, it is preferable to bring proceedings in your own country.
It is important to engage a Solicitor as soon as possible to advise you on the best course of action to take. Please feel free to contact Byrne Carolan Cunningham dedicated Litigation Department in confidence for expert advice.