Holiday Injury

I recently returned from my summer holidays in Spain. Unfortunately I sustained a serious injury at the hotel where I was staying. I cut my foot badly on a sharp tile at the hotel swimming pool. I attended the emergency room at the local hospital. I booked my package holiday through a tour operator but their representative did not offer me any advice regarding compensation for my injuries. 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 one’s 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.




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