I recently returned from my summer holidays in Spain. Unfortunately I sustained a serious injury at the hotel where I was staying. Having cut my foot badly on a sharp tile at the hotel swimming pool. I attended the emergency room at the local hospital. The representative of the tour operator from which I had booked the package holiday did not over me any advice regarding compensation for my injuries. Do I have to hire a Spanish lawyer to advise me of my rights or 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.
The Package Holidays and Travel Trade Act 1995(the “Act”) defines a package holiday 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.
The Act provides that a tour operator may be held responsible for all of the services provided as part of a package holiday including holiday accommodation. Consequently, tour operators may be liable if the accommodation fails to comply with health and safety standards in that country.
Legal proceedings may 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. In order for your solicitor 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.