What should you do if you are injured abroad?
Over 56 million Britons travelled abroad in 2011-2012 to work or enjoy the sea, sand and surf. Sometimes these trips don’t go as planned and you can suffer injuries while abroad which could cause repercussions to your long term health and quality of life. If these injuries were sustained in an accident that wasn’t your fault then you may be entitled to make a claim for compensation as a result of the accident. These claims would be made under the provisions of the Package Travel, Package Holidays and Package Tours Regulations 1992.
How do I know if I can make a claim against my travel provider?
In order to make a claim against your travel provider your holiday must satisfy the following criteria:
- The holiday must have been sold or been offered for sale within the United Kindgom. 2.
- The holiday must involve transport, accommodation or other tourist services accounting for a significant proportion of the package
- The holiday must have been pre-arranged and offered at an inclusive price.
- The duration of the holiday must have exceeded 24 hours.
If the holiday package satisfies the above provisions then it is likely the contract is covered by the legal regulations and your claim for compensation for personal injury may be brought against the travel company. The scope of your contract must be taken into consideration before legal proceedings take place however. Law provides that if the contract falls within the scope of the regulations implied contract terms provide an obligation for the Travel Company to ensure that the contracted is executed with reasonable care and skill.
What areas is my travel provider responsible for?
This means that the following, for example, are reasonable expectations which form part of the contract and if breached the Travel Company may be liable to pay compensation:
- The swimming pool will be reasonably safe for guests to use.
- The grounds of the hotel will be maintained with reasonable care and skill so as to avoid obvious tripping hazards.
- The hotel and/or the tour operator will warn guests of obvious risks of injury posed by hazards at or near the resort (Martens v Thomson Tour Operations).
- The driver of the courtesy bus will drive with reasonable care and skill.
- The tour operator ensure, where necessary, warn guests of natural hazards (Jones v Sunworld). For example, if you have tripped as a result of poorly maintained hotel grounds you may have a claim under the provisions of the Package Travel, Package Holidays and Package Tours Regulations 1992.
What would I need to prove for my claim to be successful?
We are would prove that the accident was a result of the actions/omissions of the UK holiday company with whom you booked your holiday or their representatives such as the hotel, transfer. The claim process would involve establishing the breach and that the company did not take reasonable care in executing the contract. In order to achieve this aim we would obtain medical evidence and witness statements.
Is there a time Limit to my claim?
If the above applies then you would make your claim against the holiday company/agent with whom you booked your holiday. There is a requirement that this claim is brought against the holiday company within 3 years of the date of the accident.
This article was written by Andrew Fullam for Claims National. Claims National is a work injury claim specialist who prides itself on excellent service and content.