Summer time is approaching and many of us will want to escape the rather unpredictable British weather and venture abroad. The majority of us live and work for most of the year looking forward to an annual summer holiday.  A week or 2 in the sun; relaxing on a beach or by a pool; sightseeing; exploring the local culture and cuisine or partaking in some sort of sporting activity. But what happens if it all goes wrong?

Having an accident and sustaining an injury during this sacred time can be devastating.  Your holiday may be ruined, dealing with foreign medical services may not be easy and ultimately the time you had looked forward as being the most relaxing time of the year suddenly becomes the most stressful.

Making a claim for personal injury won’t give you that time back but if you receive compensation you may be able to put it towards your next holiday which hopefully will be accident free.

So can you make a claim for compensation?

This will depend on a number of things including how you have booked your holiday. If you have an accident that wasn’t your fault and you have booked a package tour you may be able to make a claim in the UK for compensation from the tour operator.   The Package Travel, Package Holidays and Package Torus Regulations 1992 defines a package as:

“ the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:—

(a) transport;

(b) accommodation;

(c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package,

So, if you booked your travel and accommodation together then the chances are you would be able to instruct a solicitor in this country to act on your behalf to make a claim for compensation.   It doesn’t end there though as nothing is that simple.  For the tour operator to be held responsible the accident needs to  have been caused  by a fault that was in an area under their control, such as the hotel complex or on an excursion that was booked as part of the package.  For example if you tripped on ripped carpet in you hotel than the operator may be held responsible.  If however you tripped over a raised paving slab whilst on a walk around a local shopping centre the operator would not be held responsible.  In this case local law would apply and you would need to seek advice from a lawyer in the country of your holiday.

This is only the tip of the iceberg in terms of dealing with a claim for injuries that have occurred abroad.  If you require any further advice please contact us at enquiries@ralli.co.uk or through our website www.rallisolicitors.co.uk

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