We’ve all heard about or personally experienced the disasters of holidays gone wrong. From food poisoning and unhygienic hotels to wrongful travel and accommodation bookings, these experiences are more than just mere inconveniences. They can result in injuries and suffering, ruin your holiday and rack up the expenses.
Whether you are holidaying within in the UK or have an accident on holiday abroad, if you have booked your holiday travel and accommodation through a tour operator, they have a duty to provide you and your family a hygienic and safe environment to holiday in. From the airport to the hotel and back, it is the responsibility of your tour operator to take all precautions to minimise the potential for accidents. Whether you book a budget holiday or a luxury package, all tour operators add on considerable charges to your package as part of the fee towards their services. In return for that you expect a certain standard of service, especially when it comes to meeting health and safety regulations.
Unfortunately, things can go wrong despite taking all precautions.
Should You Chalk It Down To A Bad Experience Or Should You Claim For Compensation?
It’s surprising how many holiday makers are actually unaware about the personal injury clause and their right to file for compensation in case of any accident while they are on holiday. More often than not, they just put it down to a one-off bad experience and keep their fingers crossed that it won’t happen again. After all, the tour operator cannot be held responsible for an accident that happens miles away from home, can they?
The fact is, the tour operator is responsible for any accident that takes place on a holiday booked through them, no matter where it happens. Distance is no criteria. More importantly, you are entitled to claim for compensation and you should exercise this right.
Going on even the cheapest holiday can make a huge dent in anybody’s savings. However, despite our tight budgets, we still book occasional holidays just to spend time with our family, to relax, enjoy and create memories. When things go wrong, not only does it defeat the purpose of the holiday but it also means all of that money has gone to waste.
If the injury or suffering on holiday was not your fault but was because of somebody else’s negligence, whether it is the tour operator, the airline or the hotel, it is only fair that they compensate you for it. This compensation may include any medical expenses that you incur as well as any additional hotel and travel expenses.
When it comes to holiday accident claims, you have the backing of the law, which states that anybody who suffers an injury which was caused by another person is entitled to be compensated for their suffering. You should keep in mind though there is a strict 3-year time limit for filing holiday accident claims in the EU so time is of essence.
Types of Holiday Accidents You Can Claim For
You’ll be surprised at the types of holiday accidents that you may be entitled to claim for:
- Air, road, rail or sea travel issues
- Badly maintained hotel premises
- Food poisoning
- Hotel does not meet basic hygiene and safety standards
- Faulty fittings in hotel or transport
- Faulty rental car
- Excursion injuries
- Slips and trips in or around hotel premises
- Water sports accidents
- Collapsing furniture
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Post Accident Formalities
Whether you are at home or away from home on holiday, the post accident formalities remain the same.
First get medical attention for your injuries so your health and safety are not further compromised. Keep all medical records and bills to support your claim for compensation.
Create a record of the accident at the nearest police station. Get a copy of the written report.
Get the contact details of as many witnesses as possible so you have plenty of evidence to build a substantial case or else you may find yourself in a situation where it is your word against the person who was responsible for the injury and that is not enough to win a case.
Whether it was a faulty product, a road accident or lack of maintenance that caused the accident, get photographs that can serve as proof.
Keep all records, bills and expense receipts pertaining to the accident so you can get adequately compensated. Gathering as much information as possible will give you the best chance of winning your holiday accident compensation claim.
Finally, call a personal injury solicitor and present them with all of the information you’ve collected. Most lawyers operate under the ‘No Win, No Fee’ clause and if you have strong case, they will represent you without any upfront fee, which is one thing less for you to worry about. You will have to settle the lawyer’s fees only after you’ve won the case and received the compensation amount.