Getting injured while on holiday can be a total nightmare, especially if it wasn’t your fault. You should be soaking up the sun and having…
Package holiday compensation claims
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Package Holiday Claims
If you or a loved one were injured on a package holiday, whether in the UK or abroad, you may be entitled to claim compensation. Your tour operator owes you a legal duty of care and may be liable for accidents resulting from a substandard service.
Holiday accident claims include slips and trips in hotels, swimming pool accidents, car accidents during airport transfers and food poisoning. An expert solicitor can help you seek compensation for your pain and suffering, regardless of the type of accident or injuries sustained.
Call 0800 470 0474 today or request a call back to find out whether you have a valid package holiday claim during a free, no-obligation case assessment.
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Table of Contents
What is considered a package holiday?
A package holiday is a trip that lasts more than 24 hours or includes an overnight stay, and at least two travel services are sold together under a single contract. These could be:
- Transport – flights, bus or train journeys
- Accommodation
- Transfers and vehicle rentals
- Tourist services such as excursions to an amusement park
If booked through a tour operator based in the UK, package holiday claims are governed by the Package Travel and Linked Travel Arrangements Regulations 2018.
Your rights under the Package Travel and Linked Travel Regulations 2018
These regulations protect holidaymakers who book a package holiday in the UK and state that:
- You must receive clear details about the trip before booking it
- The tour operator is responsible for the services provided by third parties
- They must provide prompt assistance if you are in difficulty
- You may be entitled to compensation if your holiday was not provided with reasonable care and skill
Can I make a package holiday compensation claim?
You may be able to make a holiday accident claim against your tour operator if the following apply:
- You suffered an injury or illness during your holiday.
- Someone else’s negligence caused the accident.
- Your holiday was booked as a package under UK legislation.
- You are within the legal time limit to claim.
A personal injury solicitor who specialises in package holiday claims can review your case during a free initial consultation and advise you on your legal options.
Who is responsible for a package holiday accident?
Responsibility for an accident that occurs during a package holiday usually rests with the tour operator that sold the trip. They may be liable for compensation even if the negligent party was the hotel you booked through them, a resort or an airport transfer company.
Examples of negligence for which your tour operator may be liable include:
- Unsafe hotel conditions, such as broken stairs
- Inadequate food hygiene at hotel restaurants
- Poor safety measures during organised activities
- Road accidents caused by negligent drivers or faulty cars
- Using poorly trained third-party suppliers, such as boat operators
An experienced solicitor will be able to assess your situation and determine whether your tour operator may be liable to pay compensation.
What types of accidents can lead to a package holiday claim?
The most common types of accidents or illnesses whilst on holiday that could lead to a claim include:
- Slips, trips and falls in hotels due to preventable hazards
- Road traffic accidents during airport transfers
- Injuries during excursions and activities, such as trips to amusement parks
- Holiday food poisoning and allergic reactions
- Legionnaires’ disease and other illnesses caused by unsafe conditions
- Swimming pool accidents caused by poor maintenance or inadequate safety measures
- Accidents on flights, such as luggage falling from overhead lockers
- Other accidents, such as being hit by falling objects or faulty furniture
Any other accident or injury on holiday may lead to a claim, as long as negligence can be proven.
What is the time limit to make a claim?
Under the Limitation Act 1980 and the Package Travel Regulations, you can usually start a claim within three years from the date of your accident. This limitation period does not apply to:
- Children – The three-year period starts to run on a person’s 18th birthday, and a child injury claim can be made at any time before that.
- Mental capacity – The time limit is put on hold if the claimant cannot handle a claim.
- Fatal accidents – The three years begin from the date of death, not the accident date.
If you make your claim abroad, the limitation period in some countries may be shorter than 3 years, so you should talk to a solicitor as soon as possible.
What should I do if I am injured during a package holiday?
If you suffer an injury during a package tour, you should take the following steps to ensure you can easily make a claim for compensation later:
- Report the accident to the hotel staff and your tour operator.
- Take photographs of your injuries and the accident scene.
- Ask for the contact details of witnesses to the incident.
- Seek medical treatment and keep your medical records.
- Keep all your travel documents and receipts for expenses.
If you believe you are owed compensation, contact a package holiday claims solicitor as soon as possible. They will guide you through the claims process and provide tailored advice at every step.
If the package holiday company approaches you, you should not accept any compensation offers before seeking legal advice. Otherwise, you may accept an offer that is much lower than the actual value of your claim.
How much compensation could I receive?
Your compensation will be calculated based on the severity of your injuries and financial losses. Whether you had an accident abroad or in the UK, your personal injury claim will cover two types of damages:
General damages are awarded for pain, suffering and loss of amenity, including psychological trauma.
Special damages cover all financial losses and expenses incurred because of the holiday illness or injury, including:
- Medical treatments and rehabilitation
- Loss of earnings and earning capacity
- Travel expenses
- Cost of care and assistance
- Missed holiday activities
General damages are assessed based on the guidelines offered by the Judicial College. According to these, you may be able to claim the following amounts of compensation:
| Injury type | Description | Average payout |
|---|---|---|
| Ankle injuries | Ankle sprains causing ongoing pain and discomfort | Up to £16,770 |
| Collarbone injuries | Broken collarbone, depending on the severity of the injury | £5,200 to £42,110 |
| Wrist injuries | Wrist injuries causing long-term pain and disability | £10,040 to £31,220 |
| Leg injuries | Moderate leg injuries, such as simple tibia or fibula fractures | Up to £11,840 |
| Back injuries | Severe back injuries with permanently impaired mobility or loss of bladder control | £59,950 to £71,500 |
| Brain injuries | Serious brain injuries with a significant impact on senses and risk of epilepsy | £183,190 to £267,340 |
Can I make a no win no fee package holiday claim?
If you are entitled to compensation for a holiday injury or illness, you can make your claim under a no win no fee service. This means you do not have to pay your solicitor any upfront fees, and you won’t pay them at all if your claim fails.
If you receive compensation, your solicitor is entitled to a success fee for their services. This fee is agreed upon from the beginning and is capped at 25% of your settlement.
What evidence do I need to support my claim?
The types of evidence that you could use to start a claim and secure the compensation you deserve for your injuries include:
- Medical records confirming your injuries and any long-term effects.
- Accident reports made with the hotel or tour operator.
- Photographs or videos of the accident scene.
- Statements from witnesses who saw what happened.
- Your booking confirmations and travel contract.
- Proof of financial losses and expenses (receipts, payslips, etc.).
Your solicitor may be able to secure further evidence, such as CCTV footage, maintenance records from your accommodation or an independent medical report.
Frequently asked questions
Yes, you may be able to claim under the Package Travel Regulations even if you’ve suffered an injury abroad. If the holiday was booked as a package with a UK-based tour operator, you can usually make your claim in the UK under UK law, even if the accident occurred overseas.
You may claim for physical injuries such as broken bones, head injuries and lacerations, food poisoning, psychological trauma, illnesses and long-term medical conditions caused by holiday accidents.
If you booked your holiday with a UK tour operator, it is usually possible and better to make your claim in the UK. However, there may be cases when you could get more compensation if you pursue your claim abroad. Your solicitor will be able to advise you on the best course of action.
Yes, you could still make a package holiday claim, but reporting an accident as soon as possible strengthens your case. This makes it easier to prove that the incident occurred and you took steps to protect your health and safety.
If you did not report the accident, you could still support a claim with other evidence, such as photos of the accident scene and witness statements.
Yes. Package holidays booked online are still considered a legal contract between you and the tour operator. Make sure you have copies of your tickets, invoices, booking confirmation and any correspondence with your holiday provider.
Parents and legal guardians can claim compensation on behalf of their children as a litigation friend. Any compensation awarded is usually held in a court bank account or personal injury trust and released to the child on their 18th birthday.
There is no fixed timeframe for resolving a package holiday accident claim. Straightforward cases could take 6-9 months to settle, while complex claims where liability is denied, or injuries are severe, may take 12-24 months or longer.
The sooner you speak to a specialist solicitor, the easier it is to gather evidence and start your claim. For a free initial consultation, call 0800 470 0474 today or request a call back.
