When staying at a hotel, you expect to have a fun, carefree and memorable time. Whether you are on holiday, on a business trip, or…
Make a claim against Thomas Cook
If you’ve been injured while on a Thomas Cook holiday, you may be entitled to claim compensation with the help of a no win no fee solicitor.
We are a claims management company regulated by the Financial Conduct Authority.
Thomas Cook Accident Claims
If you were injured while on a package holiday booked with Thomas Cook, you may be entitled to claim compensation. Like all other tour operators, Thomas Cook owes holidaymakers a legal duty of care to provide a reasonable service and may be liable for any injury or illness resulting from their negligence.
Common holiday accidents include slips, trips and falls, swimming pool accidents, food poisoning, road traffic accidents, and injuries during excursions. A Thomas Cook accident claim could help you secure compensation for your pain and suffering, ruined holiday, and any other related financial losses.
Call 0800 470 0474 today or request a call back to find out if you are entitled to make a claim and how much compensation you could receive.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
Table of Contents
What is a Thomas Cook accident claim?
A Thomas Cook accident claim is a type of package holiday claim that can be made if you were injured during a holiday booked with Thomas Cook Tourism (UK) Limited.
Claims for package holiday injuries are based on proving that the tour operator failed to meet its legal duty to provide services with reasonable care and skill, and this failure has directly caused your injury. Examples include:
- Unsafe accommodation and facilities
- Lack of hygiene leading to illnesses
- Transport and excursion negligence
- Failure to warn you of known risks
If your accident occurred because reasonable safety standards were not met, you may have a legal claim for compensation.
Can I claim compensation for a Thomas Cook holiday accident?
You may be able to make a claim for damages if:
- You booked a package holiday with Thomas Cook.
- The tour operator breached their duty of care toward you.
- You had an accident caused by negligence.
- You suffered an injury or illness as a result.
A specialist holiday accident solicitor can assess your case during a free consultation over the phone and advise you on your legal options.
Who is liable for an accident on holiday?
Liability usually depends on whether the holiday was sold as a package. If you booked a package holiday with Thomas Cook, the tour operator may be legally responsible for:
- The accommodation’s safety standards
- Food hygiene practices
- The safety of transfer and travel arrangements
- Excursions and activities included in the package
This duty of care is set by the Package Travel and Linked Travel Arrangements Regulations 2018, under which travel companies may be liable for the services provided by third-party suppliers.
If you booked certain services independently, then your travel agent is not liable for your accident. In this case, you could make a public liability claim against the party at fault.
In some cases, claims can be brought through a statutory compensation scheme, such as the Criminal Injuries Compensation Scheme for victims of violent acts during holidays.
Time limits for Thomas Cook compensation claims
For the vast majority of claimants, there is a 3-year time limit to start a claim following an accident caused by Thomas Cook’s negligence. There are a few exceptions, including:
- Child injury claims can be made at any time before the child’s 18th birthday. Once they turn 18, they have another 3 years to bring a claim themselves.
- There is no limitation period if the claimant lacks the mental capacity to manage their own claim.
Starting a claim as early as possible helps preserve evidence and ensure you have the best chance of success. Furthermore, if you suffered serious hardship as a result, your solicitor may apply for interim payments and ensure you have access to the best rehabilitation.
How do I make a claim against Thomas Cook?
As with all personal injury cases, the claims process typically involves a few steps that your solicitor will guide you through:
- A free initial case assessment to assess liability and the strength of your claim.
- A review of the evidence you have and your booking documentation.
- Obtaining a medical report from an independent specialist detailing your prognosis.
- Sending a formal letter of claim to the defendant or their insurer and awaiting their response.
- Negotiating a settlement if liability is admitted (most claims are resolved this way).
- Issuing court proceedings and preparing for a court trial if you can’t settle.
- Receiving compensation for your damages if your case is successful.
How much compensation could I receive?
The amount of compensation you could be awarded will be calculated based on:
- Your pain, suffering and loss of amenity (general damages).
- The loss of enjoyment of your holiday and any other missed activities that you paid for.
- Private treatments and medical expenses, including travel to and from doctor visits.
- Loss of earnings during recovery or long-term earning capacity.
- Cost of care and assistance during recovery, even if provided by a loved one.
General damages are assessed based on the type and severity of the injuries suffered. According to the Judicial College Guidelines, you could receive:
- Food poisoning causing significant discomfort and pain (short-lived) – £3,950 to £9,540
- Concussions with minimal brain damage and recovery within 2-3 years – £2,690 to £15,580
- Painful bed bug bites that cause scarring and skin irritation – Up to £19,930
- Legionnaires’ disease causing severe symptoms and long-term complications – £24,950 to £48,080
- Wrist injuries resulting in significant long-term disability – £29,900 to £47,810
- Leg injuries such as multiple fractures or crush injuries – £33,880 to £47,840
- Extremely serious injuries resulting in death within 2-12 weeks – £15,300 to £29,060
Can I make a no win no fee claim for compensation?
If you are eligible to make a claim, our legal team will offer you a conditional fee agreement. This means that you will not be asked to pay any fees upfront or at any point during the claims process.
Moreover, there are no solicitor fees to pay if the claim is unsuccessful. If you win the case, a success fee will be deducted from your compensation and paid to them. This fee is agreed upon from the beginning and capped by law at 25% of general damages and past financial losses.
Evidence needed to claim compensation from Thomas Cook
You should ideally gather as much evidence as possible to prove how your injuries occurred and their impact on your life, including:
- Medical reports – These are key evidence to prove the nature and extent of your injuries, treatment and recovery prospects.
- Photographic evidence – You should take photos of the accident scene, hazards and your injuries (immediately after and during recovery).
- Witness statements – Testimony from independent witnesses can significantly strengthen your case.
- CCTV footage – If security cameras captured your accident, the footage can provide strong evidence of how it happened.
- Accident reports – A copy of an accident report filed with the business where you were injured or with Thomas Cook.
- Other documents – Your booking confirmation, any correspondence with the tour operator and proof of financial expenses, such as receipts and payslips.
Types of accidents that may lead to a personal injury claim
Common Thomas Cook holiday accident claims include:
- Road traffic accidents – These can occur during airport transfers, organised transport or excursions included in your holiday package.
- Slip, trip and fall accidents – Often caused by wet floors, uneven surfaces, poor lighting and inadequate maintenance in hotels, resorts and restaurants.
- Swimming pool accidents – May result from broken tiles, slippery surfaces, missing warning signs or a lack of supervision.
- Accidents during excursions – Accidents during organised activities such as scuba diving, rock climbing or trekking that are poorly organised or supervised.
- Falling object accidents – These may happen if displays, fixtures or stored items fall and hit you or if furniture or structures collapse.
- Holiday food poisoning – Food that is improperly stored, cooked or handled can lead to gastrointestinal illness during your holiday.
What injuries are covered by Thomas Cook accident claims?
Thomas Cook may be liable to pay compensation for injuries suffered by holidaymakers due to their negligence, ranging from minor burns to severe brain trauma. The most common types of injuries include:
- Broken bones and dislocations
- Head and brain injuries
- Neck and back injuries
- Cuts, bruises and lacerations
- Sprains and strains
- Water-borne illnesses
- Drowning and near-drowning injuries
- Food poisoning and allergic reactions
Can I claim if my accident happened abroad?
Yes. In fact, many claims against Thomas Cook involve holiday accidents abroad. Since your holiday was booked with a UK-based travel company, you will usually be able to make your claim in the UK, even if your accident happened abroad.
This offers important advantages, such as:
- Being able to claim under UK law
- UK limitation periods
- Legal proceedings are conducted in English
- No need to navigate a foreign legal system
This makes the process significantly more straightforward and accessible, but it only applies if you booked a package holiday.
How a solicitor can help with your Thomas Cook claim
Starting a claim against Thomas Cook can involve complex issues, especially if the accident occurred overseas. A specialist personal injury lawyer can guide you through the process and help protect your legal rights. They will:
- Confirm whether your booking qualifies as a package holiday
- Investigate how the accident happened and gather supporting evidence
- Value your claim correctly and negotiate a fair settlement
- Handle all communication on your behalf and keep you updated at every step
- Issue court proceedings and represent you in court if needed
If you were injured on a holiday booked with Thomas Cook, give us a call today on 0800 470 0474 for a free, no-obligation case assessment. Or, if you prefer, use our online contact form to request a call back.
