Holidays are an important part of life, and most of us have to work hard to afford them. So, it’s important that the expense is worth it. Most of the time it is, and holiday goers will come back from an exciting country with loads of happy memories. However, this isn’t the case for everyone; in fact, some people find themselves pursuing accident abroad compensation claims, specifically tour operator claims.
Key Takeaways
- Tour operator claims are only valid if you are claiming for an injury that occurred on a package holiday.
- You usually have 3 years from the date you sustained the injury to make a claim.
- Compensation for tour operator claims is calculated on a case-by-case basis.
- The more evidence behind compensation claims, the stronger the cases will be.
- Here at Legal Expert, our solicitors offer their legal services on a No Win No Fee basis.
If you have any immediate queries regarding tour operator claims, please connect with our team using the contact details below:
- Ring us on 0800 073 8804
- Contact us online
- Have a conversation using our live chat
Jump To A Section
- Can I Claim Compensation Against A Tour Operator?
- The Amount Of Compensation Awarded For Tour Operator Claims
- What Are Some Examples Of Tour Operator Negligence?
- How Can I Prove My Tour Operator Was Negligent?
- What Time Limits Apply To Tour Operator Claims?
- Why Choose Legal Expert To Claim Tour Operator Compensation
- FAQs
- Learn More
Can I Claim Compensation Against A Tour Operator?
Yes, you can claim compensation against a tour operator, as per the Package Travel, Package Holidays, and Package Tour Regulations, which were established in 1992. These regulations create a statutory duty for tour operators to ensure the quality and safety of the services they offer as part of a package holiday.
Specifically, this duty extends to various aspects of the holiday, including accommodation, transport, excursions, and other activities included in the package. For example:
- A tour operator can be held liable for injuries caused by unsafe conditions in a hotel, faulty equipment during an excursion, or inadequate safety measures.
Your holiday abroad will fall under these regulations if the following apply:
- You paid one holiday company under one invoice for your trip.
- At least two of the following were combined: transport, accommodation, and another tourist service, for example, an excursion. These must have been booked together prior to your holiday.
- Overnight accommodation for more than 24 hours was included.
If the above applies to you, the travel company you booked your holiday through will be responsible for either your illness or injury.
Am I Able To Claim If I Didn’t Take Out Travel Insurance?
Yes, you may still be able to make a personal injury claim against a tour operator even if you didn’t have travel insurance. In these cases, the claim will typically be made against the tour operator’s insurance provider, not your personal travel insurance.
What If The Company Isn’t ABTA Or ATOL Protected?
Even if the company isn’t ABTA (Association of British Travel Agents) or ATOL (Air Travel Organisers’ Licensing) protected, you may still have grounds to claim. ABTA and ATOL are important; however, other options may be available depending on the specific grounds of your claim.
Can I Claim If I Was Made To Sign A Waiver Or Disclaimer?
Yes, you can still claim if you were made to sign a waiver or disclaimer. This is because negligence can occur, and neither a waiver nor a disclaimer can prevent such an occurrence from happening if the tour operator did not take adequate safety precautions.
If you would like to talk to someone about travel insurance, ATOL or waivers, please talk to us for free today.
The Amount Of Compensation Awarded For Tour Operator Claims
Tour operator compensation varies depending on the type of injury, severity and other case details. As a result, compensation is calculated on a case-by-case basis.
With that being said, the Judicial College Guidelines (JCG) are often referenced by personal injury solicitors. This is because the JCG is a publication that contains a collection of injuries, severities and their related compensation brackets. Consequently, your own legal professional might utilise the JCG to help determine how much compensation, in the form of general damages, you might be eligible for.
General damages are a head of claim which covers any pain and suffering you have experienced as a result of your injury. Below are several factors your personal injury solicitor will look into when calculating your general damages:
- The severity of your injury
- The impact on your quality of life
- The presence of psychological injury
- The need for invasive treatment
- Whether you have suffered disfigurement or deformity
- Whether you will encounter any pain or suffering in the future
Compensation Guidelines
We’ve provided a table below containing compensation brackets sourced from the JCG. Please bear in mind that the first figure in our table has not been taken from the JCG and that these compensation brackets are intended to function as a guide only.
| Type of Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple Very Severe Injuries with Special Damages (e.g. Loss of Wages and Care Costs) | Very Severe | Up to £1 million+ |
| Brain & Head | Very Severe | £344,150 to £493,000 |
| Moderately Severe | £267,340 to £344,150 | |
| Paralysis | Paraplegia | £267,340 to £346,890 |
| Back | Severe (i) | £111,150 to £196,450 |
| Neck | Severe (iii) | £55,500 to £68,330 |
| Elbow | A Severely Disabling Injury | £47,810 to £66,920 |
| Psychiatric Damage Generally | Moderately Severe (b) | £23,270 to £66,920 |
| Wrist | Permanent Disability | £29,900 to £47,810 |
| Shoulder | Serious | £15,580 to £23,430 |
Can Financial Losses Be Covered By Tour Operator Claims?
Yes, financial losses can be covered by tour operator claims via a second head of claim called special damages. This head of claim is intended to compensate for a financial loss or series of financial losses incurred because of your injury. We’ve provided some examples below as to what financial losses can look like:
- Medical bills
- Loss of earnings
- Future loss of earnings
- Travel costs
- Costs of care
- Adaptations to property
- Any other out-of-pocket expenses
If you believe your injury has brought about financial strain, you may be entitled to receive special damages, and your personal injury solicitor can make a request. However, your solicitor will require evidence in the form of documented costs:
- A copy of your wage slips or bank statements
- Medical bills, for example, prescriptions
- Travel receipts to and from the hospital or your GP
If you want to talk to us about special damages or tour operator claims in general, please get in touch for free today.
What Are Some Examples Of Tour Operator Negligence?
We’ve provided some examples below of tour operator negligence:
Hotel Accidents
- There’s a spillage in the lobby of a hotel, and a wet floor sign has not marked it. A guest slips and fractures their lower back.
- A hotel has failed to fix a piece of faulty equipment, which several guests have previously reported. An unknowing guest uses the equipment, which inevitably breaks and fractures their neck.
Excursion Accidents
- A parasailing company has failed to integrate proper safety measures by hiring untrained employees. An employee fails to secure the customer’s harness properly, the customer falls from a height and breaks several ribs from the impact of the water.
- A boat company has bought a cheap ramp which is not designed to withstand multiple people crossing onto the vessel at once. The ramp collapses and several people sustain multiple breaks and fractures.
Transportation Accidents
- A transport company has been using poorly maintained vehicles with mechanical issues. A car overheats and sets on fire causing serious burn injuries to the passengers.
- One of the drivers of a care hire company was drinking heavily the previous night and is now hungover on their morning shift. They cause a car accident with passengers inside who sustain whiplash.
Please bear in mind that these aren’t the only types of accidents that would qualify under tour operator claims. If you want to be informed about what other kinds of accidents can occur, please reach out to our expert team.
How Can I Prove My Tour Operator Was Negligent?
The most effective way to prove your tour operator was negligent is to collect as much evidence as you can to support your claim. Most importantly, you will need to be able to prove that your tour operator was liable for your injury and be able to show the severity of the harm caused.
A few strong examples of evidence to support a claim include:
- Medical records articulating a timeline of your injury and treatment
- Contact details of witnesses so your solicitor can gather witness statements
- A personal account of what has happened to you
- Photographs of any visible damage
- Copies of the booking or trip itinerary
Here at Legal Expert, we understand that the thought of gathering evidence can be overwhelming. Connect with one of our advisors, so we can tell you how we can gather evidence on your behalf.
What Time Limits Apply To Tour Operator Claims?
As outlined by the Limitation Act 1980, the claimant generally has 3 years from the date they suffered the injury to start a tour operator claim. Importantly, if you are prevented from claiming due to circumstances beyond your control, the court is not at liberty to provide time extensions. This is why we encourage any potential claimants to file their tour operator claims as soon as possible.
With that being said, the legislation does highlight exemptions to the 3-year time limit:
- An adult who lacks the mental capacity to file a tour operator claim independently. The time limit will be paused until the individual fully recovers this capacity, at which point the 3-year timer will commence.
- A minor who is too young to make a tour operator claim. They can start the claims process on their 18th birthday and have until they are 21 to file their claim.
In circumstances where the claimant is incapacitated or underage, a litigation friend can claim on their behalf. This is a legally appointed role typically taken on by a family member of the protected claimant. In this role, the family member will become responsible for any decision-making, representation, and communication with legal professionals regarding the tour operator claim. The important thing to know is that the litigation friend can claim on behalf of the protected person while the time limit is paused.
If you want to know whether your case falls within the legal time limit or want to learn more about tour operator claims in general, please talk to our advisors today.
Why Choose Legal Expert To Claim Tour Operator Compensation
At Legal Expert, our solicitors are backed by decades of experience and are committed to delivering tailored legal solutions to their clients. Their legal representation is also offered on a No Win No Fee basis via a contract called a Conditional Fee Agreement.
CFAs come with a wide range of benefits, including:
- You won’t have to pay any solicitor fees if your claim fails
- You won’t have to pay any upfront costs for solicitors’ fees
- You won’t have to pay a penny for solicitors’ fees while your claim is ongoing
If you secure a successful claim, your solicitor will deduct a percentage of the compensation as their ‘success fee’. As per the Conditional Fee Agreements Order 2013, the success fee is subject to a legal limit.
Our solicitors will also grant you access to a wide range of support services so that you can claim with confidence and clarity. Please find below a list of some of the services we have to offer you. We will:
- Tell you how likely your claim is to win
- Calculate a fair compensation amount which accurately reflects the harm done
- Gather evidence on your behalf and use that evidence as leverage in your case
- Secure an independent medical assessment to identify the severity of harm
- Liaise with the defendant’s solicitors and keep you informed at all times
- Follow all instructions accurately and meet every deadline promptly
- Draft the Letter of Claim to begin the claims process
- Negotiate a final settlement amount
- Instructing the right barrister to take on your tour operator claim if it ends up in court
The above lists of benefits and services are not exhaustive. If you want to find out what other benefits and support services we provide to assist our clients in filing tour operator claims, please get in touch using the contact information below:
Get In Touch With Our Solicitors
- Phone us on 0800 073 8804
- Contact us online
- Talk to us using our live chat
FAQs
What Is Tour Operator Liability Insurance?
Tour liability insurance is designed to compensate successful tour operator claimants.
Do I Need To Raise A Complaint To The Tour Operator To Have A Valid Claim?
No, you don’t need to raise a complaint to the tour operator to have a valid claim. However, it does strengthen your case by not only highlighting a timeline but also creating a paper trail.
Can I Claim For Accidents Whilst On Tour Operator Organised Excursions?
Yes, if you are hurt during an excursion arranged by a tour operator as part of a package holiday, they are responsible for the accident and any resulting injuries.
Can I Make A Claim Against A Tour Operator While on Holiday in the UK?
Yes, you can make a claim against a tour operator for an accident while on holiday in the UK, especially if you booked a package holiday.
Do I Need To Wait Until I’m Back In The UK To Claim?
No, you don’t need to wait until you’re back in the UK; however, if making a claim against a tour operator, you may want to instruct a solicitor back home.
What If The Tour Operator Is Not A UK Based Company?
Generally, yes, you are usually protected by Package Travel, Package Holidays, and Package Tour Regulations; however, claiming against a non-UK-based operator might involve navigating different legal systems.
We know that tour operator claims can present as complex and overwhelming when you’re not used to the legal jargon. That’s why we’re here to help make things easier for you. Our solicitors are dedicated to securing their clients the highest compensation possible for tour operator claims, as it’s only fair. Please contact our team of professionals today for free over the phone, online, or using our live chat.
Learn More
Some more guides by us:
- Have you suffered an injury abroad but made a reasonably quick recovery? Read our guide on minor injury claims.
- Did you get sick whilst on holiday? Read our guide on making a food poisoning claim.
- Have you suffered an injury whilst on a holiday activity? Read our guide on holiday excursion personal injury claims.
Some additional resources:
- Government guidance on travelling abroad from GOV.UK
- Have you been struggling with your mental health after a severe injury? Have a read of coping after a traumatic injury from the NHS.
- Familiarise yourself with the laws surrounding Statutory Sick Pay (SSP) from GOV.UK.
Thank you for taking the time to read our guide on tour operator claims.
