Package Holiday Accident Compensation Claims

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Package Holiday Claims | 100% No Win No Fee

By Danielle Jordan. Last updated 1st September 2023. Welcome to our package holiday claims guide.

Going on holiday is supposed to be an exciting time. No one expects to come back feeling depressed and suffering from a serious injury. However, this can sometimes happen if the package holiday firm you have booked with has been negligent.

Your tour operator has a duty to provide you with a safe and healthy trip. If they have failed to do this, and you have been injured, you will be able to make a claim. Read on for further information.

package holiday claims

A guide to package holiday claims

Select a section:

  1. What is a package holiday?
  2. What to do if you get hurt when on a package holiday
  3. Examples of package holiday companies
  4. How to begin a package holiday injury claim
  5. Claiming for a fatal accident while on holiday
  6. Claiming for a car accident when on holiday
  7. Slips, trips and falls on holiday
  8. Claiming for an injury to your child
  9. We suffered food poisoning while on a package holiday can we claim compensation?
  10. What can be claimed for after an accident causing injury while on a package holiday?
  11. Compensation payouts in package holiday claims
  12. Claim For A Package Holiday Injury With A No Win No Fee Solicitor

What is a package holiday?

Before we look at package holiday claims, let’s look at what package holidays actually are.

If you have come down with an illness or sustained an injury while on a holiday that has been booked through a UK tour operator, you may have the basis for a personal injury claim. This is as per the Package Travel, Package Holiday, and Package Tour Regulations 1992. These regulations provide protection for people who suffer an illness or injury while they are on vacation.

These regulations state that a package holiday is any type of deal that consists of at least two of the following incorporated:

  • Accommodation.
  • Transport.
  • Other tourist services, for example, excursions make up a large part of the trip.

The Criteria For Package Holiday Claims

If you suffered an injury or illness while on holiday, you must meet certain eligibility criteria to seek compensation. In order to make a valid holiday illness claim, you will need to prove that negligence occurred. This means that you must be able to demonstrate that a duty of care was owed to you and when this was breached, you suffered an injury or illness, such as food poisoning, as a result.

For example, if you booked a package holiday deal, your provider owes you a duty of care under the Package Travel and Linked Travel Arrangements Regulations 2018. If you suffered an injury because of a breach in this duty, such as while on your flight or at your hotel, you may be eligible to seek compensation.

For enquiries about package holiday claims, please get in touch with an advisor from our team.

What to do if you get hurt when on a package holiday

Injury abroad what to do? If you have been injured while on holiday and wish to make package holiday claims, it is important to try and gather as much evidence as possible.

Of course, first and foremost, you need to get the appropriate medical attention. After which, you should contact your travel insurance provider. You should make note of everything that happened, take photographs of the accident location and your injuries, and get the contact details of anyone that witnessed the incident.

Examples of package holiday companies

In this section of our package holiday claims guide, let’s look at some companies that could be liable for your claim.

There are a number of package holiday companies providing their services for those living in the UK. This includes:

  • Cosmos
  • Virgin Holidays
  • First Choice
  • Thomas Cook
  • Travel Republic
  • Hays Travel
  • EasyJet
  • Travelsupermarket
  • Monarch
  • Lastminute
  • Onthebeach

If you have booked your holiday via one of the companies mentioned, or via a different package holiday firm, get in touch with us today to find out more about how to make a claim.

How to begin a package holiday injury claim

If you want to start the process of launching package holiday claims for an accident that occurred abroad, all you need to do is give us a call to get started. We will be with you every step of the way. When you call us, we will provide a free consultancy session. This gives you the chance to ask any questions you may have, and it also gives us the opportunity to ask you some questions too. This is simply so that we can find out the facts about your claim, enabling us to provide you with the best advice. We can also arrange a local medical for you if required.

Claiming for a fatal accident while on holiday

If a loved one has been involved in a fatal accident on holiday, you will be able to launch a claim for compensation on their behalf. This is something you are able to do if you are a family member of the deceased, or if you are a dependant of the deceased, i.e. the person that passed away provided for you financially.

There are a number of different things you can claim for when it comes to death while on holiday claims, including funeral expenses, general damages, punitive damages, medical expenses, a bereavement award, loss of benefits, future loss of earnings, emotional pain and mental suffering, and long-term adverse effects. We have many years of experience when it comes to fatal accident claims, and we can help you to get the compensation you deserve.

Claiming for a car accident when on holiday

If you have been involved in a road traffic accident that was not your fault while on holiday, you may be able to make package holiday claims for your subsequent suffering. This does not only relate to those travelling in a car, but also those using public transport, pedestrians, cyclists, and those travelling via motorbike. So long as you can prove that you were not to blame, you will be able to claim.

If you were injured while on holiday in Europe, the process of claiming is made a lot easier thanks to the 4th EU Motor Directive 2003. This dictates that all European cars need to be listed on one database. This makes it easy to find cars after an accident has happened.

However, if the car cannot be traced, you will still be able to make a claim. The same applies to cases whereby the party at fault does not have insurance. Under such circumstances, The Motor Insurers’ Bureau will pay compensation to the victims of road traffic accidents.

Slips, trips and falls on holiday

We deal with many different types of accident abroad international package holiday claims, including slip, trip, and fall claims. If you have been involved in a slip, trip, or fall while on holiday, and the incident was not your fault, you will be able to claim compensation. The most important factor in such cases is proving who is to blame for the incident. For example, the local government or council could be to blame if you tripped due to a bad pothole that hadn’t been cordoned off. Alternatively, a local business could be to blame if you slipped on an unmarked wet floor that was unmarked.

Claiming for an injury to your child

package holiday claims

package holiday claims

If your child has been injured on holiday, you can claim on their behalf. They are also able to claim once they turn 18. They will have three years from the date of their 18th birthday to do so. Nonetheless, it is better to claim sooner rather than later, as it makes the claim process a lot easier.

We suffered food poisoning while on a package holiday can we claim compensation?

Food poisoning is one of the most common illnesses and injuries sustained while on holiday, which you could be compensated for if you make package holiday claims. If you have sustained food poisoning or any other type of all-inclusive illness during your trip, and it was through no fault of your own, give us a call today to launch a claim.

What can be claimed for after an accident causing injury while on a package holiday?

If you have been injured while on vacation, you can claim for the following:

  • General damages – This is the amount of compensation you will receive for the pain and suffering experienced.
  • Medical expenses.
  • Travel expenses.
  • Loss of earnings.
  • Holiday claims loss of enjoyment
  • Care claim – If you have required help while around the house, the person that has cared for you will be able to file a claim.

The most common types of overseas holiday accidents

Some of the most common types of accidents that occur during package holidays and result in package holiday claims being made are as follows:

  • Sporting injuries abroad, such as watersports, skiing, or jet ski accident abroad.
  • Injuries caused by a defective or substandard rental car and other road accident abroad incidents.
  • Illness caused by poor hotel hygiene.
  • Boat accident abroad.
  • Excursion injuries abroad.
  • Food poisoning from a hotel buffet or restaurant.
  • Injuries caused on foreign transport or coach accident abroad incidents.
  • Swimming pool accidents abroad.
  • Wet flooring or misplaced objects that have caused a slip, trip or fall.
  • Allergic reactions, such as an allergic reaction after eating in Nando’s abroad.

Compensation payouts in package holiday claims

Settlements for successful package holidays claims may consist of two heads. These are called general and special damages.

General damages compensate for the physical pain and mental suffering caused by the injury. To help when valuing personal injury claims, legal professionals may refer to the compensation brackets found in the Judicial College Guidelines (JCG). This document lists guideline compensation amounts for different types of injuries.

In our table below, we’ve listed a few figures from the 16th edition of the JCG. It is only to be used as a guideline.

Injury Notes Compensation Bracket
Severe Knee Injury (ii) In this bracket, the claimant has constant, permanent pain, movement limitations and impaired agility from a leg fracture that has extended into the knee. £52,120 to £69,730
Severe Leg Injury – Serious (iii) This bracket includes injuries causing instability, prolonged treatment, non-weight-bearing for a long period, arthritis and extensive scarring. Injuries in this bracket in compound or comminuted fractures or joint and ligament injuries. £39,200 to £54,830
Severe Ankle Injury This bracket includes injuries that require extensive treatment and leave significant residual disability, such as ankle instability. £31,310 to £50,060
Less Severe Head/Brain Injury In this bracket, although the claimant has made a good recovery, there may still be some persisting problems that may interfere with their lifestyle. £15,320 to £43,060
Less Severe Arm Injury (c) This bracket includes injuries that caused significant disabilities but a substantial degree of recovery has occurred or is expected. £19,200 to £39,170
Moderate Back Injury (ii) Found in this bracket are injuries that cause backache or a prolonged acceleration and/or exacerbation of a pre-existing back problem. The award depends on required treatment and the impact on the claimant’s ability to function and engage with their lifestyle as well as the prognosis. £12,510 to £27,760
Less Severe Wrist Injury (c) In this bracket, the claimant has experienced a less severe injury that results in some permanent disability, such as persisting stiffness. £12,590 to £24,500
Nose/Nasal Complex Fracture (i) Found in this bracket are serious or multiple fractures that require surgery and cause permanent airway damage, nerve or tear duct damage or facial deformity. £10,640 to £23,130
Digestive System – Illness from Non-traumatic Injury (ii) This bracket includes serious, but short-lived symptoms of food poisoning, such as diarrhoea and vomiting. They diminish within 4 weeks, but some discomfort, bowel function disturbance and sex life impacts remain over a few years. £9,540 to £19,200
Minor to Moderate Elbow Injuries Found in this bracket are injuries that result in no permanent damage or functioning impairments. Up to £12,590

Special Damages

In addition to general damages, some settlements may also include special damages. This head of claim reimburses any financial losses incurred because of your injuries. To recover these losses, you should submit evidence, such as bank statements and receipts.

Some examples of special damages that might be included in a personal injury claim include:

  • Medical expenses, including the costs of medications.
  • Loss of earnings for any time spent off work to recover.
  • Care costs if you needed a carer to assist you, such as with washing, while recovering.
  • The cost of adaptations to your home, such as installing a wheelchair ramp if this was required to cope with your injuries.

Contact one of our advisors if you would like a free personalised valuation of your potential compensation for an injury on holiday.

Claim For A Package Holiday Injury With A No Win No Fee Solicitor

Have you suffered an injury as a result of somebody else’s negligence whilst on holiday? Compensation could be yours. Although beginning the claims process may seem daunting, our No Win No Fee solicitors will make every effort to ensure you are supported each step of the way. 

As they’ll offer you a Conditional Fee Agreement, which is a type of No Win No Fee arrangement, you usually won’t be charged a fee upfront or during the claim. Furthermore, you won’t be charged for their service at all if your personal injury claim is unsuccessful. 

If your claim is successful, your solicitor will take a percentage of your award. However, the success fee is subject to a cap under the Conditional Fee Agreements Order 2013. That way you won’t ever be overcharged for the success fee.

If you are interested in working with our expert solicitors on a No Win No Fee basis, or have questions about package holiday claims, please don’t hesitate to get in touch. Reaching out to us is free of charge and you won’t be obligated to continue using our services after an initial consultation with our advisors.

Below are just some of the ways you can contact us:

  • Call our free support line at any time on 0800 073 8804
  • Use our contact form to request a call back
  • Pop up to an advisor using our 24/7 live chat widget on your screen

Learn More About Package Holiday Claims

Below you can find some more useful links on package holiday claims.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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