Accident on a Package Holiday - Can I claim compensation?
Mulderrigs are the experts in claims for “Package Tour” Accidents.
If you are injured as a result of an accident on a package holiday, it may be possible to claim compensation if you can show that your tour operator should be held legally responsible.
The “Package Tour Regulations” (The Package Travel, Package Holidays and Package Tours Regulations 1992) have applied to all package holidays since 1992.
These regulations enable you to claim against the tour operator if certain conditions are met.
You can claim under these regulations if you were injured at the hotel (or on the cruise ship) included in the package, or if you were injured on an excursion or tour organised by your tour operator.
If your claim is successful, you can recover compensation for your injuries, for any financial losses and for the loss of enjoyment of your holiday.
Even if you did not travel as part of a package holiday, it may still be possible to bring a package holiday compensation claim against the person or the organisation that caused your injury or illness.
Illness on a Package Holiday - Can I claim compensation?
The same regulations that protect you in relation to an accident may also enable you to claim compensation if you become ill on a package holiday, where the illness is caused by poorly prepared food or poorly maintained facilities at the hotel.
These are the “Package Tour Regulations” (The Package Travel, Package Holidays and Package Tours Regulations 1992), which have applied to all package holidays since 1992.
Norovirus affects lots of package tour holidaymakers each year, and the source can often be traced to contaminated or poorly prepared food. The virus can cause very unpleasant sickness in sufferers. Many people begin to recover after two or three days, but some people have symptoms long after they return from holiday.
Legionnaires’ is a type of pneumonia or lung infection, which can cause serious illness and can sometimes even prove fatal. The germs which cause the disease can sometimes be traced to the cooling systems or showers in hotels that have been provided as part of a package tour.
We have represented lots of holidaymakers who have suffered these illnesses whilst in hotels and also acted for clients who have suffered illness on board cruise ships.
How do I claim?
We will be able to tell you very quickly, and free of charge, whether or not your claim for a “Package Tour” accident is worth pursuing.
If we agree to investigate your case we will suggest an early face-to-face meeting, so that we can get full details of what has happened.
All sides in a serious holiday claim have to abide by the rules of a pre-action protocol, which encourages the parties to settle the claim without ever getting involved in court proceedings.
If court proceedings are needed, we will arrange a meeting with a specialist barrister so that we can discuss all the evidence in the case carefully before any proceedings begin.
What should I do right now?
Do try to get hold of the names and addresses of any witnesses. This can be very important in the case of an accident on a foreign holiday, where witnesses can be harder to trace as time goes by.
Do take pictures of the scene of the accident, or ask your friends or companions whether they have any.
Do start gathering whatever documents you can to help prove your losses – the receipt for the holiday – receipts for medical treatment – wage slips and so on.
Do get in touch with Mulderrigs for some free initial advice.
How much compensation could I get?
As you might expect, the amount of compensation in a claim for a “Package Tour” accident depends on the extent of the injury and the level of any financial losses.
We will gather all the necessary expert medical evidence and documents to prove any financial losses.
In addition to compensation for injuries and financial losses, it may be possible to recover compensation for the cost (or part of the cost) of the holiday, if the holiday has ended up being ruined by the accident.
In our recent holiday claims, the level of settlements has ranged between £5,000 and £40,000.
How long will it take?
Most of our holiday claims are concluded within 12-18 months of the initial call.
This is because:
-The initial investigation by the tour company can take a while, just because they have to liaise with people overseas.
-The tour operators often deny any responsibility, at least in the early stages.
-It is necessary to gather expert medical evidence about any injuries.
-We often have to bring court proceedings for our clients in order to get the right amount of compensation for them.
But we won’t get our fees until the case is finished, so we will get on with things as quickly as we can!
How much will it cost?
If you ask us to deal with your case we will discuss the fee arrangements clearly and carefully before asking you to sign our terms and conditions.
Although other fee arrangements are available, “no win no fee” is usually the best option for our clients.
There are no “upfront” fees, no hidden charges, and we will never leave you out of pocket.
Most importantly, if you lose the case you pay nothing at all.
We have never had a complaint from a client in relation to fees.
Why choose Mulderrigs?
We have been representing clients in “holiday” claims for over twenyt five years.
We promise to speak to you in plain English.
We’ll come to see you at a time and place that’s convenient for you.
We have held the Law Society’s LEXCEL quality mark since 2002 (only around 5% of law firms have achieved this recognition).
In our most recent survey 97% of our clients described our service as good or excellent.