Package holiday injury claims: What are your rights?

A package holiday usually combines at least two different types of travel service for the same trip. These services can include:

• Passenger transport, such as flights or coach travel
• Accommodation
• Car or other vehicle hire
• Tourist services, such as excursions, guided tours or event tickets

The trip must generally last for more than 24 hours or include an overnight stay.

You might have bought all the services together for one total price. However, a holiday doesn’t always have to be advertised as a traditional package to qualify. Some holidays created through online booking processes can also meet the legal definition.

The way you selected the services, who you paid and when each booking was confirmed can all make a difference. Keep your booking confirmations and other travel documents, even if you’re unsure whether you bought a package.

No. A linked travel arrangement also combines at least two travel services, but you’ll usually have separate contracts with the individual providers.

For example, an airline might direct you to another website to book accommodation after you’ve bought your flights. How you completed the booking can determine whether it counts as a linked travel arrangement rather than a package.

Linked travel arrangements don’t provide the same legal protection as package holidays. If you’re unsure what you booked, a lawyer can review your documents and explain which rights apply.

Your main legal protection comes from the Package Travel and Linked Travel Arrangements Regulations 2018.

Under Regulation 15, The organiser is responsible for how the services in your package are delivered. This applies even when another business, such as a hotel or transfer company, provides the service.

This means you may be able to make a claim against the package organiser instead of having to take legal action directly against a supplier in another country.

However, being injured on a package holiday doesn’t automatically mean you’ll receive compensation. Whether you can make a successful claim will depend on what happened, the service involved and the legal or safety standards that applied.

Being injured or becoming ill on a package holiday does not automatically mean you can make a successful claim. We’ll need to look at what happened, which service was involved and the standards that applied where the accident took place.

To make a successful package holiday injury claim, you’ll usually need to show that:

1. The service connected to your accident formed part of the package.
2. The relevant supplier failed to meet the contractual, legal or safety standards that applied.
3. That failure caused your accident or illness.
4. You suffered an injury or financial loss as a result.

The standards that apply can depend on the country you visited. For example, a hotel or excursion provider may need to meet local legal or safety standards rather than those that would apply to a similar business in the UK.

This can make evidence about local laws, safety standards and practices an important part of a package holiday injury claim. Our international injury lawyers can work with lawyers and experts in the country where the accident happened to establish what standards applied and whether they were met.

An organiser may have a defence if the problem was:

• Caused by the traveller
• Caused by an unrelated third party and couldn’t reasonably have been predicted or avoided
• Caused by unavoidable and extraordinary circumstances

The specific facts will need to be investigated. You shouldn’t assume you can’t claim simply because the organiser or its insurer denies responsibility.

The service connected to your accident will normally need to have formed part of your package for the organiser to be responsible under the Regulations.

This might include:

• Your hotel accommodation
• Meals provided through an all-inclusive or half-board booking
• Airport or resort transfers
• Transport included in your itinerary
• Facilities provided as part of your hotel stay
• An excursion included in the original package
• An activity bought from or arranged by the organiser or its representative

A different claims process might apply if you were injured:

• During an excursion bought independently from a local business
• In a restaurant outside your hotel
• While using independently booked transport
• During an activity arranged directly after you arrived
• In a public place with no connection to your package

It isn’t always obvious whether an excursion or activity formed part of the package. How it was advertised, who took the payment and what the holiday representative told you can all be relevant.

Keep any receipts, tickets, emails and messages connected to the booking. These can help establish who provided the service and who might be responsible.

Hotel accidents

Hotels have a responsibility to provide their services safely and in line with the standards that apply in their country.

Hotel injury claims can involve:

• Slips and trips caused by damaged or poorly maintained flooring
• Wet floors without suitable warnings
• Defective balconies or handrails
• Broken furniture
• Unsafe swimming pools
• Poor lighting
• Faulty lifts
• Defective electrical equipment
• Unsafe hotel facilities

Photographs of the hazard can be particularly important. Hotel staff might repair or remove the problem soon after an accident, so try to collect evidence as early as you can. For a claim to succeed, we’d need to show the hotel didn’t meet the safety standard that applied in that country, and that this failure caused your injury.

Transfer and transport accidents

You may be able to claim if you were injured during transport included in your package. This could involve an airport transfer, coach journey or other organised transport.

The correct legal route will depend on the type of transport, where the accident happened and who provided the service. International rules might also apply. Whichever transport was involved, the same principle applies: we’d need to establish that the service didn’t meet the standard required and that this led to your accident.

Excursion and activity accidents

Package holidays can include activities such as:

• Boat trips
• Guided tours
• Water sports
• Diving
• Horse riding
• Adventure activities
• Visits to tourist attractions

If the activity formed part of your package and wasn’t provided safely, you can generally claim against the organiser. Here too, the key question is whether the activity provider failed to meet the safety standard expected of them, and whether that failure is what caused your injury.

If you bought the activity from an independent local provider, you might need to pursue a different business. This could involve the law and courts of the country where you were injured.

Serious and fatal injuries

Some accidents abroad result in life-changing injuries or, tragically, death.

These claims can involve urgent medical treatment, repatriation to the UK, rehabilitation, lost income and long-term care. Families might also need help communicating with overseas authorities, insurers and healthcare providers.

Early legal support can help protect important evidence while making sure you and your family receive clear guidance about what happens next.

You may still be able to claim if you booked your flights, accommodation or activities independently. However, the route to compensation can be more complex.

Your lawyer might need to establish:

• Which person or business was responsible
• Which country’s courts can hear the claim
• Which country’s law applies
• What local safety standards applied
• How long you have to start the claim
• Whether the responsible business has insurance
• How a settlement or court judgment can be enforced

An international injury claim requires more than translating documents. Your lawyer may need to work with lawyers and experts in the country where the accident happened to understand the local law and obtain evidence.

Don’t assume that being injured abroad prevents you from taking legal action. A specialist lawyer can review how you booked the holiday and explain whether you can bring the claim in England and Wales.

International injury claims can involve personal injury law, travel law and the law of another country. We know that this can feel like a lot to deal with while you’re recovering.

Our specialists can:

• Review your booking and establish whether it qualifies as a package
• Identify the organiser and any other responsible businesses
• Determine whether the service formed part of your package
• Collect evidence from the UK and abroad
• Work with foreign lawyers and local experts
• Arrange medical evidence
• Calculate how the injury has affected you financially
• Handle communication with the organiser and its insurer
• Explain your options in plain English
• Make sure your claim is started within the correct deadline

“Many people are surprised to learn that, where a holiday qualifies as a package holiday, they may be able to pursue a claim against the package organiser in England and Wales rather than dealing directly with a hotel or supplier overseas. However, these cases can still be complex and often require evidence about local safety standards and practices abroad. Obtaining specialist advice at an early stage can help clarify your rights and preserve important evidence.” – Ross Smith, International Injuries Team Lead

We’ll look at the full impact of your injury, including any treatment, rehabilitation or long-term support you might need.

An accident abroad can leave you dealing with pain, unexpected expenses and difficult questions at a time when you should’ve been enjoying your holiday.

At Fletchers Solicitors, our international injury specialists understand both the legal detail and what an injury can mean for your everyday life.

We’ll review how your holiday was booked, identify who might be responsible and explain the next steps clearly. Where necessary, we can work with lawyers and experts in other countries to investigate the standards that applied and gather the evidence your claim needs.

If you’ve been injured or become ill on a package holiday, contact us to find out how we can help.