If you have sufferred an accident or personal injury whilst on a package holiday the tour operator may be liable in damages to you for any loss and damage caused by the accident under the Package Travel, Package Holidays and Package Tour Regulations 1992.
This little known piece of legislation provides that a package tour operator is liable to the consumer for any damage caused to him by the failure to perform the package holiday contract.
The regulations only apply to package holidays and tours. The regulations do not apply to airlines who are only providing flights or to hotel proprietor providing accomodation only. They do apply to airlines who provide a package comprising accomodation and flight. The regulations also apply where the tour operator provides a combination of two of the three categories: (1) travel; (2) accomodation and; (3) tourist services which account for a significant proportion of the package.
The regulations apply to your tour operator even where the tour operator sub contracts the performance of the holiday to third parties such as other airlines or hotel proprietors.
The regulations only apply to package holidays booked in the United Kingdom but the destination of the holiday is irrelevant whether it is abroad or in the U.K. Consumers injured abroad can raise a claim in their local court.
The regulations do require the consumer to establish who was to blame for the accident. This can be a daunting task for the consumer and expert legal advice and assistance will be required in order that a relevant claim can be formulated under the regulations. The Regulations do force the tour operator to investigate the safety of a hotel.
If you have suffered an accident on holiday due to the fault of the hotel or tour operator or someone acting on their behalf then it is best to call our personal injury lawyers now or fill out our online enquiry form.
Our recovery services are provided by our expert personal injury law solicitors and advocates on a 'No Win No Fee' basis for your peace of mind.