If you have suffered an injury whilst on holiday it may well be that the tour package provider is liable to you to pay compensation. Whilst the time limits for pursuing claims of this nature can be different to a normal personal injury claim the principle to pay compensation does not differ vastly.
Ordinarily members of the public book their holidays through a tour package provider. Essentially a tour package is defined as the pre-arranged combination of at least two of the following when sold or offered for sale at an inclusive price when this service covers a period of 24 hours or more or includes overnight accommodation:-
- Other tourist services not ancillary to transport or accommodation and accounting for a significant portion of the package and:-
- The submission of separate accounts for different components shall not cause the arrangements to be other than a package;
- The fact that a combination is arranged at the request of the consumer and in accordance with his specific instructions (whether modified or not) shall not itself cause it to be treated as other than pre-arranged.
If your holiday was provided by a tour package provider then they must compensate you in the event that you sustain injury whilst on holiday as a result of negligence. Examples of injuries are:-
- Falling on a defective flooring in a hotel;
- Injury sustained whilst on day excursion;
- People who have sustained injuries whilst participating in sports and activities;
- Food poisoning or injury as a result of poor standards of hygiene
Unlike a normal personal injury claim as detailed on the web pages on our site when a Letter of Claim is sent to a tour package provider in the context of a claim made pursuant to the Tour Package Regulations then the recipient of a Letter of Claim will have 42 days to acknowledge receipt and six months to investigate liability. It is important to note however that the obligations upon the tour package provider to provide accommodation and standards are as per the regulations and law in the country in which the holiday was taken. Whilst this sometimes can impact upon the prospect of success with claims of this nature we have extensive experience in claims in this area. What is apparent now in relation to claims of this nature is that more and more of the British public are taking foreign holidays abroad and as a result claims against tour package providers are increasing significantly.
Can I claim
There are very strict time limits over and above standard limitation in relation to holiday claims. It is essential that you make prompt contact with us. Our experienced team will then be able to assess whether your claim has any merit.
As a result of The Limitation Act of 1980 this imposes a strict duty upon Claimants to pursue a claim within a strict period of time. Whilst there is provision to dis-apply the strict ruling for Limitation Act essentially you must pursue a claim within three years from:
- The date on which the cause of action accrued or;
- The date of knowledge (if later) of the person injured.
If a person dies before the exploration of the period mentioned above then the period applicable in respect of that cause of action surviving for the benefit of the estate of the deceased party is three years from:
- The date of death;
- The date of the personal representative’s knowledge;
Which ever is later.
For all cases involving children limitation will expire on their 21st birthday.
What can i claim for
The amount of compensation (damages) you receive is made up of:-
- “General Damages” which compensate you for pain and suffering and loss of enjoyment of life (PSLA)
- “Special Damages” which consist of your quantifiable financial damages. They sometimes include medical expenses, transport cost, nursing or child care costs (in some cases) and a claim for loss of earnings if appropriate.
- “Smith and Manchester Award”
This is where an award of damages is made for the weakening of the Claimants competitive position on the open labour market.
We would welcome the opportunity of discussing all aspects of your claim with you. We can discuss its merits free of charge. Please feel free to contact us on any of the modes of communication set out on our website. Not only can we discuss the merits of your claim but also methods of funding.
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