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Holiday Claims

You are about to book your holiday. Whilst we sincerely hope you will enjoy your time on the slopes or in the sun, should misfortune befall you, these are the matter that will be relevant.

Many people often do not know how, or who to claim against when they suffer difficulties when on holiday abroad.

The Package Travel, Package Holidays and Package Tours Regulations 1992 provide that the UK tour operator is liable for proper performance of the contract, including liability for actions on its agents abroad ( Regulation 15).

Essentially, the tour operator has ultimate responsibility to ensure the individual suppliers deliver their services properly. Otherwise, the tour operator can face a direct claim from a customer for any damage caused.

When can the Regulations be Used?

There are a number of instance in which the Regulations can be used and these are:

  • Where the package is domestic;

  • Packages involving trips to other EU countries;

  • Packages sold in the UK to other non-EU countries, where the departure location is in the UK; and

  • Packages sold in the UK with no connection to the UK or any other EU country other than the fact they were sold in the UK e.g. inter-American holiday package

The Regulations apply equally to whether your holiday was booked through a travel agent or an online package site such as Expedia.

As a result, there are numerous heads of losses under which you can claim:

  1. Disruption due to Building Works

  2. Changes made to a booked holiday

  3. Withdrawal from or alteration of a holiday contract

  4. Post departure changes

  5. Loss of value between the value of the holiday you paid for and the one you actually got

  6. Out-of-pocket expenses resulting from a breach of the contract

  7. Personal Injury

How to Ensure Your Claim is Successful

For the regulations to apply, your holiday must first satisfy the definition of "package holiday" found under Regulation 2:

The pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and the service covers a period of 24 hours or includes overnight accommodation:

  1. Transport;

  2. Accommodation;

  3. Other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package

Once the above has been satisfied, there are a number of steps you can take to ensure you have all the relevant information necessary to ensure a successful claim:

  1. Video the location on your mobile phone or other mobile device

This will enable your representative to adequately identify the location of your claim whether it regards to building works, personal injury etc.

  1. Contact your rep locally and in the UK and follow this up with an email .

By doing this, you show that you were aware of the breach straight away and there is evidence to show you reported same.

  1. Measure the defect

Measuring the defect will provide your representative with accurate details.

  1. Contact witnesses and collate all witness evidence at the time and clarify whether the witnesses have an email or are part of social media.

This will enable the witnesses to provide evidence once back in the UK. Additionally, as you often meet people from different locations in the UK this makes it easier to contact them.

  1. Medical Evidence

Where you are claiming for any personal injury sustained, attempt to obtain your medical records before you return to the UK from the hospital or general practitioner where you were treated. Additionally, if possible, have them translated in to English.

  1. Ensure you have the correct name and postal address of the hotel/location of the incident

Many hotels change their names during the winter and it is imperative that you have the correct information in order the claim to be pursued against the correct establishment.

  1. If you were assaulted abroad, ensure you have the full address of the local police station

This will enable contact with the other Country easier and may also help to obtain necessary information and evidence quickly.

  1. Keep a record of all out-of-pocket expenses

A record of receipts is imperative and some examples of expenses include:

  • Taxi Fares e.g. travel to the hospitals etc.

  • Value difference in flights if you have to miss your original flight or have an earlier flight home.

  • Additional accommodation costs

  • Food and drink costs for additional time spent on holiday.

  1. Email the UK from the Foreign Country

  1. Ensure you have the correct names of employees within the hotel, hospital etc.

When in a foreign Country, with the language barrier, it is always very difficult to spell the names of the people you meet. However, having accurate spellings of the same will enable evidence to be collated easier and contact with the establishment easier also.

It is always very daunting to pursue a claim against establishments in Foreign Countries, however, so long as you follow the basic steps detailed above, you should have the necessary information to begin a potential claim.