We are a specialist package holiday personal injury claims service for victims of illness and accidents on holiday abroad.
If you have been affected by a holiday illness or accident, see how the Package Travel Regulations 1992 can help you:
The Package Travel Regulations 1992 lay down rules that tour operators and holiday companies must follow and these rules are found in the company’s ‘booking terms and conditions’.
For a holiday to receive the benefit of protection under the Package Travel Regulations 1992 the package must meet the following definition:
Note: a cruise can constitute a ‘package’ because it covers both transport and accommodation.
The Package Travel Regulations 1992 set out information that must be provided by tour operators before a holiday is booked and after the booking and before the holiday starts.
This ensures tour operators and holiday companies are responsible for the ‘proper performance’ of holiday contracts including the services provided by suppliers such as airlines, hotels and cruise operators.
The Package Travel Regulations 1992 also ensure tour operators and holiday companies put enough money aside to make sure that if the company goes bust you will get your money back or if you are abroad you will get home.
When your holiday is protected by the Package Travel Regulations your UK tour operator assumes responsibility for ensuring that your holiday is provided to a reasonable standard.
Your tour operator is responsible for making sure its suppliers perform their obligations properly.
So if you are ill due to food poisoning or because of poor hygiene at your hotel or you suffer an accident that results in you sustaining a personal injury through no fault of your own your tour operator is responsible.
Equally, if your holiday is not supplied to a reasonable standard because, for example, there is building work at your hotel or the facilities are not available your tour operator is again responsible.
In each of these situations you have a right to claim compensation.
If you have suffered an accident abroad or during a flight or cruise you should seek legal advice urgently as the time limits for pursuing a claim vary.
The law in England and Wales allows a person 3 years from the date of an accident or illness to start court proceedings. For children under 18 and people with certain mental disabilities the rules are different.
If you suffered a personal injury onboard an aircraft or cruise ship the rules only permit 2 years to start court proceedings.
If your accident occurred outside England and Wales and is not protected by the Package Travel Regulations 1992 you could be subject to the time limits in the country where the incident happened. Time limits abroad can be very short. For example unless interrupted in Spain the time limit is usually just 1 year.
If your complaint concerns a breach of contract then in England and Wales the law allows you 6 years to start court proceedings.
Simpson Millar Solicitors are specialist Holiday Claims Specialists and can advise you if you have suffered an injury or illness whilst abroad during a holiday.
Our Holiday Experts have successfully represented holidaymakers involved in accidents abroad and food poisoning illness outbreaks at foreign hotels for many years.
If you have a valid claim our Personal Injury Lawyers accept compensation claims on a no win no fee paying basis meaning you pay nothing as we promise to limit our costs to whatever we recover from your opponent. If we lose we receive nothing.
Give us a call or send us an email and find out in minutes if we can help you and just how much compensation your claim might be worth.
When you trust Simpson Millar with your holiday claim you can rest assured that we will fight to achieve not only a successful outcome but also to maximise the amount of compensation you will receive.