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Nothing compares to a vacation abroad, yet accidents do happen.  Can you bring a claim within England and Wales if you are injured abroad? Generally, you can only sue out of the jurisdiction if you can show that the Claimant has a real connection with England and Wales, but these claims can be difficult (and expensive) unless the vacation is part of a holiday package.  A package holiday is where a person books several elements, including accommodation, transportation, and frequently food and drink packages through a travel operator. 

Travelers who are on package holidays have the right to file a personal injury claim against tour operators in England and Wales under the Package Travel, Package Holidays and Package Tours Regulations 1992 (‘the Package Travel Regulations’).  This is advantageous since it eliminates the need to deal with a foreign legal system or the possible challenges of bringing a claim against a foreign hotel.  The courts in England and Wales will hear your claim against the tour operator.

You may be eligible for compensation if you are harmed by someone else's actions while accessing any amenities that your tour operator has included in your package.  This can cover injuries received while at your hotel, on the way to your lodging, or even on a prearranged excursion.  You may be entitled to compensation for any financial loss you have suffered as a result of your injuries, medical bills, and disrupted holiday enjoyment.

Furthermore, you may be entitled to

• Get the right medical care for your injuries as soon as possible. This will usually be paid for by your travel insurance, but they may be able to seek reimbursement from the Defendant.
• Get assistance with return travel.
• When you return to the UK, request compensation for your pain and suffering as well as any lost wages.

In order for your claim to be successful, you must demonstrate that the tour operator did not carry out their duties under the holiday contract with appropriate care and expertise.  It may be the consequence of their own carelessness or that of their provider, like the hotel where you were staying.

Steps to prove liability

• Take pictures of your injuries, the accident location, and any other relevant details.
• Obtain the contact information and statements of any witnesses to the accident, if you can.
• Obtain medical records that describe your injuries and any care you got. This may be crucial evidence of how serious your injuries are.
• Gather all booking documentation, such as terms and conditions, that can prove the service provider's such a hotel or tour operator liability.
• All correspondence with your travel insurance provider and the responsible party or parties should be documented. This might apply to letters, texts, or emails.

Here at BULAC we can advise on personal injury matters. Please call 01248 388411 or email bulac@bangor.ac.uk for an appointment