If you have suffered from an injury abroad whilst you were on a Package Holiday, then the
Package Travel and Linked Travel Arrangements 2018 offer you protection. They apply to any
package sold from the 1st of July 2018 and the incident cannot have occurred outside the
agreement terms. the limitation period to make a claim is 3 years but it is always best to act
swiftly.
What counts as a package holiday?
According to the 2018 Package and Linked Travel Arrangements, a package holiday is
considered as a combination of at least two different forms of travel services, which
include:
- Transport, for example by coach, train, flights (excluding transfers from an airport)
- Accommodation, for example, a hotel, villa or apartment
- Car rental
- A tourist service such as tour guiding or a trip to a historical attraction, which makes up a
a significant part of the holiday due to the value or because it was an essential part of
your holiday
Your holiday is also considered a package if your travel company has asked you to pay a single price via a single payment
- Has allowed you to choose a combination of services, such as flight and accommodation,
before you agreed to pay for them - Has charged you an inclusive or total price for all the services you purchased
- Has ‘advertised or sold the travel services to you as a package or similar term
- Sold you one travel service, and then transferred your details, including your payment
details to another company which you then booked another travel service through in the
space of 24 hours.
What is covered?
You have legal and financial protection. The tour provider may be liable for general damages
which refers to the pain and suffering that you have experienced. Medical costs incurred as
a result of injury, such as domestic care may also be covered. Also, your Loss of earnings or
enjoyment on the holiday may warrant compensation.
Common accidents/injuries covered under the package travel arrangements include:
- Slips, trips and falls (at the resort/hotel or during travelling)
- Road Travel Accidents (as a driver, passenger or resident) or caused by a defective rental
Car. - Infections (likely relating to the use of a swimming pool)
- Food poisoning and illnesses caused by bad hotel hygiene
- Injuries on foreign transport and coach accidents abroad
- Accidents involving a swimming pool
- Travel accidents abroad, for example during sea or air travel
- Sporting injuries, for example, water sports, jet skiing and skiing abroad.
Linked travel agreements:
The level of financial protection is less than that offered with a package. There are some
protections if the travel company goes out of business. You will not benefit
from any of the rights applying exclusively to packages under the Package Travel
Regulations. Also, your complaints about each holiday service will have to be directed to the
individual service suppliers.
What counts as a Linked Travel Arrangement?
You have a linked travel arrangement if you have booked 2 or more travel services for the
same trip, but they are with different companies and you have paid for them separately.
Types of travel services covered by a linked travel arrangement include:
- Transport (such as a flight, coach or train but not transfers from an airport)
- Accommodation (such as hotel villa or apartment)
- Car rental
- A tourist service (such as a tour guide or trip to a historical attraction) where is a
a significant part of the holiday, either because of its value or because it is an essential
part of the trip.
It is also considered to be a linked travel arrangement if all of the following apply:
- You arranged the separate selection and separate payment of each of your travel
services. E.g. You book a travel service with one company and then another service with
a different company by clicking on a link from the first company. This means you
have separate contracts with the individual travel service providers. - You’re asked to give some or all of your details to the second company, for example, if it
has your name but you need to enter your card details. - You made the second booking within 24 hours of the first. For example, the company
arranged for you to make a booking for one travel service (for example a flight) and then
arranged for you to then be offered, in a targeted manner (such as through email),
another travel service from another trader (such as a car hire firm) which you then book
less than 24 hours later. - The trip is more than 24 hours or includes an overnight stay.
What is not covered?
Linked travel arrangements and packages that span under 24 hours, unless
overnight accommodation is included.
Making a claim
If you were injured on a package holiday, write to the customer service department of
the tour operator. Alternatively, if you booked a linked travel arrangement, you should
write directly to the accommodation or the service provider. The limitation period to
make a claim is 3 years but it is always best to act swiftly in case other regulations apply.
Most cases are settled out of court, but you are very likely to be eligible to bring the
claim to the UK if pursuing a UK tour operator under the 2018 Regulations.
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