Package Holiday Injury: How to Hold Tour Operators Liable and Claim

Going on a package holiday should be a relaxing experience, but accidents can happen. If you’re injured due to unsafe accommodation, faulty facilities, or poorly managed excursions, you may be able to make a package holiday injury claim. Under the Package Travel and Linked Travel Arrangements Regulations 2018 (SI 2018/634), UK travellers are legally protected, and tour operators can be held responsible for the quality and safety of the services provided.

What Are Tour Operators Liable For?

Regulation 15(2) states that tour operators are responsible for the performance of all services included in a package holiday contract, even if those services are provided by third-party suppliers. This means:

• If a hotel’s negligence causes an injury (e.g. unsafe flooring, faulty equipment), the tour operator can be held liable.
• Operators cannot avoid liability by arguing that they subcontracted the service to another provider.
• Claims can often be brought in the UK, rather than in the country where the accident occurred.

This non-delegable duty ensures that holidaymakers have a straightforward route to compensation when they suffer an injury due to poor safety standards.

Defences Available to Tour Operators

While tour operators have a legal duty under the Package Travel Regulations, they may argue certain defences to avoid liability. These include:

1. The package did not fall under the regulations – If the holiday lasted less than 24 hours, was for business purposes, or was a non-profit trip, the regulations may not apply.
2. The injury was not their fault – Tour operators may claim that the injury was:
   • The traveller’s own fault.
   • Caused by an unrelated third party.
   • Due to unavoidable and extraordinary circumstances (e.g. natural disasters).
3. International conventions apply – Certain conventions, such as the Montreal Convention (air travel) and Athens Convention (sea travel), set different rules for liability.
4. A separate contract applies – If an excursion was booked directly with a supplier after arriving at the holiday destination, it may not be covered under the package holiday contract.
5. The operator took reasonable care – A common legal defence is that the tour operator did everything reasonable to ensure safety and that local standards were followed.

While these defences can complicate claims, we can help determine whether a valid claim exists.

Legal Challenges in Package Holiday Claims

Even when a claim is valid, proving liability can be complex, especially when dealing with foreign jurisdictions and local safety laws. Courts will often consider:

• Local safety standards – If a hotel’s pool tiles were slippery, for example, the claimant may need expert evidence showing they failed to meet that country’s building regulations.
• Defendants using local standards in their favour – If a tour operator argues that an injury site met local regulations, but the evidence is weak, it could backfire and strengthen the claimant’s case.
• Delays due to foreign suppliers being added as defendants – Many claims start against a UK tour operator, but they may bring the overseas supplier into the case, which can slow down proceedings.

Given these complexities, it is crucial to get legal advice as early as possible.

Making a Package Holiday Injury Claim

If you’ve been injured on a package holiday, you may be able to claim compensation. Follow these key steps:

1. Gather Evidence – Take photos, report the incident to hotel staff, and get witness statements.
2. Seek Medical Attention – Ensure your injuries are documented by a doctor.
3. Report to the Tour Operator – Notify them in writing as soon as possible.
4. Consult an Injury Solicitor – Our legal experts can assess your claim and advise on the best course of action.

If you’ve suffered an injury while on a package holiday, it’s important to speak to experienced solicitors for personal injury who understand the complexities of holiday claims. At Hatch Brenner, we have the expertise to navigate the Package Travel Regulations and pursue compensation on your behalf, even when incidents involve overseas suppliers or complex legal defences. We’ll help you build a strong case and ensure your rights are fully protected throughout the claims process.