Under the Working Time Regulations 1998, you're entitled to take paid holidays. Unfortunately, many workers are denied holidays by their employers. Our employment lawyers are here to help if this has happened to you.
Personal injury
Can I claim compensation if I was injured on a non-package holiday?
If you or your holiday party suffer an accident abroad on a non-package holiday, you could claim compensation.
Many of us now choose to design and arrange our own holidays and do not chose a traditional package holiday. This can ensure the holiday suits your needs perfectly, and may make a saving for your pocket, but what can you do if things go wrong?
In past blogs we’ve advised how, in the unfortunate event of a holiday accident or illness, you would benefit from booking your accommodation, flights and any expeditions as part of a package holiday.
But what if misfortune strikes and you’re injured or suffer food-poisoning on a holiday that is not booked as a package?
How to pursue a claim for a non-package holiday
In many cases, if you are injured while abroad – whether you were on a package holiday or not – you can still pursue a holiday compensation claim once you are back home in the UK.
Claims for non-package holiday compensation work slightly differently; while holidays booked through a UK-based travel agent can be handled within the UK courts, claims for holidays booked without going through a third-party could need to be pursued through foreign courts. The exact process will differ depending upon which country you were in when your injury occurred and who could be deemed liable.
It is also important to note that the process for making a claim for an accident that occurred in the European Union has changed since Brexit. Where the Brussels Regulations once applied, allowing many claims for injuries to be brought in the UK, claims since the UK left the EU may need to rely on local legislation.
As a result, issues such as jurisdiction and time limits for making a claim can vary substantially from case to case, so it is critical that you contact a specialist accident abroad solicitor as soon as possible to get advice tailored to your circumstances.
What if I’m injured during the flight?
Injuries that occur during a flight – including embarking and disembarking from the plane – are covered by the Montreal Convention 1999, which sets out strict rules on how airlines must handle passenger claims and liability.
The Convention currently covers over 135 countries and territories worldwide, including the UK, all member states of the European Union, and a large majority of UN member states.
What happens if I’m injured during a sea trip?
While the Montreal Convention covers injuries during flights, injuries suffered at sea are covered by the Athens Convention 2002.
The Convention still requires passengers to prove that their injuries were caused by the negligence or malicious intent of the vessel’s operator or their agents and does not cover any periods during which the passenger is not boarding, on board or alighting from the vessel (including in ports or during excursions on land).
How we can help
If you or your holiday party suffer an accident abroad, our No Win, No Fee solicitors can help you with your claim for compensation.
To speak to a member of our family law team, call us on 0330 041 5869 or contact us online here and we will call you back.
All the above information was correct at the time of publication.
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