What happens if you’re injured travelling to or from your holiday destination

What happens if you’re injured while travelling

If you’re injured while travelling, what happens next usually depends on how you were travelling at the time.

Different rules apply depending on whether you are:

• Travelling by aircraft
• Travelling on a cruise ship
• Utilising your resort transfer as part of your package holiday

Air and sea travel rules come from international agreements that many countries follow to deal with incidents involving accidents or damage to baggage during a flight or cruise. Because of this, there isn’t one single approach. Instead, responsibility is considered under the specific conventions that may apply and depending on whether you are injured or your baggage has been damaged. In practice, this means the same type of injury could be treated differently depending on how and where it happens.

Injuries during air travel and the Montreal Convention

The Montreal Convention governs international carriage by air and is an exclusive regime which covers injuries sustained during a flight or during the process of embarkation and disembarkation. Put simply, this is a set of international rules that airlines follow when a passenger is injured during an international flight. It sets out the liability upon the airline and creates a consistent approach across those countries who are signatories to the convention.

What counts as an “accident” during a flight

Under the Montreal Convention, an injury must usually be caused by an “accident”, meaning something unexpected or unusual. Examples can include:

• Items falling from overhead lockers
• Accidents involving hot food or drink service
• Incidents during boarding or leaving the aircraft
• Severe and unexpected turbulence

Not every injury during a flight will fall into this category. For example, normal turbulence without a specific unusual event may not always be considered an “accident”. This is a common point of confusion for travellers.

When an airline may be responsible

An airline may be responsible if:

• The incident took place onboard the aircraft or during boarding or disembarkation
• The injury was caused by an unexpected or unusual event
• The injury was external to the passenger
• The injury was caused by something outside the normal course of events

The Montreal Convention simply focuses on whether the situation fits within these definitions, rather than applying general everyday fault-based rules. If is established that an accident occurred then liability is strict and the airline is liable to compensate the passenger.

Injuries during sea travel and the Athens Convention

Injuries that occur at sea during a cruise are typically governed by the Athens Convention. In broad terms, the Convention imposes liability on the contracting and/or performing carrier for injuries suffered by passengers and for loss of or damage to their baggage.

Cruise travel explained

Sea travel rules under the Athens Convention distinguish between different types of incidents. These may include:

• “Shipping incidents”, such as collisions or serious faults with the vessel
• Onboard incidents, such as slips, trips or accidents in passenger areas

This distinction is important because it can affect how responsibility is considered for example, in the unlikely event of a collision, liability on the contracting carrier is strict whereas if you are injured onboard a ship due to slipping, or a similar accident, the onus is still on you to prove fault.

Injuries during your transfer which were booked as part of your package holiday

If you're injured while travelling between the airport and hotel, and the coach or taxi driver is responsible for the accident, you may be able to bring a claim against the holiday organiser, usually the tour operator, rather than pursuing the driver or their insurer directly.

This is because the Package Travel Regulations make the holiday organiser responsible for the actions of the companies providing services as part of the package, even if the organiser doesn't provide those services directly.

Differences between international travel rules

There are some clear differences between air and sea travel frameworks:

• Air travel focuses on whether an injury was caused by an unexpected event
• Sea travel separates incidents based on whether they are linked to the operation of the ship

How responsibility is handled across different types of travel

Responsibility is not handled in the same way for every type of journey. Instead, it depends on a combination of factors. These may include:

• The type of transport used
• Whether the journey is international
• How the travel was booked

For example, if your trip is booked as part of a package holiday, UK regulations may also apply alongside international travel rules. This does not replace international frameworks like the Montreal or Athens Conventions, but it can affect how responsibility is considered overall.

What can affect how an incident is dealt with

Several factors can influence how an injury during travel is approached:

• Where the incident happened - Whether it occurred onboard, during boarding, or at another point in the journey
• The type of event - Whether it qualifies as an “accident” under the relevant rules
• The mode of transport - Different frameworks apply to air and sea travel
• How the travel was booked - Package holidays can introduce additional considerations
• Available records of the incident - Information recorded at the time can help clarify what happened

These factors are considered together, which is why each situation is looked at individually.

Where to find reliable information

For more expert guidance and advice on injury claims involving planes, cruises and other forms of travel, visit our travel injury hub. Other trusted sources of information include:

• Official government travel advice for travel safety information and guidance.
• Airline and cruise operator policies, which set out their procedures for reporting incidents, complaints and claims.
• UK Civil Aviation Authority (CAA) for more information on air passenger rights, travel disruption and complaints.
• The Maritime and Coastguard Agency (MCA) for maritime safety guidance and information relating to sea travel.

Using reliable sources can help you understand your rights, how to report an incident and the steps you may need to take following an injury.

Common areas of confusion for travellers

1. Do all in-flight injuries count as accidents? No, only those linked to an unexpected or unusual event, that happen outside the usual operation of the aircraft, and which are external to the passenger. If these factors can be established, then liability for an injury is strict.
2. Are injuries sustained on a cruise treated the same way as injuries on a flight? No, different international rules apply and liability is only strict in very serious situations which means in most cases you must still prove fault on the part of the contracting or performing carrier.
3. Does UK law always apply when travelling abroad? Not always, international agreements often apply during transport but if you’re injured in a foreign country then the health and safety standards of that country will apply.
4. Does booking a package holiday change things? It can affect how responsibility is considered alongside international rules, but it does offer the best level of consumer protection for your holiday which makes things a lot easier if something goes wrong.

While the details can vary, understanding which set of rules applies to your journey can make it easier to make sense of what happens if something goes wrong while travelling.