Accidents on Holiday: legal rights and claiming for compensation

Having an accident on holiday can be a harrowing experience. You are in a foreign country where communication can be difficult, you don’t fully understand your rights and allowances, and you don’t have the comfort of familiar surroundings. In modern Europe an accident on holiday need not be such a trauma, and indeed throughout the world you should be in some ways cared for by assurances like the Package Travel Regulations Act.
Due to a lack of awareness as to rights and procedures not many people are aware that they can in some cases make a claim if they have an accident. All holiday providers must adhere to The Package Travel Regulations Act of 1992. If a package tour includes at least two of the following attributes – transport, tourist services, or accommodation – The Act will apply.
Initially though we should deal with precautions. European travellers should be in possession of the European Health Insurance Card (EHIC). This recently replaced the E111 form we grew familiar with. It grants you access to state subsidised health care throughout the European Economic Area at either a reduction or free. An EHIC will cost you a mere £14.99 and gives you peace of mind.
If you have had a holiday accident and feel you are entitled to make a claim, you must establish the defendant’s guilt, or negligence in some respect. Ideally, a witness statement is good testimony. Take phone numbers and e-mail addresses of fellow holiday makers who have been witness to any neglect and may therefore be able to back up your claim.
For your claim to be successful you need to be able to prove that the tour provider or whichever institution you are claiming against has been in some way liable. If you are on a tour or taking part in a surrounding activity you need to establish that the tour provider has breached their duty of care. Otherwise no claim should be pursued. Negligence is the key word.
Food poisoning is a common claim, as is injury caused through faulty amenities. It is important primarily to hold negligent providers to account and in turn gain the compensation you deserve.