The opportunity for foreign travel has never been so good and every year thousands more people are taking the opportunity to benefit from budget airlines.
 
Unfortunately, accidents do happen abroad.  Many people might not be aware of their entitlement to pursue a claim for compensation when the accident occurs outside of their own country.
 
Those who book a package holiday may well be entitled to pursue a claim for compensation – seeking damages for pain, suffering and loss of amenity together with other out of pocket expenses and their loss of enjoyment of their holiday.
 
The claim for compensation is pursued under the Travel, Package Holidays and Package Tours Regulations 1992.
 
A package holiday is essentially an “inclusive tour”.  It is defined in law as “the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than 24 hours or includes overnight accommodation:
 
Ø      Transport
 
Ø      Accommodation and
 
Ø     Other tourist services not ancillary to transport or accommodation
 
as set out in Section 2(1) of the Regulations.
 
In the circumstances, claims can now be made for example to assist those who have suffered injuries through no fault of their own in hotel swimming pools or bars or in their hotel rooms.
 
If you are eligible to pursue a claim for compensation under the 1992 regulations, it may no difference whether the accident happened abroad.  The claim is pursued against the Tour Operator and can therefore dealt with in England and Wales.
 
It is essential that any claim involving an accident abroad should be investigated promptly.  The usual rule is to pursue a claim under the regulations, Court proceedings must be issued within 3 years of the date of the accident.  That said, in accidents abroad, careful notice must be taken of local rules and regulations as well as time limits which may be applicable under a particular jurisdiction.
 
If you have been injured in an accident abroad, please get in touch for free, no obligation legal advice.