More than just a good deal: how a package holiday can protect you if you're injured abroad

Booking flights and hotels has been a challenge for many fans heading to the FIFA World Cup so it’s no wonder package holidays have been a popular option.

Not only does it take away some of the stress of planning a trip, but it can give you more protection if you are involved in an accident abroad. 

Under the terms and conditions of a package holiday the travel company is legally responsible for making sure all aspects of the trip meet the required health and safety standards in the country you’re visiting.

This can help you if you suffer an illness or injury on holiday (although, sadly, it can't help with the stresses that come with watching Scotland battle it out in the group stages).

How can a package holiday help me with injury or illness?

For a holiday to be a “package holiday”, travellers must have purchased at least two “travel services” from a single provider.

Travel services are usually flights and accommodation but in some cases activities can be included if they make up a significant part of the trip.

Booking your holiday in this way can give you more protection if you are injured or fall ill as you can bring the claim in Scotland. 

A package holiday claim is a contractual case against the package holiday organiser who must carry out the contract with reasonable skill and care. 

Scots law will apply with reference to the local standards of care in the country where the accident happened.   The holiday organiser will be liable whether the goods or services are provided by them or by suppliers. 

For example if you are injured at your hotel and we can prove the cause of accident was that it didn’t meet local building or health and safety standards then liability can be attached to the package holiday organisers. 

Proving your illness was caused by failings of the package holiday provider can be more difficult, but it is not impossible. 

At the end of the day your package holiday provider has a duty to make sure the places they are promoting are safe.

What do I do if I’m hurt on holiday?

It can be incredibly upsetting if you suffer illness or injury on the holiday you’ve been looking forward to.

The organisation who sold you the holiday is who you would need to make a claim against and they might prioritise their own interests before helping you get the support you need and deserve. 

When an accident happens you need to gather evidence as soon as it is safe to do so.

This can include:

• Photographs and videos of the accident location and all the injuries including how the injury happened.
• The contact details of any witnesses to the accident. It’s best to get these before you leave the country as it will be more difficult when you’re home.  
• Always ask for a copy of your medical records when you are leaving the hospital. 

If you fall ill while on holiday, there are four main questions that need to be answered before we can consider a sickness claim:

• Was the holiday all-inclusive?
• Did you only have food or drink in the hotel? 
• Was there a diagnosed pathogen like salmonella?
• Does the period of exposure to the illness match your holiday dates?

If the answer is yes to these questions then there is a good chance liability can be attached to the package holiday provider.

Who should I turn to for help if I'm injured?

Once you have gathered evidence you should then report the accident to your holiday representative.

If they fill out an accident report, make sure it’s completed in English and you get a copy. If they refuse, contact your holiday provider and demand one.

They might start making excuses to delay the process and make it more difficult for you to make a claim with the hope you’ll give up. 

When you get home, don’t seek legal help from your travel agent as they don’t have the expertise to get you the right support. 

You should always seek independent legal advice from specialist legal experts to fully understand what your options are. You should do this once you're home as there is a time limit to raise a claim. 

It matters that you are fairly treated and compensated for an injury sustained on holiday, and that’s why it matters to Digby Brown.