Travel & Tourism Law Solicitors.

Holiday Claims.

Problems during a holiday or business trip can include cancelled bookings, serious delays, accidents, illness, inadequate accommodation, lost luggage, or disputes with an insurer, airline, hotel, or tour operator.

The rights available will depend on how the trip was booked, where the incident occurred, which businesses were involved and the terms of any travel insurance policy.

The holiday and travel claims solicitors listed on Solicitors.com may advise travellers about claims arising in the UK or abroad, including package holiday disputes, accidents, illness, insurance claims and international personal injury cases.

When Might You Need a Travel Law Solicitor?

Many straightforward complaints can initially be raised directly with the airline, travel organiser, hotel, insurer or booking provider. Specialist legal advice may be appropriate where:

• you have suffered a serious injury or illness;
• the incident occurred in another country;
• a package holiday was significantly different from what was promised;
• an airline or travel company has rejected a substantial claim;
• your travel insurer has refused to provide cover;
• several businesses dispute responsibility;
• you have suffered significant financial loss;
• the applicable legal deadline is approaching; or
• court proceedings may be necessary.

International travel claims can involve complex questions about jurisdiction, applicable law, evidence and enforcement. Early advice can help determine which business to pursue and where to bring a claim.

Package Holiday Claims

A package holiday generally combines at least two different types of travel service for the same trip, such as transport and accommodation, where the statutory requirements for a package are met.

Examples may include:

• flights and hotel accommodation;
• accommodation and car hire;
• transport and a significant tourist service; or
• a cruise containing several travel services.

The organiser of a qualifying package is generally responsible for the proper performance of the travel services included in the package, even where those services are provided by another business such as an airline, hotel or local transfer company.

A claim may arise where:

• the accommodation was materially different from its description;
• important facilities were unavailable;
• transfers or excursions included in the package were not provided;
• the holiday was significantly altered;
• the organiser failed to assist a traveller in difficulty;
• the traveller suffered injury or illness because a service was performed improperly; or
• a refund was not provided following a qualifying cancellation.

Linked Travel Arrangements

A linked travel arrangement is different from a package holiday and usually provides more limited protection.

It may arise where a traveller purchases separate travel services through connected booking processes but does not meet the full legal definition of a package.

Determining whether a booking is a package, linked travel arrangement or collection of separate contracts can be important because it affects which business is responsible when something goes wrong.

Holiday Cancellations and Significant Changes

A travel organiser may sometimes need to cancel a package or make changes before departure.

Depending on the circumstances, the traveller may be entitled to:

• accept an alternative package;
• accept the proposed change;
• terminate the contract without a cancellation fee; or
• receive a refund.

Where the organiser cancels a package holiday, a refund will normally be due within the statutory period. Additional compensation may sometimes be available, though exceptions may apply, including in certain unavoidable and extraordinary circumstances.

The traveller should retain the booking confirmation, cancellation notice, proposed alternatives and all communications with the organiser.

Problems With Holiday Accommodation

A complaint may arise when a hotel, villa, apartment, or other accommodation does not match the description given at the time of booking.

Problems can include:

• unsafe or unhygienic conditions;
• building work or excessive noise;
• missing facilities;
• significant changes of location;
• overbooking;
• pest infestations;
• inadequate security;
• accessibility failures; or
• a substantially lower standard than advertised.

Travellers should report problems promptly to the hotel and, for a package holiday, to the organiser or its local representative. The business should normally be given a reasonable opportunity to resolve the problem while the traveller is still away.

Photographs, videos, complaint records and statements from other guests may provide useful evidence.

Accidents at Hotels and Holiday Accommodation

A traveller injured at a hotel, resort, villa, or holiday apartment may be able to claim if the accident resulted from unsafe premises, defective equipment, or inadequate procedures.

Claims may involve:

• slips and falls;
• unsafe balconies or stairs;
• defective lifts;
• poorly maintained swimming pools;
• unsafe children’s facilities;
• falling objects;
• electric shocks;
• fires;
• inadequate lighting; or
• failures to warn guests of known hazards.

Liability will depend on the applicable law and whether the accommodation formed part of a package holiday or was booked independently.

Illness and Food Poisoning Abroad

A claim may be possible where a traveller becomes ill because food, water, accommodation or another holiday service was not provided with reasonable care.

Cases can involve:

• food poisoning;
• contaminated water;
• poor food storage or preparation;
• unsanitary accommodation;
• Legionnaires’ disease;
• swimming pool infections;
• norovirus outbreaks; or
• failures to control a known outbreak.

Becoming ill on holiday does not automatically establish negligence. Medical and factual evidence will usually be required to link the illness to the hotel, cruise, restauran,t or travel servicein questiond.

Affected travellers should obtain medical attention and, where possible, retain medical reports, receipts, photographs, details of meals consumed and information about other guests who became ill.

Accidents During Excursions and Activities

Travel claims may arise from accidents during organised excursions, sports and leisure activities.

Examples include:

• boat and ferry accidents;
• diving and water-sports incidents;
• skiing accidents;
• safari and adventure activities;
• coach excursions;
• theme park accidents;
• horse-riding incidents; and
• defective hired equipment.

Responsibility may rest with the local activity provider, the package organiser or another business. The contract terms, booking arrangements and local safety standards will need to be considered.

Travel insurance policies may exclude certain sports or hazardous activities unless additional cover is purchased.

Road Traffic Accidents Abroad

Road traffic accidents abroad can involve unfamiliar laws, insurers, and compensation systems.

A solicitor may advise drivers, passengers, cyclists, motorcyclists and pedestrians injured in another country.

Claims may involve:

• hire cars;
• taxis and private transfers;
• coaches and buses;
• motorcycles or scooters;
• uninsured or unidentified drivers;
• foreign vehicle insurers; or
• accidents involving several countries.

Where possible, obtain the names, contact details, vehicle registrations and insurance information of those involved. The accident should be reported to the local police where required and to the vehicle hire company and travel insurer promptly.

Do not sign a document you do not understand or admit legal responsibility without obtaining advice.

Injury While Working Abroad

An employee, contractor or business traveller injured while working abroad may have rights against an employer, local business, property owner or another responsible party.

The claim may involve:

• unsafe working conditions;
• inadequate training;
• defective equipment;
• road travel arranged for work;
• exposure to dangerous substances;
• work at a foreign construction or industrial site; or
• failure to carry out an adequate risk assessment.

Whether an English or Welsh claim can be brought will depend on factors including the employment contract, the employer's location, the place of work, and the law governing the incident.

Flight Delays

Passengers may have rights to care, reimbursement or compensation when a flight is seriously delayed.

Depending on the length of the delay and flight distance, an airline may be required to provide:

• food and refreshments;
• access to communications;
• hotel accommodation where an overnight stay becomes necessary; and
• transport between the airport and accommodation.

When the delay exceeds the relevant threshold, the passenger may be entitled to abandon the flight and receive reimbursement.

Fixed compensation may also be payable if the passenger arrives at the destination at least three hours late and the delay is within the airline's responsibility. Compensation is not normally payable where the delay resulted from extraordinary circumstances outside the airline's control.

Cancelled Flights

Where a flight is cancelled, passengers will normally be entitled to choose between:

• reimbursement of the unused ticket; or
• rerouting to the destination at the earliest opportunity or, where available, at a later convenient date.

The airline may also have to provide meals, refreshments and accommodation while the passenger waits for replacement transport.

Additional fixed compensation may be payable depending on when the passenger was informed, the replacement travel offered and the reason for cancellation.

Denied Boarding and Downgrading

Where an airline refuses boarding because a flight has been overbooked, the passenger may be entitled to assistance, replacement travel or a refund and fixed compensation.

These rights may not apply where there were reasonable grounds to refuse boarding, such as inadequate travel documentation, safety concerns or health reasons.

A passenger moved to a lower class of travel may be entitled to reimbursement of part of the ticket price.

Lost, Delayed or Damaged Baggage

Airlines may be responsible for checked baggage that is lost, damaged or delayed, subject to international rules and financial limits.

A passenger should report the problem at the airport and obtain a Property Irregularity Report or equivalent record before leaving, where possible.

The passenger should also:

• keep the baggage receipt and boarding documents;
• photograph any damage;
• retain receipts for essential replacement items;
• submit a written claim within the applicable deadline; and
• notify the travel insurer.

Airline compensation may be limited, particularly for valuable items placed in checked baggage. Travel insurance may provide additional cover, subject to the policy terms.

Cruise and Maritime Claims

Claims involving cruises, ferries and passenger vessels may concern:

• injuries on board;
• shore excursions;
• illness outbreaks;
• lost or damaged luggage;
• cancelled or substantially altered itineraries;
• accessibility problems; or
• serious boating accidents.

Maritime claims may be governed by international conventions and can have different liability limits and notification requirements from ordinary personal injury claims.

Travel Insurance Claims

Travel insurance may cover some of the financial consequences of an accident, illness, or a disrupted trip, but the precise coverage depends on the policy.

Cover may include:

• emergency medical treatment;
• medical repatriation;
• cancellation or curtailment;
• lost, stolen or damaged luggage;
• travel delay;
• personal liability;
• legal expenses; and
• certain missed departures.

Policies commonly contain conditions and exclusions concerning:

• pre-existing medical conditions;
• alcohol or drug use;
• hazardous activities;
• travel against official advice;
• maximum trip duration;
• unattended belongings;
• reporting incidents to the police;
• obtaining the insurer's approval before treatment; and
• claim notification deadlines.

A policyholder should notify the insurer as soon as reasonably possible and follow its claims procedure. Keep the policy documents, booking records, receipts, medical reports and correspondence.

What if a Travel Insurance Claim Is Refused?

An insurer may reject a claim because it considers the event excluded, the policyholder failed to disclose relevant information, or a policy condition was not satisfied.

The policyholder can ask the insurer to explain the decision and identify the precise policy wording relied upon.

The next steps may include:

• submitting additional medical or factual evidence;
• using the insurer’s formal complaints procedure;
• referring an eligible complaint to the Financial Ombudsman Service; or
• obtaining legal advice about court proceedings.

Strict time limits apply to Ombudsman referrals and legal claims, so the matter should not be allowed to remain unresolved indefinitely.

Paying by Credit or Debit Card

When a travel service is purchased with a credit card, the card provider may share responsibility for certain breaches of contract or misrepresentations if the statutory requirements are met.

A chargeback request may also be available through a credit or debit card provider, although chargeback is governed by card-scheme rules rather than being a separate statutory right.

Travellers should contact the card provider promptly and provide the booking documents, evidence of payment and correspondence with the travel business.

Travel Company Insolvency

Additional financial protection may apply where a travel organiser, airline or other provider becomes insolvent.

A flight-inclusive package may be protected by the ATOL scheme. Other package holidays may be protected through insurance, a trust arrangement or a bond.

The ATOL certificate and booking documents should explain the applicable protection and identify the responsible organiser.

Travel insurance and payment-card protection may also be relevant. Still, travellers should avoid recovering the same loss twice.

What Evidence Should You Keep?

Evidence can be particularly difficult to obtain after returning from another country. Travellers should preserve:

• booking confirmations and invoices;
• the holiday description and advertisements;
• terms and conditions;
• flight and transport documents;
• travel insurance policies;
• photographs and videos;
• medical records and prescriptions;
• police or accident reports;
• witness contact details;
• receipts for additional expenses;
• complaints made during the trip; and
• responses from the organiser, airline, hotel or insurer.

Where an accident occurs, report it to the relevant hotel, tour representative, airline, activity provider or local authority and request a copy of the written report.

Time Limits for Holiday and Travel Claims

Time limits vary according to the type of claim, the country involved and the contract or international convention that applies.

Some overseas accident and transport claims have shorter limitation periods than equivalent claims in England and Wales. Airline baggage and maritime claims may also require written notification within a relatively short period.

Do not assume that the ordinary three-year personal injury limitation period or six-year contractual limitation period will apply to an incident abroad.

Specialist advice should be obtained promptly, particularly where the accident, illness or booking involved another country.

Complaining Before Taking Legal Action

Travellers should normally make a clear written complaint to the responsible business before beginning court proceedings.

The complaint should include:

• the booking reference;
• a concise description of what happened;
• the dates and services involved;
• the complaint made while away;
• supporting documents and photographs;
• the financial loss suffered; and
• the remedy being requested.

Depending on the business involved, an alternative dispute resolution scheme, trade association or regulator may be able to consider the complaint.

Using a complaints process does not necessarily stop a legal limitation period from running.

Getting Emergency Help Abroad

In an immediate emergency, contact the local police, ambulance service or other emergency authority in the country concerned.

If you are seriously ill or injured, contact your travel insurer's emergency assistance service as soon as possible. The insurer may arrange or approve medical treatment, hospital payments and repatriation.

British nationals requiring urgent consular assistance can contact the nearest British embassy, high commission or consulate. The Foreign, Commonwealth & Development Office also provides 24-hour consular assistance.

Consular staff may provide information and practical support. Still, they cannot normally pay medical or legal bills, provide legal representation, secure release from detention or override the law of another country.

How a Travel Claims Solicitor Can Help

A specialist solicitor may:

• identify the responsible organiser, airline, insurer or overseas provider;
• determine which country's law applies;
• advise where proceedings can be brought;
• obtain medical and expert evidence;
• assess the value of an injury or financial-loss claim;
• negotiate with insurers and travel businesses;
• work with lawyers in another country;
• seek urgent disclosure or preservation of evidence; and
• issue court proceedings where necessary.

Funding a Holiday or Travel Claim

Depending on the type and merits of the case, possible funding arrangements may include:

• a conditional fee agreement, commonly called a no win, no fee agreement;
• legal expenses insurance;
• membership or employment-related legal assistance;
• private funding; or
• a fixed fee for initial advice.

The solicitor should explain any success fee, insurance premium, unrecoverable costs and possible deductions from compensation before the claim proceeds.

Find a Holiday and Travel Claims Solicitor

Holiday and travel claims are highly specialised, particularly where an accident or illness occurred overseas. A solicitor may be able to advise remotely, so it can be helpful to widen your search beyond your immediate town.

Use Solicitors.com to find holiday and travel claims solicitors throughout England and Wales. Select Holiday Claims from the area-of-law search or submit an enquiry through our Ask a Solicitor service.

Important: This guide provides general information about holiday and travel claims. It is not legal advice. The applicable rights and time limits will depend on the booking arrangements, destination, service provider and circumstances of the individual case.