If you were injured on a package holiday - in the UK or abroad - you have far more legal protection than most holidaymakers realise. UK-booked package holidays fall under the Package Travel and Linked Travel Arrangements Regulations 2018, which let you claim against your UK tour operator, in UK courts, under English law - even when the accident happened at a hotel in Greece, a resort in Mexico, or on an excursion in Turkey. The foreign provider doesn't matter; your contract is with the UK operator, and that's who's liable.
If you were injured on a package holiday - in the UK or abroad - you have far more legal protection than most holidaymakers realise. UK-booked package holidays fall under the Package Travel and Linked Travel Arrangements Regulations 2018, which let you claim against your UK tour operator, in UK courts, under English law - even when the accident happened at a hotel in Greece, a resort in Mexico, or on an excursion in Turkey. The foreign provider doesn't matter; your contract is with the UK operator, and that's who's liable.
This page explains how holiday accident claims work: package vs independent bookings, the UK-jurisdiction advantage, the 'local standards' test that shapes what counts as negligence abroad, common scenarios (hotel pool, food poisoning, balcony falls, excursion injuries), and what you can recover. Every case is handled on a no win, no fee basis.
The critical distinction - package holiday vs independent booking
Package holidays - the strong position
A 'package' under the Package Travel Regulations 2018 is broadly any pre-arranged combination of at least two different types of travel service (flight + hotel; flight + car hire; flight + transfer + hotel) bought from a single trader for a single inclusive price. Classic tour operator packages (TUI, Jet2 Holidays, easyJet holidays, British Airways Holidays, On the Beach, Virgin Holidays) are always packages. Some dynamic-package bookings from online travel agents also count - depending on exactly how the booking was structured.
Under the Regulations, the tour operator is liable for improper performance of the holiday services - including services provided by third parties (hotels, transfer operators, excursion providers). Claims are brought in UK courts, under English law, against the UK operator. The operator can then indemnify itself against the foreign provider, but that's their problem - not yours.
Independent bookings - harder
Booking the flight from one company, the hotel direct from a foreign hotelier, and the excursion from a local rep is not a 'package'. These are independent contracts, each potentially governed by foreign law, and any claim runs in the foreign jurisdiction - with foreign limitation periods (often shorter), foreign procedure, and foreign lawyers.
Where a UK-based intermediary was involved in the booking, there may be partial UK-law routes, but generally independent-booking claims abroad are significantly harder than package claims. Specialist advice matters.
The 'local standards' test - what counts as negligence abroad
A common misconception: that UK safety standards apply to a hotel in Spain. They don't. The leading case is Wilson v Best Travel Ltd [1993] 1 All ER 353, which established that the standard of care expected from a tour operator's foreign suppliers is measured against the local safety standards in the country where the service is provided - not UK standards.
Practical implications:
- A glass balcony door that doesn't meet UK Building Regulations isn't necessarily negligent if it met Spanish building code at the time of installation.
That said, a tour operator can still be liable even where the provider met local standards - Evans v Kosmar Villa Holidays plc [2007] EWCA Civ 1003 clarified the scope of the duty. Where a known danger should have been warned of (diving into a shallow pool, unprotected drops, etc.), the operator's own duty to the holidaymaker can bite regardless of local compliance.
Common holiday accident scenarios
Hotel pool accidents
Slips on wet tiles around pools; diving into unmarked shallow ends; broken steps; pool chemical injuries; drowning / near-drowning incidents; inadequate lifeguarding. Evans v Kosmar is particularly relevant - operators have duties to warn of obvious but serious dangers.
Food poisoning (hotel / resort)
Salmonella, campylobacter, e-coli, norovirus outbreaks at all-inclusive hotels and buffet restaurants. Often affects multiple claimants simultaneously. Food poisoning claims require a confirmed microbiological diagnosis (stool test) and a causative link to the specific venue. See food poisoning claims.
Slips, trips and falls on hotel property
Wet floors in bathrooms, lobbies, corridors; damaged flooring; inadequate lighting; poorly-marked steps; loose rugs. Same Occupiers'-Liability-style framework, adapted to local standards.
Balcony and room accidents
Balcony railing failures, unsafe sliding doors, malfunctioning locks, electrical faults, bath / shower incidents. Serious injuries possible.
Excursion accidents
Coach crashes on tour excursions; quad-bike and jet-ski incidents; watersports injuries; safari and wildlife excursions; boat / ferry accidents. Where the excursion was booked through the tour operator or their representative, liability usually attaches.
Transfer accidents
Airport-to-hotel coach transfers; minibus rides; private transfer cars. Operator liable where the transfer was a package-holiday component.
Aircraft accidents and in-flight injuries
Governed by the Montreal Convention 1999 - separate international legal regime, which limits and structures airline liability for death, injury, or delay during international carriage. Strict-liability element. Specialist handling.
Theft / assault at the hotel
Where the operator failed to maintain reasonable security. Rarer claims but viable in some circumstances.
Activity injuries (hotel gym, tennis, waterslides)
Equipment malfunctions, inadequate supervision, poorly-maintained facilities.
Who is the defendant?
For package holidays: your UK tour operator (the company the 'book now' button on their website sent money to). Examples: TUI UK Ltd, Jet2 Holidays Ltd, easyJet Holidays Ltd, British Airways Holidays Ltd, Virgin Holidays Ltd, On the Beach Ltd. The operator is the defendant regardless of where the accident happened, regardless of which supplier caused it.
For independent bookings: the foreign provider, usually in the foreign country under foreign law. Limited UK-law hooks exist in some cases (foreign subsidiary of a UK company, for example).
Evidence - what to gather at the time
- Medical attention - local doctor, clinic or hospital. Keep every document (in the original language - your solicitor arranges translation).
Food poisoning claims - the specific category
Food poisoning is a large sub-category of holiday claims because all-inclusive buffet resorts (particularly in hot climates) have recognised risks. Core elements:
- Microbiological diagnosis - a stool test identifying the specific pathogen (Salmonella, Campylobacter, Giardia, E.coli, etc.) is strong evidence.
Compensation for holiday food poisoning typically runs £1,000-£30,000 depending on severity, duration and lasting effects. See food poisoning claims.
Time limits - critical for holiday claims
For package holidays: three years from the accident under the Limitation Act 1980 applied via the Package Travel Regulations.
For independent bookings abroad: the foreign country's limitation period usually applies. This can be much shorter than three years (some countries have 1 or 2-year limitation periods, sometimes with procedural deadlines within weeks). Act fast.
For children - three years from their 18th birthday for package holidays. Foreign rules may be less generous for independent bookings. See time limits.
Compensation - what you can recover
For package holidays, damages are assessed under English law even where the accident was abroad. Representative JCG ranges apply for general damages; special damages reflect actual losses. Typical settlement ranges:
- Food poisoning (days of severe illness, short-term): £1,000-£5,000
Special damages include: loss of earnings on return; medical treatment ongoing; loss of holiday enjoyment (modest, but recognised); travel home if different from the original booking; out-of-pocket costs during the trip (pain relief, private clinics, taxi fares).
Funding - no win, no fee
Every holiday accident claim we handle runs on a Conditional Fee Agreement. No upfront fees. If the claim wins, the success fee is capped at 25% of general damages and past losses. If it fails, you pay nothing (subject to CFA and ATE terms). Full detail in no win no fee explained.
Claims process for package holiday accidents
- Free eligibility call.
Typical timescale: 9-18 months for moderate cases. Longer for complex multi-party or foreign-evidence cases.
