Package tours are a common and sometimes cheaper alternative of booking a flight, hotel and other services in an all in one ‘package’. On occasion, accidents occur on package tours and even though it may have happened in a different country, you may still have a claim within the English and Welsh courts under the Package Tour Regulations.
What the law considers a package tour!
The law considers a package tour to be one where there has been a combination of transport, accommodation or other services which account for a sizeable portion of the package. The package tour must have lasted for a period exceeding 24 hours, or alternatively included overnight stay. It must have been pre-arranged and have been a price which included the transport, hotel etc. It includes business or educational trips and can apply even if you have used different flight and accommodation companies, as long as they have been put together into a ‘package’ by one person or company.
How will the case be judged?
The case will often be judged legally by the standards of the country which someone has visited. This means it will be by their laws but in an English court with an English judge. Although this may seem strange it means that you can stay in the country for your trial but it is a different law which your case will be judged upon.
EXAMPLE: Someone trips on a raised manhole cover in Russia. In England it would likely be found that the relevant council will be liable for their negligence which caused your injury. In Russia, the laws and customs could be different so it may be the case that there is no law which holds in breach for their negligence for raised manhole covers. This could be hard to do as a package claim as a claim against the state is likely not covered, unless the manhole cover was on the hotel grounds for example.
Who the case will be brought against?
The case will often be brought against the tour operator, not the travel agent who could be found liable. This is because you have paid for a holiday and you have the right to the holiday which you paid for. It is then the responsibility of the tour operator as they provided most of the services.
When it is not a package tour!
It is not a package tour when there is not a combination of transport, accommodation and another part of the package. You must have a connection to England to bring a case here, for example, you must often live here for the majority of the time to bring a claim here. In the European Union, the rule is that the law of the country where the accident happened will apply if injury was suffered there. However if you are unsure, call The Injury Lawyers today to see if you could make a claim!
