I travelled abroad for my summer holidays this year on a “package holiday”. I was seriously injured following an incident at the apartment where I was staying. The lift in the apartment block failed causing it to fall suddenly and I sustained serious injuries as a result. Given that the incident occurred abroad can I claim compensation for my injuries? Am I obliged to issue legal proceedings abroad?
If you booked your holiday as a ‘package holiday’ through a tour operator you may be able to make an injury compensation claim against the tour operator for your injuries and any related financial losses.
A package holiday is defined under the Package Holidays and Travel Trade Act 1995 (the ‘Act’ ) as a combination of two or more of the following, when sold or offered for sale at an inclusive price: (i ) transport; (ii ) accommodation; (iii ) other significant elements of a tourist service nature.
Under the Act a tour operator may be held responsible for all of the services provided as part of a package holiday including holiday accommodation. Consequently, the tour operator may be liable if the accommodation fails to comply with the standards of health and safety in that country.
Legal proceedings may be brought before the Courts in the country where the injured party resides or where the incident occurred. Obviously, it is preferable to bring proceedings in one’s own country.
It is important to engage a solicitor as soon as possible to advise you on the best course of action to take.
This column is prepared by Dolores Gacquin, solicitor. Byrne Carolan Cunningham have offices in Athlone, Moate, and Lanesborough.
A person should always contact their solicitor to obtain legal advice specific to their own situation. The above column contains general information and cannot be relied upon as legal advice.