Injured on holiday abroad? Why it matters whether your trip was a package holiday

If you’ve been injured while on holiday abroad, one of the first questions a solicitor is likely to ask is how you booked your trip. That might seem like an odd place to start, but it can have a significant impact on your legal options.

Whether your holiday is legally classed as a package holiday may determine who a claim can be brought against and whether you can pursue your claim in England and Wales, rather than having to navigate a claim overseas.

What is a package holiday?

In simple terms, a package holiday is where at least two different travel services are sold together by the same organiser as part of the same holiday.

These travel services might include:

• Flights
• Accommodation
• Airport transfers
• Car hire
• Other tourist services that form a significant part of the trip.

In many cases, these services are booked together during a single booking process for one overall price. However, a holiday may still be considered a package even if the individual elements are priced separately, depending on how the booking was arranged.

Why does this matter?

If your holiday is classed as a package holiday, you may be able to bring a claim against the UK tour operator under the Package Travel and Linked Travel Arrangements Regulations 2018.

This can often make bringing a claim much more straightforward than having to pursue proceedings directly against a hotel, excursion provider or another business based overseas.

Every case is different, but identifying whether your holiday was a package is often one of the first steps in assessing your legal options.

Package holiday court cases

The Scottish case of O’Donnell v On the Beach Ltd considered whether a holiday booked online amounted to a package holiday.

The holiday included flights, accommodation and airport transfers. Although the booking displayed the individual prices for each element, they were purchased together through the same booking process, and the traveller could not remove individual components once they had been selected.

The court concluded that the booking was a package holiday, emphasising that the Regulations are intended to provide protection for consumers.

Are there any exceptions?

Not every holiday will fall within the Package Travel Regulations.

For example, the Regulations generally do not apply to:

• Trips lasting less than 24 hours that do not include overnight accommodation
• Certain not-for-profit trips organised for a limited group
• Some business travel arrangements purchased under a general agreement between a business and a travel provider.

Whether the Regulations apply will always depend on the particular circumstances of your booking.

How we can help

If you’ve been injured while travelling abroad and you’re unsure whether your holiday was a package holiday, our International Serious Injury team can advise you on your legal options.

We will review how your holiday was booked, consider whether the Package Travel Regulations apply and advise you on the most appropriate route for pursuing a claim.

If you would like to discuss your circumstances with a member of our team, please get in touch.