Planning a holiday this summer?
Sub-Zero temperatures and forecasts of snow and ice get us
thinking about holidays in the sun.
This is the time of year when people begin to book this year's
trip and many of us will be poring over brochures or, more likely,
visiting Trip Adviser as we look for the warmest climate and the
best deals.
But occasionally things do go wrong on holiday. There can be
accidents on the roads or at resorts. Aeroplanes can hit
turbulence. Stomachs can be weaker than we hoped. Tour operators
can go out of business.
So here are a couple of tips from EAD's Senior Partner, Steve
Cornforth, who travels a lot and deals with claims for those
unfortunate enough to have accidents or illness abroad.
Firstly, there are advantages in booking a package tour. Many of
us prefer the independence of booking our own flights and then
choosing accommodation of our choice. But there are Regulations
that you need to bear in mind. These are known as the Package Tour
Regulations. The advantage is that if you suffer an accident abroad
which is the fault of your hotel you can bring a claim in this
country against the tour operator. Although the legal standard is
that of the country you can consult lawyers and avoid the nightmare
of having to use unfamiliar courts or instruct foreign lawyers. For
the Regs to apply it has to be a 'package'. This means that the
price must include both transport and accommodation. Be careful
when booking online. It is easy to think that you are booking a
package tour when in fact you are booking a flight and then there
is a separate contract with a local hotel. This can mean that the
Regs will not apply. The safest thing to do is book with an
established Tour Operator.
Other cases can be very messy and subject to local procedures
and time limits. Many travellers still prefer the independence of
doing their own planning and this can lead to a very enjoyable
trip. But the existence of the Regulations is something to bear in
mind.
If you have an incident whilst on holiday get prompt advice. The
time limits can be a minefield. For example an incident on a ship
at sea is subject to a two year time-limit under the Athens
Convention, rather than the more familiar three year time
limit.