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Notes

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.


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