Breach of Contract, An Illness Or Accident Resulted in Injury?
Whilst everyone looks forward to their well-earned annual summer holiday, it is worth remembering, that on occasion things can go wrong.
You may find that the holiday was not as advertised; you suffered an illness, an accident, or were unfortunate enough to have sustained a more serious injury.
Depending on what actually happened, and how, you may be entitled to compensation.
So, in what circumstances can holiday compensation be claimed?
Breach of Contract
If you simply did not enjoy your holiday because there was poor weather or the décor at the hotel wasn’t to your liking, this would not be a valid holiday compensation claim. This is down to personal preference and not because the holiday company has done anything wrong.
In an attempt to bring a successful claim for a contractual breach, you would have to prove a breach of contract and that the holiday you selected, and were promised did not meet the criteria in the brochure or website at the time of booking.
There are many ways in which a breach of contract may occur. Some examples include being provided with misleading information, arriving to a closed pool, building works at the property, or that the accommodation is dirty and simply not at the expected star rating advertised.
Evidence for Breach of Contract Claims
If you believe you have been affected by a breach of contract due to the facilities and amenities not being as advertised then it is advisable to do the following in order to support your holiday compensation claim:
- Keep copies of all booking documents, invoices and extracts from the relevant brochures which were provided at the time of booking. Retain any documents which show what the standards should have been like so these can be compared to what you actually received.
- Discuss your concerns with your local holiday representative and note down the issues you are experiencing, asking your representative to sign a statement or complete a written/electronic report.
- Advise the hotel manager, concierge or reception staff and request that your issues be noted down in writing.
- Take photographs as evidence of any poor standards experienced, pool closures, building works etc.
- If necessary ask for a room change or even a hotel change depending on the severity of the issues being experienced. This will show that you were willing to try and mitigate your losses, despite the problems being faced.
- If your holiday company has a 24 hour holiday helpline, then contact them and note down your concerns. Alternatively, your holiday company may have online web services to raise complaints.
Most holidaymakers are unaware that compensation can in fact be claimed for a ruined holiday as a result of holiday illness. Some holidaymakers are unfortunate enough to contract serious pathogens such as Salmonella, E-Coli, and even Campylobacter, whilst others develop more generalised non-confirmed pathogenic illness symptoms such a sickness, diarrhoea, and high temperatures.
If it can be established that the illness was caused as a result of the tour operator or hotelier’s failings and due to substandard accommodation and poor hygiene practices provided then you may reasonably be able to make a claim. It is essential that relevant evidence is gathered if this is the case.
Whilst most holidays do go without fault, on occasions holidaymakers can be involved in accidents which result in injuries being sustained. There are many types of accidents which can occur whilst an individual is on a holiday these range from, trips, slips and falls within the hotel grounds to accidents whilst on transfer coaches and whilst in the air on aircrafts.
Just like contractual and holiday illness claims, you may be able to claim compensation as a result of the injuries you have sustained. In order to do so you would have to successfully establish whether there was any negligence that caused your injuries. Again it is essential to gather evidence to assist with bringing a claim of this nature.
Evidence for Holiday Illness and Holiday Accident Claims
If you are unfortunate enough to suffer illness whilst on holiday or sustain injuries as a result of an accident on holiday then we would recommend that you take the following steps in terms of collating evidence to assist with any eventual holiday compensation claim:
- Retain all booking paperwork, invoices, receipts, brochure extracts etc.
- Report your illness/injuries to the holiday representative, hotel staff, 24 hour holiday helpline
- Seek a written report confirming the illness and symptoms you are suffering/injuries sustained in the accident, the problems you have encountered, what has happened and any treatment you have received
- Seek medical attention and ask for a copy of your medical report or discuss your concerns with a local pharmacist and keep the medication packaging
- Retain any receipts in respect of medical treatment received as this can be costly and you may be able to claim a refund via your travel insurer
- Take photographs of any sub-standard conditions and poor practices being experienced at the hotel
- Take photographs of the accident locus and note down the exact location/draw a draft map of the area if this assists and note down what the weather was like at the time, what the flooring was constructed of and what the lighting in the area was like
- Collate details of any other holidaymakers suffering from similar symptoms or details of any witnesses (if an accident)
We specialise in bringing holiday compensation claims against major UK tour operators, suppliers and insurers for individuals or groups whom have been affected by contractual disputes, illness or injuries whilst on holiday.
If your holiday has been ruined as a result of any of these issues, we would urge you to contact us, as we may be able to assist in bringing a claim on your behalf and securing you thousands of pounds in compensation.