Package Holiday Accident Claims
Package holidays come with a substantial legal protection that independent travel does not — under the Package Travel and Linked Travel Arrangements Regulations 2018, the UK tour operator is responsible for the proper performance of the entire holiday, including the standards at hotels, on excursions, and during any activities included in the package. This means you can sue the UK operator in UK courts under UK law, even where the accident happened in a remote resort thousands of miles away.
In this guide
- What Counts as a “Package Holiday”?
- The Tour Operator’s Legal Liability
- Common Package Holiday Accidents
- What Compensation Could You Receive?
- How to Run a Package Holiday Claim
- Time Limits
- Evidence Needed for a Package Holiday Claim
- No Win No Fee Package Holiday Claims
- Common Questions About Package Holiday Claims
- Related Guides
- Our Partner's Fees Explained
- Check If You Could Claim Compensation For Your Injury
This guide explains how package holiday claims work, what makes a successful claim, and how to start one on a no win no fee basis. It applies equally to Tui, Jet2 Holidays, easyJet Holidays, Loveholidays, On The Beach, British Airways Holidays, Virgin Atlantic Holidays, and any other UK package operator.
What Counts as a “Package Holiday”?
The Package Travel Regulations 2018 define a “package” as a combination of at least two different types of travel service (flight, accommodation, car rental, etc.) that:
- Are pre-arranged or combined by a single trader, OR
- Are sold at an inclusive or total price, OR
- Are advertised or sold as a “package” or “tour”, OR
- Are combined under a single contract that brings them together
Most “all-inclusive” holidays from major UK operators are clearly packages. Bookings where you separately booked flights and a hotel through unconnected websites (Skyscanner + Booking.com, for example) are usually NOT packages and fall outside the Regulations.
Some bookings fall in a grey area — “Linked Travel Arrangements” — where the Regulations apply in limited form. A specialist solicitor will quickly identify which category your booking falls into.
The Tour Operator’s Legal Liability
Under the Regulations, the package operator is liable for any “lack of conformity” with the contract — meaning failures in any part of the package. The operator’s liability extends to:
- Their own services (flights, transfers)
- The hotel’s standards
- Included excursions and activities
- Food safety at all-inclusive resorts
- Health and safety at the resort generally
- Failures of local suppliers who form part of the package
The standard of care expected is that of “local standards” — meaning the hotel does not have to meet UK regulatory standards but must meet the safety standards reasonably expected in the country of destination. Where the package is sold as a UK-equivalent experience, higher standards may apply.
Common Package Holiday Accidents
- Slips on wet pool surrounds — particularly without slip-resistant tiling
- Falls down poorly-lit steps — both at hotels and on excursions
- Food poisoning at all-inclusive resorts — see our food poisoning compensation claims guide
- Burns — from scalding showers, malfunctioning hot water systems, or sun loungers
- Carbon monoxide poisoning — see our carbon monoxide poisoning claims guide
- Falls from balconies — particularly where the rail height did not meet local or EU standards
- Excursion accidents — quad biking, jet ski, boat trips, horse riding, water parks
- Coach transfer accidents — particularly on mountain roads in resort areas
- Hotel buffet injuries — slips, falls, hot food burns
- Bedbug infestations — with resulting skin reactions
- Lift accidents — entrapment, falls, mechanical failures
- Swimming pool drownings or near-drownings — particularly child claimants
What Compensation Could You Receive?
Compensation in package holiday cases is calculated under standard UK personal injury principles — meaning the Judicial College Guidelines apply to general damages and the wider UK framework applies to special damages. There is no separate “holiday discount” or reduction for accidents that happen abroad.
Common ranges:
- Minor food poisoning with full recovery within days — typically £1,000 to £4,000
- Moderate food poisoning with several weeks of symptoms — typically £4,000 to £15,000
- Severe food poisoning with hospitalisation and ongoing IBS — typically £15,000 to £40,000+
- Minor orthopaedic injury (sprain, soft-tissue) with full recovery — typically £2,000 to £8,000
- Moderate orthopaedic injury (fracture with full recovery) — typically £8,000 to £45,000
- Severe injury with permanent disability — typically £45,000 to £200,000+
- Catastrophic injury or death — full UK valuation under serious injury and fatal accident frameworks
Special damages cover lost earnings, medical treatment costs (both abroad and after return to the UK), private rehabilitation, ongoing care, the cost of repeat travel if the holiday was ruined, and any consequential losses.
How to Run a Package Holiday Claim
A typical claim runs through these stages:
- Initial notification — write to the tour operator within reasonable time of the incident (ideally during the holiday at the resort, but also possible after return to the UK)
- Solicitor instruction — engage a specialist solicitor (most cases run on no win no fee)
- Evidence gathering — medical records, hotel records, photographs, witness statements
- Letter of Claim — formal notification to the operator under the Package Travel Regulations
- Investigation period — operator investigates with the hotel and provides a response
- Negotiation and settlement — most cases settle without proceedings
- Court proceedings (if needed) — issued in UK courts; UK law applies
Most package holiday claims settle within 12 to 18 months. Cases involving serious injury or contested liability can take longer. See our how long does a claim take guide.
Time Limits
You generally have three years from the date of the accident (or three years from your date of knowledge for illnesses that developed gradually). The Package Travel Regulations do not shorten the standard personal injury limitation. For children, the clock does not start until their 18th birthday. See our time limits guide for the full rules.
It is good practice to notify the operator within weeks of the accident — both as a courtesy and to protect evidence. Many package operator contracts include a contractual notification requirement, though courts generally still allow claims notified later.
Evidence Needed for a Package Holiday Claim
- Booking confirmation and itinerary showing the package
- Hotel incident report (request a copy at the scene)
- Photographs of the scene, the cause of the accident, and any visible injuries
- Photographs of safety warnings or their absence
- Names and contact details of any witnesses (including other UK guests)
- Medical records from the resort country
- Medical records from the UK after return
- Receipts for any medical expenses, taxis, lost belongings
- Records of any contact with the tour operator’s resort representatives
- A chronological note of what happened
- For food poisoning — diet records, photographs of food preparation areas, names of any other guests who fell ill
Hotel CCTV is often available and can be requested through the operator. Evidence retention is short, so early notification matters. See our evidence guide for the wider picture.
No Win No Fee Package Holiday Claims
Package holiday claims run on a no win no fee Conditional Fee Agreement. You pay nothing upfront, nothing during the case, and nothing if the claim fails, provided you keep to the terms of your agreement. If the claim succeeds, the success fee — capped by LASPO 2012 at 25 per cent of general damages and past losses (future losses excluded) — is deducted from your compensation. After-the-Event insurance protects against adverse costs. The ATE premium is normally payable only if you win, deducted from your compensation — it is no longer recoverable from the defendant — and your solicitor must explain how the premium and disbursements are treated before you sign (see how ATE insurance works). See our how no win no fee works guide.
Common Questions About Package Holiday Claims
I booked online through Loveholidays. Is that a package?
In most cases yes — Loveholidays sells holidays as bundled packages and falls within the Regulations. Specific bookings may fall outside if the customer manually combines individual services that are not pre-arranged. The customer’s booking confirmation will usually show whether it was sold as a package. If in doubt, a solicitor can quickly assess your specific booking.
My hotel said it was not their fault and the operator is blaming the hotel. Who do I sue?
You sue the UK tour operator. Under the Regulations, the operator is responsible for the entire package — including the hotel’s failings. The operator may then pursue the hotel for indemnification, but that is between the operator and the hotel; it does not concern you. Your claim is in UK courts against a UK defendant who is generally well-resourced and well-insured.
I went on an excursion that was not booked with the operator. Can I still claim?
Generally no — independent excursions arranged in resort by you are usually outside the package. The operator is responsible only for excursions and activities included in the package booking. For independent excursions, the claim is governed by local law and is much harder to pursue. Specialist solicitors will check whether the excursion was actually included in your package (some are, less obviously).
I got food poisoning at an all-inclusive resort but cannot prove it was the hotel’s food. Will the claim still succeed?
Often yes. The legal question is whether the resort food was the most likely cause on the balance of probabilities. Evidence helping the claim includes: multiple cases of illness at the resort, stool sample confirmation of a specific pathogen, absence of similar illness in family members eating elsewhere, hotel hygiene history, and medical confirmation of timing consistent with food poisoning. See our food poisoning compensation claims guide.
My family member died on a package holiday. Can we claim?
Yes. Fatal package holiday claims combine the estate’s claim, the dependency claim, and the bereavement award under the Fatal Accidents Act 1976 — applied through the Package Travel Regulations route. See our fatal accident compensation guide.
I am back in the UK and only realising my injury is serious. Can I still claim?
Yes. Many package holiday injury claims are notified weeks or months after the holiday — particularly for soft-tissue injuries or food poisoning where the full effects only become clear later. The three-year time limit applies, often running from the date of knowledge for gradual conditions. Contact a specialist solicitor as soon as practical.
Related Guides
Holiday & Abroad Accident Claims
Food Poisoning Compensation Claims
Hotel Accident Compensation Claims
Carbon Monoxide Poisoning Claims
Personal Injury Time Limits Explained
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