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Holiday Injury FAQs

Your Questions Answered

Our FAQs aim to answer any questions you may have about making a claim against your tour operator. If you have any other questions, please call us on 01924 675 039.

To start your claim fill in the form on the right, or click here.

1Why choose us?

We are a Solicitors firm and not associated with any other agency, insurance company or firm.

Unlike a claims agency, we are qualified to directly issue legal proceedings to fight for compensation on your behalf, if necessary.

The holiday injury compensation process can be lengthy and complicated, but our expert solicitors are here to make it easy for you to get the compensation you deserve.

2How do Sarah Waddington Solicitors get paid?

When you instruct us to work on your behalf, we ask you to sign a Conditional Fee Agreement - a document designed for your peace of mind - stating that when we do win your claim, we will only ever take 25% of the compensation you are awarded. This is a fixed fee; it won't increase no matter how much work we have to do for you.

If you are not already insured with before the event insurance or ATE (After the Event Legal Expense Insurance), you will need to purchase this so that you don't have to pay any legal costs to the other side. Purchasing ATE also means that you are insured in the unlikely event that we do not win your claim, so if that happens, you won't have to pay us a penny.

3What happens if I change my mind about claiming?

You have the right to change your mind about claiming and can do so by contacting your lawyer ad instructing them to stop work on your case. However, if you do change your mind about claiming before the case has been settled, you will be required to pay for the work that we have carried out on your behalf.

It is important to be sure that you want to make a claim before you instruct us to start work on your case. If at any point you have any doubts or concerns about your claim you can contact your dedicated lawyer, who will be able to provide you with all the information and advice you need for peace of mind.

4Is it only all-inclusive resorts you can claim against?

Not always! As long as there is evidence that a particular company was at fault you can still make a claim.

5What is a package holiday?

A package holiday is a trip abroad organised by a travel agent (the agent could be a person in a store, or online via a holiday booking website).

A package holiday will include arrangements for transport and accommodation (e.g. flights, transfers and a hotel), made at one inclusive price.

  • Transport (e.g. flights, trains, coaches and ferries. Please note that free transfers from the airport to a hotel are not included).
  • Accommodation (e.g. hotel or a berth on a cruise ship).
  • Other tourist services that form a significant proportion of the package (e.g. car hire).
  • The holiday must have been sold at an inclusive price.
    • 6What are the changes to EU law affecting Package Holidays from January 2018?

    As of the 1st of January 2018, the new Package Travel Directive (2015/2302/EU) will be applicable. These changes will give holiday-makers extra holiday protection.

  • Pre-arranged packages - This is your 'typical' package holiday. Ready-made holidays from a tour operator made up of at least 2 elements: transport, accommodation or other services, e.g. car hire. You can read more about this in the question above.
  • Customised Packages
  • Linked Travel Arrangements - This will include looser combinations of travel services. For example, if the traveller books a flight from one website, and then receive a confirmation email which includes an advert for a hotel offer. If the second hotel booking is made within 24 hours, this will be covered by the EU regulation. In these cases the traveller should be informed that they are not being offered a package holiday, instead, their pre-payments will be protected.

    • Customers must receive understandable information on the package and should be informed of the protection they benefit from under the new package holiday rules.

    7How long does it take?

    Generally, personal injury claims that happened abroad usually take longer than claims that happened in the UK. This is because laws, procedures and courts operate differently in different countries.

    The company we are claiming against will have 6 months to investigate and respond to the claim. As a result of this, we expect these cases to take a minimum of a year, even for the simplest of claims.

    However, as solicitors we are equipped to deal with all eventualities, should the case need to go to court. Furthermore, our Spanish office and multi-lingual colleagues allow us to work quicker and more effectively than most.

    8What information do you need to give us?

    The information we require to proceed with your case, will depend on upon the nature and severity of the injury obtained.

    If you were injured in a car accident we would ask you to provide us with as much information and evidence, as possible. This should include things like; details (names, addresses and insurance information) of the other parties involved, photographic evidence of the accident scene, including, where possible, photos of the vehicles involved and the damage sustained to any vehicles. Also, any police reference numbers if they attended the scene of the accident.

    9What about bed bugs?

    We have seen many instances of bed bugs totally ruining family holidays abroad. We can also help you claim compensation against the tour operator should your holiday be ruined because of bed bugs.