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“It’s always terribly unfortunate when something goes wrong on holidays, a time when you’re hoping to relax and unwind,” says Elaine. “If you end up being injured as a result of someone else’s negligence, you may want to seek compensation for the pain, injuries and expenses incurred as a result of the accident.”

However, with different countries and jurisdictions involved, making a personal injury claim for something that happened while you were abroad may not be straightforward.

Whether you can make the personal injury claim in Ireland or in the country you holidayed in, will depend on where the accident happened and if it is considered a package holiday or not.

Accident while on a ‘package holiday’

Elaine explains that if you booked a package holiday (see below for what is considered to be a package holiday) and the accident happened while using the services of that package, the Package Holidays and Travel Trade Act 1995 allows you to take a personal injury claim in Ireland against the travel agent or tour operator who booked it for you.

This Act means that your tour operator is liable for any issues or incidents that arise while using these services, which could include accommodation, transport, car rental or excursions.

“If your accident happened, for example, on the premises of the hotel that you booked through a package holiday, you could make a claim against your travel agent for this, rather than having to take a case against the hotel itself,” says Elaine.

“Similarly, if you were injured on an excursion that you booked as part of the package, you could take the claim against the travel company that booked that excursion.”

If your accident happened somewhere that was not part of your package holiday, such as in a local restaurant or on an independent tour, the process becomes more complex.

“In these cases,” says Elaine, “you will need to engage a solicitor in the country where the accident occurred, and you would not be covered by the Package Holidays Act.”

Accident while on a holiday that’s not part of a package

If you book the different services of your holiday separately, and they don’t form part of a package, you are not protected by the Act.

“It’s not that someone can’t make a claim,” adds Elaine “but they’d most likely have to contact a solicitor in the jurisdiction where the accident happened, because we may not be able to take a case for them in Ireland.”

It works the same way for tourists who visit Ireland on holidays. If something goes wrong for them while they are here, an Irish solicitor can open a case for them and make a personal injury claim against the Irish-based business.

“Each country has its own legal system and procedures for personal injury claims,” explains Elaine. “In some countries, the compensation is much lower than it is in Ireland, so it might not always be worth the cost of taking the case. But a solicitor in the country the accident happened in would be better positioned to advise on that.”

“This is one of the reasons why travel insurance is so important,” she adds. “If you are injured through no fault of your own, and you are not protected by the Act, you can at least have some kind of compensation for what happened and cover some, or all, of your expenses.”

What is considered to be a package holiday?

A package holiday is sold at a total or inclusive price, must last for more than 24 hours, or include an overnight stay.

It does not matter if you are asked to pay separately for different parts of the package (such as, the flight or transport); your holiday is still considered to be a ‘package holiday’.

Package holidays can be ready-made or customised package.

Ready-made package holidays

Ready-made package holidays have at least two of the following included:

• Transport – such as flights, a cruise, train or coach journeys
• Accommodation
• Other tourist services – for example tours, excursions, guides or tickets for concerts or theme parks
• Car rental

Customised packages

A customised package is where you choose the different parts of your holiday – therefore, it is not a ready-made holiday.

You buy the customised package online through a website, or offline from a travel agent or call centre. All the parts you buy must relate to the same trip or holiday.

A customised package must include either:

• A single contract for all services
• Separate contracts with different travel service providers, where:
  • All of the contracts are bought from a single point of sale
  • All services are selected before you agree to pay
  • There is a total or inclusive price.

What to do if you are in an accident while on holiday in another country

1. Seek medical attention: Your health is the top priority so try to get medical attention as soon as possible, even if the injury seems minor. Remember to keep all medical reports and receipts, as these will be important for your claim.
2. Report the incident: Inform the local authorities, such as the police, and ensure you get a copy of the report. If the accident occurs in your hotel or on a flight, notify the management or the airline staff immediately.

If you are on a package holiday, inform your tour operator about the accident as soon as possible.

3. Gather evidence: Take photographs of the location, your injuries, and any hazardous conditions that contributed to the accident. Obtain contact details of witnesses, if any.
4. Document everything: Keep a detailed record of the incident, including the time, date, location, and circumstances. Document any conversations with witnesses, local authorities, and medical personnel.
5. Seek legal advice: If you have been involved in an accident that involved the services of your package holiday, contact an Irish solicitor who specialises in personal injury claims. Your solicitor will help you file a claim against the tour operator. The claim will include all damages incurred, such as medical expenses, loss of earnings, and compensation for pain and suffering.

Your solicitor will negotiate with the tour operator or their insurer to reach a fair settlement. If an agreement cannot be reached, the case may proceed to court.

Again, if were not on a package holiday, or your accident occurred outside of the services of your package, you may need to engage a solicitor in the country where the accident happened.

To find out if you are able to make a personal injury claim for an accident that happened while you were on holiday, contact us and we will be happy to discuss this with you.