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Clarke & Son Blog​

Holiday and Travel claims

We are now well into the holiday season when travel is often at the forefront of our minds and we are getting excited about the prospect of journeying away for some deserved rest and relaxation.

Sadly however problems can arise associated with holidays abroad.  These can include, for example, the common occurrence of Noro Virus and similar food poisoning claims often associated with cruise holidays. More recently we have seen examples in “luxury resorts” of problems with cocktails and mixed drinks, again with some distressing consequences.

Other alternative claims can arise out of defects in premises abroad which includes hotels and restaurants. These claims can be quite complex as they involve allegations of breach of contract rather than common law negligence which would be the case in the UK.

It is often necessary to rely on the Package Travel, Package Holidays and Package Tours Regulations 1992 to sue a tour operator in this country. Even so, a Claimant may need to show negligence or breach of duty by local standards in a foreign country.

Holiday claims can be further complicated where travel, notable by air, is involved, and there may be shorter limitation periods within which to bring a claim as well as limits on the amount that can be claimed at all by reason of international conventions.

Therefore, these come into the bracket of specialist claims which tour operators and their lawyers are used to processing and defending. It is frequently the case where a holiday company will offer compensation to a disappointed holiday maker that was far below the sum to which they were properly entitled. It needs to be remembered that these claims are still rare in that you can be compensated for disappointment, particularly if the holiday was supposed to be for a special event, typically a wedding.

That said, this is the holiday season and we should all strive to enjoy ourselves if possible.

If you have a query about travel claims or would like to arrange an appointment please do not hesitate to get in touch with myself or another member of the Dispute Resolution team on 01256 320555 or by email: mail@clarkeandson.co.uk.

Simon Horwood

Litigation Executive

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