Accidents and Illness on holidays

An accident or illness abroad can be a traumatic and stressful experience for you and your family. Not only can dealing with the injury or illness cause substantial anguish and disruption, but being in a foreign country without the vital support and guidance that you need can also be very daunting.

We provide advice on the civil liability of the organizers and retailers arising from:

  • Breach of the obligations under the contract, regardless of whether they are to be performed by them or by other service providers.
  • Liability for damage to a consumer and as a result of non-performance or poor performance of the contract.
  • Liability for personal injury that may result from any kind of accident during a tour or activity agreed within the contract package.
  • Responsibility for the spread of disease in hotel.

When considering a claim compensation as a result of injuries sustained while taking part in a package holiday, we must consider whether the activity was part of the package holiday hired by the victim. In this regard we must consider the provisions of the Council Directive of the European Communities 90/314 EEC of 13 June 1990 on package travel, package holidays and package tours, as well as its regulation in Book IV of Royal Decree 1 /2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users.

In order to consider that there is package holiday there must be a pre-arranged combination of at least two of the following:

  • Transport,
  • accommodation,
  • other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package.

The package tour organizers (tour operators) and retailers (travel agencies) are jointly responsible for the injuries sustained by the victim who has contracted a package when these arise from a breach of the obligations under the contract, whether they should execute them or different service providers had been hired for this.

The contract package is a consumer contract, it represents a great complexity in itself because of the conflicting interests that includes, on the one hand, consumers and on the other companies and large multinationals.

 

Our expertise and a network of partners allows our firm to pursue claims in the United States and the various countries of the European Union.