Personal Injury

Injured on holiday?
Your tour operator may be responsible.

A holiday should be one of the best times of the year. When it ends in injury — a fall by a poorly maintained pool, food poisoning at a hotel, an accident during an excursion — the impact can last far longer than the holiday itself. Irish and European law gives you strong rights in these situations.

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Tour operators are legally responsible for the safety of their packages

Under the Package Holidays and Travel Trade Act 1995 and EU Package Travel Directive, tour operators who sell package holidays — flights and accommodation bundled together — are liable for the proper performance of all the services included in the package, including the safety and standard of accommodation.

This means you can bring a claim in Ireland against the tour operator, in Irish courts, even if the accident happened abroad. You do not need to sue a hotel or airline in a foreign jurisdiction. This is a significant practical advantage for Irish claimants.

Report it before you leave

Report any accident, injury, or illness to the hotel management and your holiday rep before you leave the resort. Get a written record. Take photographs of the hazard that caused the accident. Keep all receipts for any medical treatment abroad. These steps are important for any subsequent claim.

Others in the same situation

Ronan, Cork
Injured during an organised excursion arranged through the hotel and included in the package.
Tour operator held responsible
Yana, Galway
Fell from defective hotel balcony furniture. Hazard had been reported by a previous guest according to hotel records.
Full compensation awarded
Kevin, Limerick
Swimming pool accident due to inadequate supervision and failure to mark pool depth. Child sustained head injury.
Settlement reached

The Murphy family — Lanzarote

"We reported it to the rep at the time. We were told to enjoy the rest of our holiday and that it would be looked into."

The Murphy family from Cork were four days into a two-week package holiday in Lanzarote when their twelve-year-old daughter slipped on an unmarked wet step at the hotel pool. She fractured her wrist and was in plaster for the remainder of the holiday. The family spent three days of their holiday in a local medical facility and navigating insurance paperwork.

The hotel manager was sympathetic but said the matter was one for the Irish tour operator. The holiday rep was helpful in person and assured them the incident had been logged. Back in Ireland, the tour operator initially suggested the family should pursue the hotel in Spain directly.

Their solicitor advised that the Package Travel Regulations meant the Irish tour operator was fully responsible for the services included in the package, including the hotel's safety standards. The claim was brought in Ireland under Irish and EU law.

The case settled without the family needing to take any further action abroad.

Tour operator liability established — Irish settlement reached This story is based on situations commonly experienced in Ireland and is for illustrative purposes only.

Answered plainly

Yes, if you booked a package holiday through an Irish tour operator. The Package Holidays and Travel Trade Act 1995 allows you to bring a claim in Ireland against the tour operator for the failings of their suppliers, including hotels and excursion providers.
Booking components separately significantly changes your legal position. You would generally need to bring a claim against the individual airline or hotel directly, potentially in a foreign jurisdiction. This is more complex. Your solicitor will advise on your options.
You can generally claim from both your travel insurance and bring a civil claim, but any insurance payout may be offset against your civil compensation. Your solicitor will advise on the interplay between the two. Do not delay the civil claim waiting for an insurance decision.
The incident report from the hotel, photographs of the hazard, medical records from treatment abroad, your booking documents showing it was a package holiday, receipts for all expenses, and the names of any witnesses or staff members you dealt with.

Other personal injury scenarios

Your holiday turned into something no one planned for.
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