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.
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 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.
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.
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