Holiday Claims Bureau actively help British holidaymakers who have become unwell or been injured during package holidays booked through the travel retailer On The Beach.
Your right to make a claim in the UK
Under the Package Travel and Linked Travel Arrangements Regulations 2018, if there has been a failure in part of a package holiday you purchased from a UK Tour Operator and you suffer illness or injury as a result, you can make a claim in the UK. The legislation applies to holidays booked after 1 July 2018 and more types of travel arrangement are now considered as packages than previously, such as tailor-made getaways and bespoke ‘shopping basket’ trips.
Getting medical help
You should seek appropriate medical attention for illness or injury as soon as you can. We recommend that everyone in your party is covered by a policy of travel insurance, and that you keep contact details of your insurance company handy. You should be able to recover the costs of medical treatment from your insurer, but it’s unlikely to cover you for the pain, suffering and other losses you incur as a result of the injury/illness.
If you have to attend a clinic or hospital abroad, keep any doctor’s notes or prescriptions.
If you seek medical attention in the UK, be sure to tell the Doctor what has happened. If you’re suffering a gastric illness on returning from overseas, you may wish to request that a sample is tested. This is important not only to identify if you have picked up a specific pathogen, but also to check whether you are carrying an infection that could put others at risk.
Reporting illness or injury to On the Beach
If you have an On the Beach rep on resort, you should formally report any episode of illness or injury within your party to them as soon as you can. If there is no rep on resort, On the Beach have a 24/7 support line in operation; the number will be on your booking confirmation. You should request a copy of the report completed by the rep or customer service agent.
Assembling your evidence
For a claim for personal injury to succeed, it must be established that the Tour Operator failed in its duty of care to you in delivering the package holiday. It must also be established that on the balance of probability, this breach was the cause of your illness or injury, rather than any other factor. The fact you were ill or injured in itself does not automatically entitle you to compensation.
It’s therefore important to retain any evidence that might help prove your case. For holiday accident and holiday illness claims, this might include:
- Evidence of your medical treatment (eg doctor’s notes, receipts for medicines purchased)
- Photographs that identify problems or defects
- Contact details of witnesses or other people affected who may be able to corroborate your version of events
- Copy correspondence between your travelling party and the hotel or tour operator
Seeking legal advice
If illness or injury that was not your fault occurs during your On the Beach package holiday, call 0161 813 2131 to find out how our expert team can start to put things right, or get in touch online and we will arrange a call back.