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Airtours Accident On Holiday Claims Guide – How To Claim? How Much Compensation Can I Claim For Personal Injury?

Airtours are one of the UKs largest package holiday providers offering holidays to destinations all over the world. The majority of customers have an enjoyable holiday and encounter no problems but there are times when customers seek compensation for a bad holiday where an accident or illness has been caused by somebody else.

Airtours holiday accident claimsAs a tour operator, Airtours has a duty to ensure your safety while on holiday and compensation can be sought for any personal injuries sustained whether it be on the flight, in the hotel or on an excursion. Legal Expert are a personal injury solicitor who can help with holiday accident claims against Airtours, so if you would like to make a claim then please call our team on 0800 073 8804.

If you’d like to know more first then please continue reading this guide which will explain the types of accidents that can occur, what to do in the event of an injury abroad and how to make claims easier and within the allowed timescales.

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A guide to Airtours holiday accident claims

This guide is going to walk you through making an Airtours holiday accident claim including the types of accidents that happen, how much an injury might typically be worth, what evidence you should gather to support your package holiday accident claim and the time limits involved in making a claim.

These types of claim rely on your holiday being deemed as a package holiday as there are special regulations to protect package holiday tourists. To be deemed a package holiday the rules state that you must’ve purchased two or more components of your holiday from the same tour operator at the same time. The elements are:

  • Flights
  • Hotel/Accommodation
  • Excursions (that are a major part of the holiday).

The regulations further state that package holiday must be more than 24 hours and must include an overnight stay. Package holiday claims are easier when you’ve booked everything from the same provider such as Airtours but even if you booked different elements at different times it may still be possible to be classed as a package holiday (it is more complicated this way but get in touch and we can investigate this for you).

If, after reading this guide about holiday accident claims, you have any further questions then please get in touch.

What accidents commonly happen on a package holiday?

Holiday accident statistics show that thousands of tourists from Britain end up in hospital following an injury or illness each year. This may result in a ruined holiday, a delayed return and sometimes life-changing injuries that affect the victim way beyond the duration of the holiday.

If the accident that you’ve been injured in, while on an Airtours holiday, was the fault of Airtours or services provided by others on behalf of Airtours then you can make a holiday accident compensation claim. You need to clearly demonstrate how it was somebody else’s fault and this guide will explain the type of evidence you can collect to assist your claim.

There a quite a few common accidents which lead people to make Airtours holiday accident compensation claims with us including:

  • Food poisoning in a hotel or on the flight that you booked through the tour operator (including all-inclusive meals).
  • Slips, trips or falls.
  • Accidents while on a day trip or excursion booked as part of your Airtours holiday.
  • Road traffic accidents which can happen on an airport transfer in a taxi or bus provided by Airtours or while using a rental car.
  • Swimming pool related illnesses in the hotel you booked as part of the package holiday.
  • Injuries in sport or activity type excursions booked as part of your holiday.
  • Damaged furniture, fixtures or fittings in the hotel.

There are more accidents that you could claim for, this list is the most common that we see. If you’ve been involved in any other type of accident abroad and it was somebody else’s fault, then you could still make a claim.

What injuries commonly happen on package holidays?

This list is going to show the types of injuries people sustain when lodging an Airtours holiday accident claim. It isn’t exhaustive but lists some of the most common types we deal with. The types of injuries are:

  • Broken bones: From simple fractures to complex groups of fractures that require multiple surgeries to put right.
  • Head injuries: Can be caused by falling objects or slips and falls.
  • Spinal injuries: These can lead to life-changing injuries if not treated properly in the aftermath of an accident.
  • Soft tissue damage: This isn’t always obvious at the time of an accident and may present itself after a couple of days following an accident.

Later in this guide we’ll cover the amounts each injury might be awarded as compensation. There is no such thing as a accident abroad compensation calculator (as you may see advertised on the Internet) as every injury is different but we can indicate the ranges that may be obtained.

Airtours owes their holidaymakers a duty of care

There are situations where Airtours would be unable to predict that something could go wrong. Unforeseeable events of circumstances wouldn’t usually be covered by package holiday protection but in every other event Airtours has a duty of care to protect its customers and ensure their safety.

If you’ve become ill or injured while on an Airtours package holiday then you should contact them ASAP to give them the opportunity to put things right, if possible, while you’re still on holiday.

The Airtours contact number is: +44 1733 224 330 or you should have an emergency contact number provided by your rep upon arrival in your resort. In the case of an injury or illness package holiday operators have a duty of care to explain how to get emergency treatment, medical care and any other assistance you require.

Are there are time limits for making Airtours accident claims?

The current UK law for making a package holiday accident claim provides you with a three- year period in which to make any compensation claim. You are able to make a claim against Airtours if the accident happened in the UK or abroad. The three year time limit can begin at different points:

  • From the time you of your accident.
  • From the time you became aware of your injuries (this could be after the accident if the injuries aren’t diagnosed straight away or if you were in a coma following the accident)
  • If the claimant is a child then parents can claim up until the child is 18 or the child, on becoming an adult, has 3 years from their 18th

These rules are strict and so the best advice would be to begin your Airtours holiday accident claim upon your return to the UK to avoid missing the deadline.

Accidents, injuries, or illness at a hotel booked via Airtours

There are numerous types of accidents that may occur in your hotel that could lead to you making an Airtours holiday accident compensation claim that Legal Expert can help you with. You would only be able to claim if the accident was due to the staff at the hotel being negligent in some way or not following safety procedures.

The types of accidents and injuries that can occur include:

  • Slips, trips and falls: This can happen inside or outside the hotel and the hotel could be to blame if the floor was uneven or damaged, a trip hazard wasn’t clear because of poor lighting or if slippery (possibly wet) floor wasn’t highlighted with warning signs.
  • Food poisoning: We cover this in more detail in the next section but if the hotel hasn’t stored, prepared, cooked or reheated properly then it can lead to food poisoning for you or your family and can ruin your holiday, especially in more serious cases.
  • Injuries from faulty or damaged furniture or equipment. This could be in your room, the lobby, by the pool or even in the gym. If an item of equipment is damaged prior to you using it then the hotel, it could be argued, should’ve repaired it or removed it from use.
  • Burning and scalding: If food or drink is served that is excessively hot and no warning is given you could make a claim. These types of injuries can also occur following a spillage by a member of hotel staff.

Any of these types of accidents, as well as many others, in a hotel could lead to a personal injury claim against Airtours so please get in touch with Legal Expert to begin your claim.

Compensation for car crashes and road traffic accidents on a Airtours holiday

A road traffic accident while abroad can be devastating as it can leave you with injuries, anxiety and even lead to fatalities. Obviously if your accident happens in a hire car that you organised yourself then the claim would not be against Airtours, but the other driver involved. If, however the accident happened on an airport transfer (by bus, taxi or minibus) then you could make a claim against Airtours for your injuries and damage to any personal items.

The same is true if your package holiday included a hire car or if you booked an excursion through Airtours that included driving a vehicle such as a safari tour or quad biking experience.

The question of liability has to be asked for any claims and so you can only claim against Airtours if the accident was not your fault and you can show why it was somebody else’s fault.

Airtours food poisoning and holiday sickness claims

Food poisoning can lead to a simple single day in bed recovering or can lead to much more serious, life-threatening, conditions which all could’ve been avoided. If you became ill following a meal at a restaurant, hotel, café or bar booked through Airtours then you could make a package holiday accident claim against them.

Food poisoning occurs when food is:

  • Undercooked or not reheated correctly.
  • Used beyond its use-by date.
  • Is handled by somebody with contaminated, unwashed hands.
  • Is not stored correctly.
  • Is prepared in unhygienic kitchens.

Any of the above which can be proven would mean you could claim for compensation and also if a doctor diagnoses you with any of the following conditions:

  • Salmonella
  • E-Coli
  • Noro Virus
  • Gastroenteritis

According to the NHS common symptoms of food poisoning include:

  • Stomach Cramps
  • Sickness or nausea
  • A high temperature (above 38C)
  • Vomiting
  • Diarrhoea

If you experience any of the above, you should seek medical advice and also let the package holiday rep know.

I have been injured on holiday, what should I do?

When seeking Airtours holiday accident compensation there are a number of things you can do to make your claim easier when you return to the UK including:

  • Gathering witnesses contact details and, if possible, asking them to write down what they saw in the form of a witness statement.
  • Photographing the scene of the accident to capture as much detail as possible including the cause of the accident. If you were involved in a fall in your hotel because of cleaning taking place but no warning signs then try to photograph the whole area, showing the wet floor and lack of warning signs.
  • Report the accident to staff and ask them to log it in their accident reporting system (which most places should operate) and ask them for a copy of their report. If you can’t get a copy of the report then take a note of the staff members name and the time you reported the accident to them.
  • Report the accident to your Airtours rep who may be able to help with resolving your issue. This also ensures your accident is logged but for extra clarity you could send a follow up email, so you have your own log that the case has been reported.
  • In the case of a road traffic accident ask the other driver for their details and their insurance details. Also, if your car has it, ask the hire company for a copy of the dashcam recordings.
  • In the case of a serious injury you may need to contact the emergency services who, in turn, may report your situation to the British Embassy

All of this evidence can be useful and make your compensation easier to secure. Legal Expert will also obtain any medical records or police records of your accident to further supplement the evidence.

When you return to the UK you can begin you claim by contacting Legal Expert and it is advisable to visit a GP or hospital in the UK to check the advice given while abroad is correct and to check on your injuries.

What can I make a Airtours holiday accident claim for?

When you contact Legal Expert to begin your Airtours holiday accident claim there are a number of things we can take into account when making your claim. It can be a complex process to ensure everything is covered and nothing is missed but in general you can claim for:

  • General damages: these include compensation for the pain and suffering caused by the injuries sustained in your accident.
  • Medical costs: If you’ve had to pay for medical treatment then this can be added to your claim but so can things like travelling to the care provider, car parking and any other associated costs such as medicines.
  • Damage to personal property: If, at the time of your accident, any personal property was damaged then cost of repair or replacement can be claimed for such as damaged clothing, damaged mobile phone or even damage to a pair of spectacles.
  • Loss of earnings: After you return to the UK you may not be well enough to return to work in which case you can add the loss of earnings (and future loss of earnings as well if you require any more appointments for treatment) to your claim.

Basically, after the general damages are calculated, anything that costs you money because of your accident can be claimed back as part of the Airtours holiday accident compensation claim and this could also include the cost of somebody to help care for you while in recovery. It would be advisable to keep any receipts that back up your claims so that Legal Expert can add them to the evidence portfolio for your claim.

Finally, you can make holiday claims for loss of enjoyment of your holiday which means that if for 3 days of your holiday you were unable to enjoy it because of your illness or injury then you could make a claim for that loss of enjoyment.

Airtours accident abroad compensation calculator

Unfortunately, there is no such thing as an accident abroad compensation calculator as you may have seen advertised on other websites. At Legal Expert we are savvy enough not to make promises or exaggerate amounts that you may get without knowing anything about your case. Instead, at this early stage of your claim, we’ve included the table below which shows the amounts that are possible to obtain for certain types of injuries sustained on a Airtours holiday.

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Type of Injury Level of Severity More Information Possible amounts paid in compensation
Neck injured Minor to severe From a neck strain to whiplash or even complete paralysis Up to £130,075
Back injured Minor to severe From simple cuts and sprains, through fractures of the vertebrae, to some form of permanent back-related disability. Up to £141,165
Hand injured Minor to serious From damage to the soft tissue of the hand, through sprains and nerve damage, to amputation of one or both of the hands. Up to £54,295
Wrist injured Minor to severe From cuts and sprains, through tendon and nerve damage, to complete paralysis of the wrist. Up to £4,175
Arm injured Moderate to severe From minor injuries such as lacerations and sprains, through fractures, to amputation or complete loss of use Up to £114,825
Finger injured Minor to severe From damage to the soft tissue, through dislocations and fractures, to amputation of one or more fingers. Up to £21,935
Thumb injured Minor to severe From damage to the soft tissue, through dislocations and fractures, to amputation of one or both thumbs. Up to £48,035
Toe injured Moderate to severe From cuts and lacerations of the toe, through sprains, dislocations and fractures, to complete amputation of one or more toes. Up to £49,135
Ankle injured Minor to severe From cuts, abrasions and sprains, through tendon and nerve damage Up to £61,135
Foot injured Minor to very severe From lacerations, cuts and bruising, through fractures and nerve damage, to paralysis of complete amputation of one or both feet. Up to £96,135
Leg injured Minor to severe From damage to the soft tissue and muscles of the leg, through breaks and tendon damage, to paralysis or amputation or one or both legs. Up to £119,235

If your injury isn’t listed, then don’t worry as this table is only a guide. Please get in touch and we’ll discuss your case as we know nearly all cases are unique.

What is the best way to begin a holiday accident claim?

The simple answer to this question is: get in touch with Legal Expert and we’ll do the rest! Our team have years of experience dealing with Airtours holiday accident compensation claims and know how to obtain the correct amount of compensation that your claim deserves.

No win no fee Airtours accident claims

It is common, when we discuss new claims, for potential clients to be worried about being left with a huge financial bill that they can’t afford. This is why, unlike solicitors who charge by the hour regardless of the outcome of the case, we work on a no win no fee basis for all cases that we take on.

The legal term for no win no fee is actually a Conditional Fee Agreement (or CFA) which means that when you agree to work with Legal Expert then we will inform you of what our fee will be (as a percentage of the compensation we win for you) and you only have to pay it if we win your case. If we don’t you don’t pay a penny.

Why make a Airtours illness or injury claim with us?

Legal Expert are a professional team of personal injury solicitors who’ve got years of experience dealing with holiday accident claims, personal injury claims and package holiday accident claims with numerous happy customers.

We try to make the whole process as easy as possible for you and will keep you informed along the way of any offers we receive on your behalf and advise you if we think it’s a fair offer or not. We offer a no win, no fee service for any case we take on meaning using Legal Expert for your Airtours holiday accident claims is completely risk free.

How to contact us

Now that you’ve read our guide to Airtours holiday compensation claims and you know about our no win no fee service we hope you’re ready to begin your personal injury claim with us at Legal Expert. If so, you can get in contact in a number of ways:

Please call today and we’ll begin by understanding your holiday sickness claim or injury claim by conducting an initial free consultation where we’ll gather as many details as we can to start building you case.

Helpful links

Here are some links which we hope will help you when preparing to make your Airtours holiday accident claim:

Package Holiday Regulations 1992 – The Package Travel, Package Holidays and Package Tour Regulations 1992 by the UK government.

Food Poisoning Guide – a guide to the symptoms and causes of food poisoning by the NHS

Holiday Accident Claims – our guide to non-package holiday sickness claims and accidents.