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Package Holiday Injury Claims in Spain – Personal Injury and Accident Claims Free Advice

By Russell Bowes. Last Updated 18th June 2024. In this article, you will find a full guide that covers the process of making package holiday injury claims in Spain. It contains all of the information you need to understand how making personal injury claims for holiday accidents works. Rather than include an online personal injury claims calculator, we have given a table full of real-world compensation amounts for a range of different injuries you could suffer while you are on holiday in Spain.

If you would rather simply skip reading this guide and move straight on to making a compensation claim for an injury caused by an accident while you were in Spain, call Legal Expert on 0800 073 8804, and we will talk you through the process of starting your claim now.

package holiday injury claims spain

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What Is A Package Holiday to Spain?

When you book your holiday in Spain through a UK-based package tour operator, you will automatically be protected by the Package Travel, Package Holiday, and Package Tour Regulations 1992. These were put in place to protect UK consumers from the actions of tour operators, who were selling cut-price, budget holidays and often cutting corners to do so. In order for your holiday to be seen as a package holiday, the price you paid to the tour company in the UK must include at least two of the following:

  • Accommodation at a hotel, guesthouse, bed & breakfast or some other form of tourist accommodation.
  • Transport, a flight, coach, ferry, etc.
  • Other services aimed at tourism, such as day trips, excursions, sporting activities, etc.

If your holiday fits these criteria, then Legal Expert can help you to claim for an injury you sustained while on holiday in Spain. Call us at the number at the end of this guide to proceed.

What Should You Do When Injured on A Package Holiday in Spain?

package holiday claims Spain statistics

Source: https://www.euroweeklynews.com/news/on-euro-weekly-news/spain-news-in-english/1472111-spain-tops-tragic-table-for-young-brits-dying-abroad-according-to-uk-website

Take a look at the graph above; it clearly shows that Spain is the country where the most UK holidaymakers die while on vacation each year. Of course, this is weighted by the fact that Spain is by far the most popular tourist destination for UK consumers. Even so, it demonstrates how frequent even fatal holiday accidents are. So, it is important to know what to do if you are the victim of an accident while you are on holiday in Spain. Taking actions such as those listed below would be beneficial:

  • Get professional medical attention – you can also ask for a copy of your medical records when you are discharged from the hospital, these can be used as evidence in your claim at a later stage.
  • Gather evidence – if you can, take photographs or record video that shows the cause of the accident. For example, a broken floor tile that caused a trip or a faulty light fitting that caused an electric shock.
  • Contact you package tour operator – this is a vital step, in order to be protected by UK legislation, you must tell your tour company that you have had an accident while on a holiday they organised for you.
  • Get witness details – if anybody saw the accident happen, ask for their name, address and telephone number so that if needed, they can be contacted to give a statement of events that could be submitted to support your claim.
  • Contact your insurance company – if you have travel or health insurance and intend to claim on if for the injury you sustained on holiday in Spain, contact them and let them know.

Taking steps like these above will give your personal injury lawyer a better chance of successfully claiming compensation. Call Legal Expert on the number at the end of the page today to start your claim.

Examples of Package Holiday in Spain Operators

The most vital step of starting a claim for personal injury compensation Spain visitors must take is to contact the UK-based tour operator that they booked their holiday through. Below is a list of the largest of these.

  • Cosmos Worldwide Holidays –
  • Virgin Holidays
  • Thomson (now TUI)
  • First Choice (now part of TUI)
  • Thomas Cook Group
  • Travel Republic
  • Hays Travel
  • EasyJet
  • Travel Supermarket
  • Monarch Airlines – ceased operations 2nd October 2017.

Legal Expert can help you to claim compensation for an injury caused by an accident while you were on a holiday in Spain booked through a UK travel vendor. Call us at the number at the end of this guide to find out how.

What Does the Law Say About Package Holidays and What Protection Are Travellers Given?

An important aspect of making for package holidays is the way that UK citizens on holiday overseas, are protected by UK law as long as their holiday was booked through a UK travel vendor, and it fits within the definition of a package holiday.

The Package Travel, Package Holidays and Package Tour Regulations 1992 came into play in 2002. What this means, is that any time you book a package holiday, through a large travel firm, or through an independent travel agent who put together a flight, accommodation, etc. for you, then you are protected.

Under this legislation, your package holiday vendor is responsible for any problems with your flight, transport, accommodation, etc. When you make a compensation claim for an injury that happened while you were on holiday in Spain, this is the UK law you will leverage to make a claim. You don’t need to make a claim in Spain; you claim when you get home to the UK.

Legal Expert is experienced in making holiday accident claims based on these UK laws. Call us at the number at the end of this guide to find out how we can help you to make a claim.

What Happens If You Bought Your Package Holiday in Spain From A Different Country?

If you book your package holiday outside of the UK, then it is possible that the country you booked your holiday in has similar laws to those in the UK. Furthermore, the European Union itself has a number of laws that are applicable to European travel vendors.

The situation is not clear in these cases though, so call Legal Expert on the number at the end of this page so we can give you some advice on what your best route for making a claim is.

How to Claim for A Fatal Accident on A Package Holiday

Unfortunately for some people taking a Spain package holiday illness or injury can lead to a fatality. If this is the case, then certain legal entities will be able to make a compensation claim instead of the person who was fatally injured, and these are:

  • Dependants of the deceased – a spouse, partner or children can claim for the loss of a person they are dependent upon.
  • Close family members of the deceased – if there are no immediate dependants, close family members can claim for the loss of a loved one.
  • The estate of the deceased – if the deceased left behind, for example, a small business that is entirely dependent upon them for its operation, then the business would be able to claim for the loss of a key person.

To find out if you are able to make a compensation claim for the loss of a loved one whilst on holiday in Spain, call Legal Expert in the number in the final section of this guide.

Slips, Trips, And Falls on A Package Holiday in Spain

One of the most common causes of package holiday injuries is slip, trip and fall accidents. These can happen in many ways while you are on holiday, such as:

  • Slips – these are very common around the swimming pool area of a hotel. Where flooring may have become wet due to people getting in and out of the pool and entering the hotel.
  • Trips – these can happen almost anywhere, for example, getting on to a bus that is taking you on an excursion, or walking through a hotel dining room that has a torn or ripped carpet.
  • Falls – again, there are many ways these can happen on holiday. Possibly the worst of which is falling from a hotel balcony due to the safety railing being faulty.

These are just some of the ways that slips, trips and falls can happen while you are on holiday in Spain. Call Legal Expert on the number down at the end of this guide so that we can help you claim for an injury caused by a slip, trip or fall accident while you were on holiday in Spain.

Claiming for Food Poisoning on A Package Holiday in Spain

Another very common reason to make package holiday claims is due to contracting food poisoning while on holiday in Spain. Package tour, budget holidays are one of the highest risk forms of travel when it comes to catching food poisoning. This is because many of the inclusive meals are served in a buffet format. Food can be left out too long, or be undercooked, and this can lead to food poisoning.

If you have come down with food poisoning while you are on holiday in Spain, once you get back to the UK Legal Expert can help you make a compensation claim. Call us on the telephone number down at the end of this page to proceed.

When Making A Package Holiday Injury Claim in Spain, What Can You Be Awarded Compensation For?

Rather than seek legal assistance in Spain, you should use a UK legal firm to claim against a UK-based package tour vendor. Any settlement this UK legal firm secures for you will be made up of a number of different types of damages, which can include but are not limited to:

  • Special damages – this covers everything non-physical about your claim. Loss of future earning potential, loss of current earnings, travel costs, medical fees and the cost of hiring in-home help for example.
  • General damages – this covers everything physical about your claim. Permanent disability, long-term recovery, psychological damage, pain and suffering for example.

For a much better idea of the types of damages, your holiday claim might attract, call Legal Expert on the number at the end of this guide and we can advise you.

No Win No Fee Spain Package Holiday Injury Claims

Legal Expert offers our No Win No Fee holiday claims service as the best way to make a compensation claim for an injury that you sustained on holiday in Spain. This claims service is available to all people in the UK.

Under this kind of agreement, there is no cost at all for us to begin making a claim on your behalf. Even if it takes months for us to settle your claim we still won’t charge you anything. If your claim fails, then we will ask you to pay nothing at all. When we do win your claim though, then we will ask you to pay our fees.

To find out more about this holiday claims service, call Legal Expert on the number below today.

Why Make a Spain Package Holiday Injury Claim with Us?

Legal Expert can hook you up with a personal injury solicitor who is experienced in making package holiday claims on behalf of people who were injured while on holiday in Spain. We have a proven track record of winning such claims on behalf of our clients, and we can do the same for you.

We explain everything in simple English, no confusing legal jargon, and are always available to answer any questions you might have about how your claim is proceeding.

Call Legal Expert on the number below, and we can get started on your holiday compensation claim today for you.

Contact Legal Expert Today

Are you ready to make a claim for a holiday accident in Spain? If you are, then please call Legal Expert now on 0800 073 8804, so that we can learn a little more about your case, and then give you some advice on what to do next.

Links, Resources and More Information

On the webpage we have linked to below, you will find a guide to making slip, trip and fall claims:

A guide to slip, trip and fall claims

On the webpage we have linked to below, you will find a guide to making swimming pool accident claims:

A guide to swimming pool accident claims

In the below guide you can learn more about how to claim when injured in a restaurant in Spain

Restaurant in Spain accident claims

On the webpage we have linked to below, you will find UK Government information offering Spain travel advice:

UK Government Spain travel advice

On the webpage we have linked to below, you will find information about package holiday regulations published by ABTA.

ABTA information about package holiday claims

Thank you for reading our guide on package holiday injury claims in Spain.

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    • Patrick Mallon legal expert author

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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