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TUI Package Holiday Accident Compensation Claims – How Much Compensation For A Personal Injury?

If you have suffered an accident, injury, or illness which was not your fault, whilst on a holiday booked through TUI, you could be eligible to make a TUI holiday accident claim against the company. Legal Expert can help you to make a successful personal injury claim against tour operators in the UK and across the world. TUI is the new trading name for Thomson holidays, with the company officially rebranding in 2017.

TUI Package Holiday Accident Claims

Many of the holidays which are booked through TUI are package holidays. Whether taken here in the UK or abroad, if the holiday was booked through TUI in the UK you could make a holiday accident claim. Whenever you book a holiday (or the individual components there of) the tour operator has a legal duty of care to ensure your health and safety when using their services. Depending upon whether you booked your holiday as a package, or organised your own trip, your rights to compensation may vary.

At Legal Expert we have a team who are experienced in making holiday sickness and injury claims with a variety of tour operators for clients across the country. You can make a personal injury claim for accidents or injuries which occured on any part of your holiday, as long as you can show that the tour operator was liable for what happened to you.

In the guide below we look at the circumstances in which you could be injured whilst on TUI holiday, the types of injury often suffered, and, crucially, how our team can help you to get compensation for the effects on you. We will also provide information such as;

  • How to contact TUI in an emergency or to make a complaint.
  • What to do after an accident, injury, or illness.
  • What evidence you may need to make a personal injury claim.

When ready to make your claim, contact us by calling 0800 073 8804.

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A guide to TUI holiday accident claims

In this guide we look at how to make a TUI holiday accident for illness or injury suffered on a package holiday. We take you through the process of doing so, and have included a table with examples of how much different injury claims are typically worth.

The first thing we need to do is to establish what a package holiday is. According to UK legislation, to be considered a package holiday, the customer will need to have booked their holiday as a complete package with the tour operator. This means the flight, accommodation, and other parts of the holiday being booked together. At least two parts of your holiday must be booked together to be legally considered a package. The trip will need to for a period of greater than 24 hours and must include an overnight stay. Other parts of a package holiday may include your transport and transfers as well as other services provided which account for a larger part of the holiday. An example of this could be food and drink on an all inclusive holiday.

Whilst package holidays are commonly booked through the same account, if you paid for different parts of the holiday through different accounts it can still be legally considered a package. Having booked the elements of your holiday separately online can still be a package, though this can make it more complicated to claim compensation for a bad holiday which led to your being injured or sick.

Common accidents on TUI holidays

There are many different ways in which people can be injured whilst on holiday and each year several thousand British holidaymakers have to visit hospitals abroad for treatment. Figures released by the Foreign and Commonwealth Office show that in 2013/ 14 a total of 3,157 British tourists abroad needed hospitalisation. This figure does not include more minor or outpatient treatments which did not require a hospital stay. A survey carried out by the Post Office (a major provider of travel money and insurance) estimated that as many as 4.4 million British tourists have been injured on holiday.

If you have been harmed in an accident, or have become sick whilst on a holiday booked through TUI, you could be able to make a TUI holiday accident compensation claim, provided that you can clearly show they (or their service providers) were at fault.

There are several very common causes of injuries or sickness which we see people suffer and make tour operator compensation claims for. These include:

  • Road traffic accidents. These could be caused by defaults with a rental car, or by being injured in an airport transfer which was booked as part of your package deal.
  • Holiday food poisoning claims against the hotel or airline included in a package or booked independently.
  • Water borne illnesses contracted in a swimming pool at your hotel, or other provider booked through your tour operator.
  • Injuries sustained whilst participating in activities such as a watersport. This may also include being injured using hotel facilities such as a gym or spa.
  • Accidents, injuries, and illness sustained on an excursion booked as part of your holiday or through a UK based provider.
  • Common trips, falls, and slips.
  • Electrocution caused by damaged equipment in a hotel room.
  • Damaged fixtures, fittings, or furniture causing injury.

Next, we will look at some common forms of injury and illness which we see people make TUI holiday injury claims for.

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Common injuries on TUI holidays

Again, there are many different ways in which a person could be sick or injured whilst on a holiday in the UK or abroad, there are several common forms which we commonly see people make a personal injury claim for. These include:

  • Injuries to the soft tissues such as sprains and strains. They may also include injury to the ligaments or muscles.
  • Fractures and broken bones.
  • Gastrointestinal distress and illnesses.
  • Heatstroke and severe sun burns which were in some way caused by the hotel or other service provider.
  • Electrocution from faulty appliances in a hotel room.
  • Severe skin burns caused by faulty showers.

If you have sustained any of these, or other types of injury, talk to Legal Expert today about making a TUI holiday injury claim.

TUI’s duty of care to holidaymakers

If you have been injured on a holiday booked through TUI you have the right for the company to rectify the situation as quickly as possible. Circumstances in which you can make a TUI complaint include your holiday not being as advertised, or you being injured or sick as a result of their negligence. If you have been injured on a holiday or become sick you should notify the company as soon as possible. This may give them the chance to rectify what has happened, if possible.

The TUI emergency contact number is (+44) 845 682 0199. This is correct at the time of publication. You should also have been provided with an emergency contact number with which to make a TUI complaint. They have a duty of care to ensure your safety on their holiday and are obliged to provide you with information about where and how to get any medical care necessary, as well as how to get any other assistance you need.

It should be noted that in the event of circumstances or events which are extraordinary or unforeseeable, holiday companies may not be liable for compensation claim. You can find out more about your rights as a consumer and TUI’s duty of care to you in the updated package travel information here.

How long do I have to claim compensation for an injury on a TUI holiday?

Under current law in England & Wales, claimants have a three year period in which they can make a holiday sickness claim against a provider such as TUI. This period applies for all claims made against TUI, whether the incident in question happened in the UK or abroad. This is because legislation enables you to bring a claim in the UK’s courts if a UK company is liable for accidents out of the country.

There are several points at which this three year period can begin. These are;

  • From the date and time of the accident or injury.
  • From the date of which you discover your illness or injury.
  • If the claimant is a child the parents have until the child is 18 to make the claim. After this, the now adult victim has the standard three year claims period.

If non UK companies of defendants are involved in the claim it may be necessary to bring the claim outside of the UK. As such time limits may then vary. If you have been injured abroad we recommend that you contact us to start your claim as soon as possible.

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TUI holiday hotel injury claim

Having the best possible hotel in the right location is a important part of many peoples holidays. It is also often the single biggest cost. Therefore if you have been injured or become sick at a hotel on holiday, it can be even more distressing. Hotel accidents, injuries, or illnesses can be caused by or suffered in any of the indoor or outdoor facilities and grounds which form part of the hotel. These areas and circumstances may include:

  • Broken, damaged, or otherwise faulty furniture and fixtures which causes injury. This might include appliances in your room which injure you, or those across the hotel such as in restaurants and bars, by pools and leisure areas, or even in a spa. Hotels are responsible for maintaining their facilities and if their negligence to do so caused you to be injured, you could claim compensation.
  • The improper cleaning, maintenance, or supervision of swimming pools. People may slip on wet floors by the poolside area if not kept dry.
  • Burn injuries caused by hot food or drinks being spilled on you by a staff member. These could also include food or drinks being served too hot and without appropriate warning.
  • Food poisoning and other forms of gastrointestinal distress or sickness caused by improper hygiene. In such circumstances you may be able to make a TUI holiday food poisoning claim.

There are numerous other ways in which you could have been harmed as a result of the actions or negligence of a hotel. Contact Legal Expert today to make a TUI holiday accident compensation claim.

Road traffic accidents on TUI holiday claims

Being involved in a road traffic accident or car crash whilst on holiday can be even more distressing than if you were involved in one in the UK. If you were not responsible for the road traffic accident, you could make a compensation claim for your injuries and accident. In terms of claims against TUI, you could make a compensation in several circumstances.

If the road traffic accident happened in an airport transfer which was booked as part of your package, or which was operated by your hotel you may be able to claim against TUI. Similarly, if your package holiday included a hire vehicle (such as a hire car), or on an activity included in your package (such as quad biking), you can also make a tour operator compensation claim.

You can claim compensation in circumstances such as where your injuries were caused by negligence, or through other circumstances which were not your fault. If you were involved in an accident which was not booked as part of a package, i.e. not booked through TUI, you will not be able to make a claim against them.

TUI food poisoning claims

If you have suffered food poisoning or similar forms of gastrointestinal distress at a restaurant, bar, or cafe which was part of your hotel booked through TUI, you can make a TUI holiday food poisoning claim. Common forms of food poisoning or sickness on holidays, and their symptoms include,

  • Salmonella: the symptoms of which include stomach cramps, diarrhea and vomiting.
  • Gastroenteritis: common symptoms are similar to those of Salmonella but also includes high fevers as well as aches and pains.
  • E-Coli: symptoms include cramps and potentially bloody diarrhoea, as well as nausea and feeling fatigued.

The causes of food poisoning include foods and drinks being served to you when they have either not been stored, prepared, or cooked correctly. They can also be caused by consuming foods and drinks which have become contaminated in some way. Some such bacteria and illnesses can be caught in swimming pools which are not cleaned properly.

If you experience these symptoms on holiday, inform your hotel straight away, as well as contacting TUI for advice on where to seek medical care.

What you can do to support your claim

When it comes to making any form of personal injury claim, there are certain pieces of evidence you can collect ad steps which you can take in order to give your personal injury lawyer the best chance of you making a claim. There are several steps which you should take, both before returning to the UK, and once you are back in the country.

Before returning to the UK

  • Seek medical care and ensure you are properly treated. This should always be your first step in the event of an accident or injury.
  • Ask for and keep copies of the resulting medical records.
  • If involved in an accident, take photographs of the cause of your accident, and your resulting injury.
  • Talk to any people who saw what happened to you. Ask if they can serve as witnesses to your claim.
  • Contact TUI to report what has happened to you. You should also notify your hotel, and any other necessary parties, such as your insurance company, and the British embassy if involved in a serious accident.

When back in the UK

  • Once back in the UK, you should again visit a doctor to seek any further medical treatment needed and ensure you were properly treated.
  • Finally, contact a personal injury lawyer such as Legal Expert to begin your TUI holiday accident claim.
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When and what can I claim TUI compensation for?

As with any personal injury claim, when making a TUI holiday accident claim, there are several different things which you can claim compensation for. The first of these is general damages. General damages, are awarded for the general pain and suffering which you suffered as a result of the accident or injury which you suffered.

Next you can be awarded compensation for the cost of any medical care and treatment you needed and had to pay for. If you had to travel to get this treatment, the cost of this travel can also be included in your claim.

Being injured or sick whilst on holiday may have spoiled part or even all of your holiday. You can claim compensation for this loss of enjoyment as part of your overall claim. If you had to meet other costs as a result of your accident, injury, or illness keep a record of these. This might even include having to return to the UK earlier than planned. You may still be able to recover these as well.

If you had to take time off from work upon your return to the UK, you may also be able to claim compensation for your lost income and workplace benefits.

When calculating how much compensation you are owed, we will take all of these into account. In the following section will look at how much compensation you may be awarded for different types of injuries.

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How much can you claim for injuries on a TUI holiday?

Below we have compiled a table with examples of different types of claim our personal injury solicitors can help you with. We have also included information on how much compensation you could potentially be awarded for these injuries. The figures provided are intended to be illustrative.

Edit
Level of seriousness Injury Potential settlement figures
Severe Head Injury £174,620 – £322,060 Up to and including claimant being left in a permanent state with little to no awareness.
Moderate Head Injury £12,210 – £174,620 Might include things such as lost sensation in your arms and legs, or reduced level of ability to use them.
Minor Head Injury £1,760 – £10,180 Injuries which you will quickly and fully recovery from.
Moderate to Serious Arm Injury £34,300 – £114,800 Much more serious levels of breaks and fractures, or injury leading to a degree of amputation.
Minor Arm Injury £5,800 – £34,300 Simpler forms of injury.
Severe Elbow Injury £31,220 – £43,710 Seriously injury requiring surgery and which may lead to disability.
Less severe Elbow Injury £12,480 – £25,510 Could result in some some loss of use in the joint aand arm affected. Will not need surgery.
Severe Foot Injury £73,600 – £176,500 Up to and including the amputatin of both your feet.
Moderate to Severe Foot Injury £12,000 – £61,400 Injuries requiring long-term treatment.

All figures are taken from the most recent version of the Judicial College guidelines. These are produced by the Judicial College and are followed by most personal injury solicitors and the courts. If the injury or illness which you sustained, or the results of your illness are not listed here, we can still help. This table simply looks at some of the most frequently seen types of accident and injury. There are numerous other circumstances in which claims can be made, and injuries for which can be claimed.

How to start a TUI holiday claim

Making a TUI holiday accident claim need not be difficult. With Legal Expert the process can be much simpler. Our team has years of experience. We could help you to secure the best possible settlement. After reviewing our guide and collecting together the evidence that you have, your next step is to get in touch with our team.

We will begin by assessing your claim over the phone and taking you through the process of making a compensation claim. After this, we will then be able to provide you with an accurate assessment of whether or not you have a legitimate claim. If you do, trust Legal Expert’s solicitors to assist you.

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No win no fee TUI holiday claims

Our team is able to assist almost all of the claimants we work with under what are called no win, no fee agreements. No win no fee solicitors work through Conditional Fee Agreements. This is a type of contract which will set out what the solicitor will do for you, how their services will be provided, as well as how the fee structure will work. The agreement will contain details of what you can expect to pay if you win, and that no fees are due if you do not.

By using a no win no fee solicitor you can be confident that the solicitor expects to win your claim, and be safe knowing that you have nothing to pay until you have been offered a settlement.

How Legal Expert can help you to claim compensation from TUI

Once you are ready to begin your TUI holiday accident claim, you can do so by contacting our team of personal injury solicitors. You can contact us by phone from 9am to 9pm, seven days a week. Our team will be able to address any questions or queries which you may have about the process of making a personal injury claim, or how much compensation you may be eligible to claim.

Getting in contact with our team does not mean you have to make a claim with us. However it is the best way to begin a claim. You can get in touch with Legal Expert today by phone, email, or by using our contact forms.

Phone: 0800 073 8804
Email: info@legalexpert.co.uk.

We are ready to take your call.

Helpful links

Below we have included details of other useful guides on our site, as well as trusted external resources where you can find additional information.

The European Health Insurance Card System
Under the EHIC scheme, citizens of the UK are able to access healthcare and other medical services in EU countries under the same entitlements as residents of that country. You can apply for a card at this site.

Road traffic and car crash claims
Have you been injured in a car crash or other form of road traffic accident which was not your fault whilst on holiday? If so, find out how to claim compensation in this guide.