Perilous holidays

We all want to enjoy perfect holidays. Surely everyone’s expectations can be a bit different, but at the end of the day all of us want to return with fond memories, not to mention a much needed burst of energy. Unfortunately, that is nothing more than an idealistic vision. In truth, any vacation is always connected with certain hazards, and accidents happen even to the best of us. Often an accident is not just about being clumsy, but simply unfortunate.

Lately more and more British people choose Poland as their travel destination, which is great because Poland is an incredible country that has a lot to offer. Nevertheless, sometimes tourists sustain injuries during their holiday, thus changing even the most perfect adventure into a nightmare. In such cases it is important to keep in mind that we do have certain measures which allow us to claim compensation.

When travelling abroad, it is quite popular for tourists to choose package holidays, mainly in order to avoid being bothered with planning and arranging excursions, or any other attractions. The option of all inclusive holidays is simply quite tempting for many. In light of the current European and UK regulations, tourists enjoy solid protection of the law, and the tour operator bears a wider scope of liability, being responsible not only for the breach of contract committed by his own employees, but also by his suppliers.

The main aim of introducing The Package Travel, Package Holidays and Package Tours Regulation 1992 was to provide tourists with an accessible person/entity towards whom compensatory claims may be directed. Because of the fact that suppliers will usually be based abroad, the legislator’s intention was to avoid the need to sue the service provider – often based overseas – and transfer all difficulties related with this situation to the tour operator. The Regulation 15 is especially significant in reinforcing the rights of tourists that have been affected by improper performance of the contract or failure to exercise reasonable care. Thanks to this regulation, tourists have the right to bring a claim against the most suitable party, which is very convenient.

Nevertheless, as a tourist you are still responsible to prove that the failure actually happened. That is why it is crucial to collect as much evidence as possible, so do not hesitate to take pictures of the scene of the accident, speak with people who can be potential witnesses, report the incident to the hotel manager, and last but not least – ask for a copy of the accident report, which is always easier to obtain while you are still at the hotel.

In court proceedings, in most cases the court will consider the issue of the local standards of reasonable care, which unfortunately are not universal. What is considered reasonable as far as systems of inspection, cleaning and maintenance are concerned may be completely different between, for example, London and Sopot. However, tour operators anticipate such differences in standards by inserting a specimen clause in their booking condition, which we all should be aware of.

The bottom line is, if you are a British citizen and you sustained injuries during your holiday abroad, keep in mind that you can sue your tour operator in your country of residence. If it just so happens that you were visiting Poland specifically, also keep in mind that we would be happy to assist in any way we can, including matters such as the local standards, or obtaining certain evidence.