Derby holiday claim

The first stage in proving a claim on behalf of a client injured overseas is to find out whether the mishap giving rise to their claim occurred within the scope of a package holiday covered by the Package Travel, Package Holidays and Package Tours Regulations 1992. If so it is likely to be considerably easier to establish that the English court has jurisdiction. Moreover it is also likely to be easier to find a defendant with means to pay.

The 1992 Regulations apply only to a package contract which includes the following five aspects. If any one or more of these elements is not satisfied then the contract will not be for a regulated package covered by the regulations:

  • (a)     It must have been sold or offered for sale in the UK.
  • (b)     It must include at least two of the following :
    • transport;
    • accommodation;
    • other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package.
  • (c)     The combination of components must be pre-arranged.
  • (d)     The combination must be sold or offered for sale at an inclusive price.
  • (e)     The service must cover a period of more than 24 hours or include overnight accommodation.

If  the regulations do not apply , different considerations arise, such as can the claimant bring the claim in this country; does the English court have jurisdiction; how to effect service overseas; what system of law will govern the various issues in the claim; how is foreign law to be proved.

Contact us by e-mailing   gary@derby-lawyers.com or ring us on 0800 1712215.