Skip to content

General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

Think you have a claim? Get a free case review from Edward & Amaury Solicitors.

Start your claim

Accident Abroad on Holiday Claims

England & WalesLast reviewed 17 September 2026

If you were injured on a package holiday abroad, UK law can let you bring your claim against your UK tour operator here, rather than trying to pursue a foreign hotel or excursion company in a different country's courts.

Why You Can Claim Against a UK Company

Direct Answer: Under the Package Travel and Linked Travel Arrangements Regulations 2018, the UK organiser of a package holiday is responsible for the proper performance of the travel services making up that package — including a hotel, an excursion, or transport — even where the specific failure happened abroad and was caused by a local supplier the organiser didn't directly control.

This matters practically because it means you can usually bring your claim here, against a company subject to English law and procedure, rather than needing to sue a foreign hotel or excursion operator under an unfamiliar legal system in another country.

The Regulations only apply to a genuine "package" — broadly, at least two different types of travel service (such as flights, accommodation, or car hire) bought together as a single arrangement, or presented and paid for as a combined trip. Entirely separate bookings — your own flights, booked independently of your own hotel — usually fall outside this framework, and a claim would instead need to be pursued against whichever supplier was actually responsible.

The Local Safety-Standard Defence

One of the operator's available defences is that the service complied with the safety standards applicable in the country where it was provided. Exactly how this interacts with a UK claimant's expectations is a genuinely fact-specific question that has been the subject of real litigation — which is why a solicitor experienced specifically in package holiday accident claims, rather than general personal injury, makes a meaningful difference to how a case is argued and evidenced.

What's Different From an Illness Claim

An accident abroad — a fall at a hotel, an injury on an excursion, a swimming pool incident — is a distinct category from a holiday illness claim such as food poisoning, even though both can fall under the same Package Travel Regulations framework. Illness claims typically turn on proving the cause of the illness, which raises different evidential questions than an accident with an identifiable cause and a witnessed mechanism of injury.

Frequently Asked Questions

Can I claim against my UK tour operator for an accident that happened abroad?

Yes, if the accident happened during a package holiday and was caused by a service forming part of that package — a hotel, an excursion, or transport arranged by the operator. The Package Travel and Linked Travel Arrangements Regulations 2018 make the UK organiser responsible for the proper performance of the package as a whole, so you can bring your claim in England or Wales against a UK company rather than pursuing a foreign supplier abroad.

Does this apply if I booked my flights and hotel separately?

Not in the same way. The Package Travel Regulations apply to a 'package' — a combination of at least two different types of travel service (such as flights, accommodation, or car hire) sold or arranged together. A self-arranged, entirely separate booking of flights and a hotel usually isn't a package, and a claim would instead need to be brought against whichever supplier was actually responsible, often under the law of the country where the accident happened.

What if the accident happened at a hotel that meets local safety standards but not UK ones?

This is one of the operator's main defences. Local safety-standard compliance can be relevant to whether the operator is liable, and courts have grappled with how far a UK standard of care applies to services delivered abroad. It's a genuinely fact-specific question, which is why a solicitor experienced in package holiday claims makes a real difference here.

How long do I have to claim for a holiday accident?

Generally 3 years from the date of the accident, the same as other personal injury claims in England and Wales, though international travel elements can sometimes affect the position — get advice promptly rather than assuming the standard period definitely applies unmodified.

What about illness rather than an accident, like food poisoning?

Holiday illness claims — food poisoning and similar — are a related but distinct category, generally covered by the same Package Travel Regulations framework but with their own evidential challenges around proving the cause. See our separate guide on holiday sickness claims.

Can I claim for a serious injury, not just a minor one?

Yes. Package holiday claims cover the full range of personal injury, from minor accidents to serious or catastrophic injuries — the compensation principles are the same as any other personal injury claim once liability under the Regulations is established.

You May Also Be Interested In

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 17 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Package Travel and Linked Travel Arrangements Regulations 2018 (SI 2018/634)

    Makes the UK organiser of a package holiday liable for the proper performance of the package, including injury caused by services forming part of it — even where the injury happened abroad — subject to defences including local safety-standard compliance.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 17 September 2026. Next review due 17 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Get a free case review from Edward & Amaury Solicitors.

Start your claim

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.