If you were injured or made ill on a package holiday, you can often claim in the UK against your UK tour operator, thanks to the Package Travel and Linked Travel Arrangements Regulations 2018. These make the operator responsible for the proper performance of the holiday it sold you, so you usually do not have to sue a foreign hotel abroad. For independently booked trips the position is harder and may involve foreign law. Package claims under the law of England & Wales generally have a three-year limit. Report the incident at the resort, gather evidence, and get advice on return.
A holiday accident is doubly upsetting: an injury or illness, far from home, often in a place where you do not speak the language or know how the legal system works. The good news is that British holidaymakers who book a package are well protected by UK law, which lets them bring many claims against their UK tour operator in the UK courts. This guide explains, in plain English, how a holiday accident claim works, the crucial difference between package and independent bookings, and the evidence that makes a claim strong. We are an independent information service, not a law firm — nothing here is legal advice about your own holiday.
Package holidays and the 2018 Regulations
The key to most successful holiday claims is the Package Travel and Linked Travel Arrangements Regulations 2018. Where you bought a package — broadly, a combination of at least two different travel services (such as flights and accommodation, or accommodation and an excursion) sold together for one price — your UK tour operator is responsible for the proper performance of the services in the package, even where a third party such as a hotel actually provides them.
In practice this means that if you are injured because of a failure in the holiday services — an unsafe hotel pool, a dangerous balcony, a poorly run excursion, or a transfer accident — you can usually claim against the UK operator in the UK, applying the law of England & Wales, rather than having to pursue a foreign supplier abroad. This makes claiming far more practical.
Independent bookings are different
If you arranged your trip independently — booking a flight from one provider and a hotel from another, with no single package — the Regulations may not apply. You might then have to pursue the foreign hotel or activity provider directly under local law, which can mean different (and sometimes much shorter) time limits, different rules on fault, and often lower awards than in the UK. A solicitor experienced in travel law can tell you whether your booking qualifies as a package or a "linked travel arrangement".
💡 Check how you booked before assuming you can't claim
Many holidaymakers don't realise that booking through one website that combined flights and a hotel may count as a package — bringing you within UK protection — while booking each element separately may not. Keep your booking confirmation and invoice; the structure of the booking can decide whether you claim conveniently in the UK or face a difficult claim abroad.
Holiday illness claims
Holiday accident claims also cover illness, most commonly food poisoning or gastric illness caused by poor hygiene at an all-inclusive hotel. To succeed, you must link the illness to a failure in the holiday services with medical evidence and show what went wrong. Genuine claims are entirely legitimate. However, the travel industry has been hit by dishonest holiday-sickness claims, and bringing a fraudulent claim is a criminal offence that can lead to prosecution and a large costs bill — so honesty and solid evidence are essential.
Evidence that strengthens a holiday claim
Gathering evidence at the resort, while you still can, is vital. Useful evidence includes:
- Reporting it at the time — tell the hotel and your holiday rep, and ask for a written incident report.
- Photographs — of the hazard, the location, and the conditions (for illness claims, the food and facilities).
- Medical treatment records — any care you received abroad, plus medical attention when you get home.
- Witnesses — names and contact details of other guests who saw what happened or were also affected.
- Booking documents — your confirmation and invoice, which show whether it was a package.
Our guides to what to do after an accident and evidence for a personal injury claim go into more detail.
Time limits
Time limits for holiday claims depend on which law applies.
⏳ Three years for UK package claims — but foreign law can be shorter
For a claim against a UK tour operator under the Package Travel Regulations and the law of England & Wales, you generally have three years from the accident or illness under the Limitation Act 1980. Claims that must be brought under foreign law, against a local supplier, can have very different and sometimes much shorter limits. Because of this, get advice quickly after returning home. See our time limits guide.
The single most important question in a holiday claim is how you booked. A package booking usually lets you claim conveniently in the UK against your operator; an independent booking can leave you facing a difficult claim abroad. Keep your paperwork.
Frequently asked questions
Can I claim for an accident on a package holiday?
Often yes, and conveniently in the UK. Under the Package Travel and Linked Travel Arrangements Regulations 2018, a UK tour operator can be liable for the proper performance of the holiday it sold you, which can include accidents and illness caused by the failure of services such as hotel safety, excursions or transfers. This means you can usually bring the claim against the UK operator in the UK courts, rather than suing a foreign supplier abroad.
What if I booked the holiday independently, not as a package?
It is more complicated. If you booked flights and a hotel separately rather than as a package, the Package Travel Regulations may not apply, and you might have to pursue the foreign hotel or supplier under local law, which is harder and may involve different time limits and lower awards. A solicitor experienced in travel claims can advise whether your booking counts as a package or a linked travel arrangement.
Can I claim for holiday illness like food poisoning?
Yes, where illness such as food poisoning was caused by a failure in the services provided as part of a package, for example poor food hygiene at an all-inclusive hotel. You will need to link the illness to the holiday with medical evidence and show what went wrong. Genuine claims are legitimate, but bringing a dishonest holiday-sickness claim is fraud and can lead to prosecution, so honesty and good evidence are essential.
How long do I have to make a holiday accident claim?
For a claim against a UK tour operator under the Package Travel Regulations and the law of England and Wales, generally three years from the date of the accident or illness under the Limitation Act 1980. Claims under foreign law, where you must sue a local supplier, can have very different and sometimes much shorter limits, so it is important to get advice quickly after returning home.
What evidence helps a holiday accident claim?
Report the accident or illness to the hotel and your rep at the time and get a written record, photograph the hazard and the location, keep details of any medical treatment received abroad, gather witness and contact details of other guests, and keep your booking confirmation and invoice. Medical records both abroad and on your return home are central to the claim.
Get help from official, free sources
- GOV.UK — package travel rights and foreign travel advice
- Citizens Advice — free, impartial guidance on holiday and travel problems
- ABTA — guidance on package holiday complaints and standards
- Solicitors Regulation Authority (SRA) — check a solicitor or firm is regulated
- The Law Society — Find a Solicitor — find a travel-law or personal injury specialist
Related guides: public liability claims, slip and fall claims, road traffic accident claims and what compensation covers.