Getting injured while on holiday can be a total nightmare, especially if it wasn’t your fault. You should be soaking up the sun and having…
Holiday accident claims against TUI
If you’ve suffered an injury or illness on a TUI package holiday, you may be eligible to make a compensation claim against TUI on a no win, no fee basis.
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TUI Holiday Accident Claims
If you or a loved one suffered an injury or illness during a holiday booked through TUI, you may be able to make a TUI holiday accident claim.
TUI has a legal duty of care to ensure that all the services included in your package holiday are safe and meet a reasonable standard. This includes flights, hotels, restaurants, transport and any activities, such as outdoor excursions.
If this duty is breached, you may be entitled to compensation, whether you slipped in a hotel, suffered food poisoning or had a road accident during a transfer from the airport.
This guide will explain when and how you can make a TUI injury claim and how much compensation you could expect. To discuss your case in detail with a friendly legal adviser, call 0800 470 0474 today or request a call back.
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Table of Contents
What duty of care does TUI owe to holidaymakers?
TUI is one of the largest tour operators in the UK. The company offers a wide range of package holidays, including ski trips, beach holidays, city breaks and luxury getaways.
As a package holiday provider, TUI owes a duty of care to its clients under the Package Travel, Package Holidays and Package Tours Regulations 1992. This includes:
- Ensure accommodations are safe, well-maintained and meet hygiene standards.
- Provide safe travel and transport.
- Ensure all excursions and activities are adequately planned.
- Provide accurate and thorough information about the holiday package.
- Address complaints and safety concerns raised during the holiday promptly.
- Ensure that all food and drinks provided by hotels and restaurants meet safety standards.
If your tour operator offered you a substandard holiday and you suffered an illness or injury as a result, you might be entitled to claim compensation.
Am I eligible to make a TUI holiday accident claim?
You may be eligible to make a TUI accident compensation claim if the following elements can be proven:
- You booked a package holiday with TUI in the UK (which means TUI owed you a duty of care).
- You had an accident due to the negligence of your tour operator (such as a failure to provide safe accommodation).
- You suffered an injury or illness as a direct result of this negligence.
- You are within the legal time limit to start a claim (usually three years).
If you booked your travel with a TUI travel agent in the UK, you will be able to make your claim under UK law, which simplifies the legal process.
If your tour operator is not based in the UK, the claims process can be more complex, and the time limits can vary.
What should I do if I have an accident on a TUI holiday?
If you were injured whilst on a package holiday booked with TUI, whether in the UK or abroad, you should:
- Seek medical attention immediately and ask for copies of your medical records.
- Visit a doctor once you return to the UK for further treatment if you were injured abroad.
- Take photographs of the accident scene, any visible hazards and your injuries.
- Request the names and contact details of any witnesses to the accident.
- Report the accident to the responsible party and request that they complete an official accident report.
- Inform your TUI representative of the accident as soon as possible, and any other relevant parties, such as your travel insurance company and the British embassy, if you had a severe accident abroad.
- Contact a specialist holiday claims solicitor to start your claim if you are eligible for compensation.
What types of accidents can happen on a TUI package holiday?
Accidents that can occur as part of a package holiday and for which you may be able to claim compensation include:
- Slips, trips and falls in hotels or restaurants caused by wet or uneven floors.
- Road traffic accidents during airport transfer or organised tours.
- Accidents on board planes or in airports.
- Swimming pool accidents caused by faulty tiles, drains or chemicals.
- Food and drink incidents, such as allergic reactions or burns caused by hot liquids.
- Electric shocks caused by faulty outlets or damaged cables in hotels.
- Being hit by falling objects, such as poorly secured fixtures or luggage from overhead lockers.
- Furniture incidents, such as collapsing chairs or sharp edges on tables.
- Falls from heights, such as from stairs or balconies with broken handrails.
If your accident can be linked to TUI negligence, you should be able to make a personal injury compensation claim.
Common injuries for which you could claim compensation from TUI
Various types of injuries could lead to a holiday accident compensation claim, including:
- Soft tissue injuries, such as sprains, strains and tears of muscles and ligaments.
- Broken bones from falls or severe impact trauma.
- Head injuries, including traumatic brain injuries.
- Back injuries, such as sprains, slipped discs or spinal cord damage.
- Burns or scalds from electrocutions or hot food and drinks.
- Holiday food poisoning from contaminated food or drinks.
- Cuts and lacerations caused by falls or sharp edges.
- Legionnaires’ disease and other waterborne illnesses from hotels or swimming pools.
- Psychological injuries caused by traumatic incidents.
Can I make a claim for injuries during a TUI holiday abroad?
Yes, you can make a compensation claim even if the accident happened abroad, as long as it was part of a TUI package holiday.
In this case, your claim will be made in the UK, under UK law, avoiding any potential language barriers and legal complexities. This is one of the key benefits of booking a package holiday with a UK-based operator such as TUI.
However, if you’ve had an accident while travelling independently, your claim will not fall under the Package Travel Regulations. In this case, you may need to take legal action against the negligent party in the country where the accident happened.
A specialist holiday accident solicitor will be able to confirm if you can claim compensation for your accident and injuries from TUI.
Evidence needed to support a TUI package holiday accident claim
You need various types of evidence to support your claim and secure the maximum compensation you could receive. This could include:
- Photographs and videos of the accident scene, before anything is moved or repaired.
- CCTV or dashcam footage, if available.
- Photos of any visible injuries and damage to your items.
- Copies of accident reports from the responsible party or your TUI representative.
- Statements from witnesses who saw what happened or how your life was affected.
- Your account of the events and the impact on your life.
- Medical records detailing your injuries and the treatments received.
- Your TUI booking confirmation and travel details.
- Proof of all financial losses and expenses incurred because of the accident.
What is the time limit to make a TUI package holiday claim?
Generally, you have three years from the time of the accident to claim the compensation you deserve. The time limit is imposed by the Limitation Act 1980, which also provides a few exceptions:
- A parent or legal guardian can claim on behalf of a child at any point before their 18th birthday. After turning 18, a child has until their 21st birthday to start a claim if no one has already claimed on their behalf.
- There is no time limit to claim compensation on behalf of an adult who lacks the mental capacity to handle their own legal case.
- If your holiday was not booked through a UK-based tour operator, you may need to make your claim abroad, and the time limits may vary from country to country.
We advise you to seek legal advice as soon as possible after the accident. This will make it easier to gather supporting evidence, increasing your chances of making a successful claim.
How much compensation could I receive if I make a holiday accident claim?
As with all personal injury claims, the compensation awarded for a holiday injury claim consists of two types of damages:
- General damages cover the pain, suffering and loss of amenity caused by your injuries.
- Special damages cover financial losses and expenses that are a direct result of your accident or injury.
Please check out our free personal injury compensation calculator to find out within minutes how much compensation you could receive for your injuries.
Can I claim TUI compensation on a No Win No Fee basis?
If you suffered an accident on holiday and are entitled to make a tour operator compensation claim against TUI, your solicitor will offer you a no win no fee service.
Making a no win no fee compensation claim means that:
- There are no upfront legal costs.
- If your claim is unsuccessful, you will not owe your solicitor a single penny.
- If you win the claim, your solicitor will deduct a success fee capped at 25% of your compensation settlement for their legal services.
How long does a compensation claim for a holiday injury take?
The duration of a TUI holiday accident claim depends on several factors, including:
- The extent of your injuries and your recovery time.
- The complexity of the case.
- Whether TUI admits liability for your accident.
- The negotiation process.
- Whether your case goes to court.
Generally, straightforward cases involving minor injuries can be settled within months, while complex claims can take years to resolve.
If you were injured on a holiday and you want to make a TUI compensation claim, get in touch today for a free case assessment. You can call 0800 470 0474 or enter your details into our online claim form to request a call back.
