Suffering an injury while on holiday can be distressing, especially when it happens in unfamiliar surroundings. For UK travellers, pursuing an accident abroad compensation claim can feel complex, particularly when large tour operators and international regulations are involved.
Discover how our personal injury team supported a client following a serious accident in Cyprus, navigating contested liability and complex legal frameworks under the Package Travel Regulations.
What Happened: Holiday Accident in Cyprus
Our client, Mrs Curtis, was injured August 2022 while staying at the TUI Blue Atlantica Mare Village in Paphos, Cyprus, as part of a package holiday booked through TUI UK Ltd.
While walking from the hotel lobby to the poolside area holding her young son’s hand, she stepped onto a wet surface. The step had:
- No handrail
- No warning signage
She slipped and fell, sustaining serious injuries including fractures, which required surgical treatment. She was admitted to hospital in Cyprus for two nights and underwent surgical fixation.
Can You Claim for an Injury on a Package Holiday?
Yes. Under the Package Travel Regulations, UK travellers may be able to bring a package holiday injury claim against the tour operator, rather than pursuing a claim overseas.
However, these claims are rarely straightforward, particularly when:
- Liability is disputed
- Local safety standards differ
- Evidence must be obtained internationally
How We Supported the Claim
Our personal injury team acted swiftly to build a strong case. Key steps included:
- Drafting and serving a detailed Letter of Claim under the Personal Injury Pre-Action Protocol
- Alleging breach of duty under the Package Travel Regulations and negligence
- Requesting key evidence, including accident reports, photographs, and safety documentation
- Instructing a Cypriot legal expert to provide a Local Standards Report
- Obtaining medical evidence confirming both physical and psychological injuries
We also prepared a Schedule of Loss totalling £17,304.70, covering financial losses and expenses incurred as a result of the injury.
Why This Case Was Legally Complex
This was not a straightforward slip and fall abroad compensation case. Several factors added complexity:
Disputed Liability
TUI denied responsibility, arguing:
- The hotel met local safety standards
- The client contributed to the accident
Regulatory Challenges
A key issue was whether the 1992 or 2018 Package Travel Regulations applied. This impacted how liability was assessed and required expert evidence on Cypriot safety standards.
Serious Injury and Recovery
The client suffered a double fracture requiring surgery, followed by a prolonged recovery period and psychological impact.
Quantum Disputes
The defendant challenged elements of the claim, including care needs and loss of enjoyment of the holiday.
Negotiating Compensation
The defendant initially made offers of:
- £15,000
- £20,000
These were rejected as undervaluing the claim. Through strategic negotiation, we made counter-offers of:
- £35,000
- £28,000
The case remains ongoing, with the latest offer at £20,000. Proceedings are expected to be issued if a settlement is not reached.
Importantly, the gap between the parties has narrowed significantly, reflecting the strength of the evidence and the proactive approach taken.
What This Means for Holiday Injury Claims
This case demonstrates that:
- You can bring a UK-based claim for an accident abroad
- Tour operators can be held accountable under the Package Travel Regulations
- Strong evidence and expert input are often critical
- Early settlement offers may undervalue claims
Injured on Holiday? Know Your Rights
If you have been injured while on a package holiday, you may be entitled to bring an accident abroad compensation claim in the UK.
Seeking early legal advice can make a significant difference, particularly in cases involving:
- Disputed liability
- International evidence
- Serious injuries
We’re Here To Help
Our personal injury team has extensive experience handling complex package holiday injury claims, including those involving disputed liability and overseas evidence.
We are proud to support clients in achieving justice and securing meaningful compensation, even in challenging cross-border cases.
If you would like to arrange a meeting with one of our experts, please get in touch by calling us on 0800 118 1500 or complete our form below.
Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.
This blog was written by Rajni Kandola, Senior Associate & Solicitor specialising in Medical Negligence, in our Dispute Resolution Team.