Holiday Accident Claims — No Win, No Fee
Last reviewed: September 2026 · EA Personal Injury Solicitors
If you were injured in an accident on a package holiday, UK law often allows you to claim against your UK tour operator, even though the accident happened abroad. If so, you may be able to claim on a no win, no fee basis; a success fee may be deducted if the claim succeeds.
TL;DR — Quick Summary
Key Points
- Package holiday claims can usually be brought against your UK tour operator under the Package Travel Regulations
- Applies even though the accident happened abroad and local standards may differ from the UK
- Independently booked trips are more complex but claims may still be possible
- Covers hotel, resort, pool, excursion and activity accidents
- No win, no fee — if the claim succeeds, a success fee may be deducted from your compensation
Claiming Against Your UK Tour Operator
The Package Travel and Linked Travel Arrangements Regulations 2018 (and the earlier 1992 Regulations for older bookings) generally make a UK tour operator responsible for the proper performance of all the services included in your package holiday, including the acts of hotels, excursion providers and other suppliers used to deliver that package — even where those suppliers are based abroad. This means that, in many cases, you can bring your claim in England and Wales against a UK-based company, using English legal procedures, rather than having to pursue a claim in a foreign country under an unfamiliar legal system.
Common Types of Holiday Accidents
- Slips, trips and falls — around hotels, resorts, pool areas and public spaces
- Swimming pool accidents — inadequate depth markings, poor supervision, or defective pool equipment
- Balcony and staircase falls — missing or inadequate railings and safety features
- Excursion and activity accidents — water sports, boat trips and organised excursions sold as part of your package
- Lift and escalator accidents
- Road traffic accidents involving transfer coaches or organised transport
Holiday illness and food poisoning claims are covered on our separate holiday sickness claims page.
What Standard Applies?
Because the accident happened outside England and Wales, the standard of care and safety that applied is often assessed by reference to local law and standards in the country where it occurred, which can differ from UK standards. We work with appropriately qualified local law experts where needed to establish what standard applied and whether it was breached.
Independently Booked Holidays
If you arranged your flights and accommodation separately, rather than as a single package, the position is more complex, as the Package Travel Regulations may not apply in the same way. Depending on the circumstances, it may still be possible to bring a claim directly against the hotel or venue, sometimes under the law of the country where the accident happened, or against a UK company involved in the booking. We can assess the options available in your specific case.
Evidence in Holiday Accident Claims
- Your booking confirmation and any package holiday documentation
- Photographs of the accident scene and any hazard involved
- An accident report made to hotel or resort staff, and any written record
- Medical records from treatment received abroad and on your return to the UK
- Witness details, including fellow travellers
What Compensation Can Cover
Compensation covers general damages for pain, suffering and loss of amenity, and special damages including medical treatment, the spoiled portion of your holiday, lost earnings, and other reasonable expenses caused by the accident.
Typical Compensation Amounts
The figures below are indicative brackets for the injury itself (general damages), based on the Judicial College Guidelines used by courts and insurers in England and Wales. Financial losses such as lost earnings, treatment costs and care (special damages) are claimed in addition, and in serious cases often exceed the injury award.
| Injury | Guideline bracket |
|---|---|
| Moderate neck/soft tissue injury (up to ~2 years) | c. £2,300–£12,900 |
| Simple arm or wrist fracture | c. £6,000–£16,000 |
| Moderate knee injury | c. £13,000–£26,000 |
| Moderate back injury (good prognosis) | c. £12,000–£27,000 |
These brackets are a guide only — the value of your claim depends on the severity of your injury, your prognosis and your financial losses. We cannot promise or predict a specific outcome. See our full guide to compensation amounts or contact us for a free assessment of your claim.
No Win, No Fee Holiday Accident Claims
We act under a Conditional Fee Agreement. If the claim fails, you pay nothing. If the claim succeeds, a success fee may be deducted from your compensation.