As the winter ski season hits its peak, so too do the number of potential claims against package holiday operators and that means more work for solicitors.
The personal injury team at Swindon and Marlborough-based Withy King Solicitors sees its biggest volume of inquiries at this time of year as people injured on the slopes or at their hotels, look to recover damages for their pain and suffering.
In Withy King's experience, the most common accidents include those which happen as a result of defective ski equipment or sub-standard levels of tuition, provided these are included as part of their package deal.
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Other common claims relate to falls in hotel premises and food poisoning in hotel restaurants.
"Package holiday-makers often don't realise they can make a claim for compensation at home in the UK, for accidents which happen abroad, provided their holiday was booked through a tour operator," said Chris Chan, pictured, the head of the personal injury team at Withy King.
"Package tour operators are responsible for the wellbeing of their clients for the duration of their holiday, and it is up to them to ensure all travel, accommodation and other services they provide meet stringent safety requirements and the terms of their contracts.
"By stepping out on to the slopes, people have to acknowledge and accept there is a risk they may be injured.
"Unfortunately. accidents do happen. Only a small proportion can be attributed to the negligence of a third party, in these cases it is fair that people are compensated for their injuries."
However, it is not just accidents which lead disgruntled holiday-makers to hit back at travel companies and tour operators. Claims can be made if the accommodation, food or facilities do not live up to their description. Compensation is also available in certain circumstances where flights are delayed or cancelled.
"Whatever the issue, it is important that people voice their concerns to their holiday representative as soon as possible, and ensure there is a written record of their complaint," said Chris, who regularly advises on a wide range of travel and holiday-related matters.
"We also strongly recommend people take out their own holiday or travel insurance, even when traveling in the EU.
"It's worth shopping around as many policies exclude cover to bring a claim against a tour operator."
Chris has never been skiing before but says she will be on a skiing holiday later this year.
Claims advice
Withy King advises anyone involved in an accident while on a package holiday abroad to take the following important steps:
Notify the holiday representatives and the hotel of the accident as soon as possible
Ensure that a record is kept of the accident and that the details are entered into the accident book
Take photographs of the scene or cause of the accident
Ask witnesses for their names and contact details so they can be called upon to give evidence, if required
Compile a list of all expenses incurred as a result of the accident, together with receipts and invoices
Keep a copy of all booking details and a copy of the holiday brochure
Skiing into trouble on the slopes
Skiing into trouble on the slopes
