Accident While Travelling – Your Legal Options

Accidents can happen anywhere and at any time; even when you’re on holiday. In fact accidents are more likely to happen while you’re travelling because you are away from your home, from familiar surroundings and your comfort zone.

You are around new people, eating different food, travelling by different modes of transport, which makes accidents more possible whether you’re in the country or abroad. So if you do have an accident while travelling, what should you do?

Know your entitlement

Not only is the tour operator required to deliver the level of service, accommodation, food and sightseeing that they promise, they are also required to follow certain other regulations. For instance there are guidelines that they have to follow with regard to the safety and security of travelers.


They have to ensure that their clients enjoy the same level of safety and security that they would reasonably enjoy at home. As a citizen of your country you are entitled to certain standards of care and safety, that you tour operator is bound to provide.

As such you don’t have to tolerate it if your tour operator promises a certain class of hotel with the reality being quite different. Substandard accommodation, lack of hygiene, inadequate safety and security during travel or at the hotel, poor quality food, unsafe drinking water, can be actionable.

Even problems such as food poisoning can be actionable if you can show that you became sick eating something that the tour’s hotel provided. Food poisoning not only means pain and suffering that the illness itself causes but also the fact that it can effectively ruin your holiday.

Get a professional opinion

If you feel that the tour service provider has given you inadequate or shoddy service or that you have suffered an accident as a result of their negligence or omission, you could consider making a claim. To this end, you could consult with a professional who will give you an idea of whether your claim is a worthwhile one.

The situation in terms of whether the tour operator is in breach of the terms of the contract between you and them will be assessed. It will also be assessed whether you had an injury, illness or accident due to the negligence of the tour operator or their agents. Based on these assessments, you can get a realistic idea of whether your claim is strong enough to be successful.