How Long do I Have to Make a Holiday Claim?
So far as the law is concerned, if you have an accident on holiday at a resort, you have just short of three years from the date of your accident to start legal proceedings, providing your contract is with a UK travel company.
This means that if your accident happened at a hotel in Spain on a UK package holiday on 31 March 2024, it is likely that you will have until about until 15 March 2027 to begin the court process. However, even though the time limit seems long, it is advisable to seek legal guidance as soon as possible as there are new rules relating to requirements to notify your opponent of claims and doing so could strengthen your claim. It's also important to note that many law firms will be reluctant or unable to take on claims very close to the limitation deadline, so getting advice early helps ensure you have access to professional legal representation.
However, time limits can vary depending on the type of accident and where it occurred. The table below summarises approximate key time limits for different circumstances:
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Circumstances
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How Long to Make a Claim*
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Important Information
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Accident on a Cruise Ship under the Athens Convention
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2 Years
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The vessel must be travelling between two international ports from different countries.
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Accident outside of the UK on a package Holiday
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3 Years
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Relates to holidays where the Package Travel Regulations apply, booked with UK operators and travel agents.
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Accident outside of the UK booked directly with the hotel, and not through a package deal
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1 Year from date of accident
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The claim is subject to the laws of the country where the accident occurred.
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Accident on an Aeroplane
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2 Years from date of accident
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Time limits are governed by the Montreal Convention, which applies to international flights.
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*the times limits shown are for guidance only and may vary dependent on individual circumstances.
The law on time limits for Holiday Accident claims can be complicated, so we do advise you to contact us as soon as possible for advice if you are concerned that you might not be able to claim in time.
What is the Time Limit if my Booking is with an Overseas Hotel?
A common question that arises is about time limits for Personal Injury claims in countries outside of the UK, such as Turkey, Spain, Egypt etc.
If you have booked a package holiday with a UK tour operator, UK time limits will usually apply, meaning you'll typically have three years from the date of your accident to make a claim. However, if you have booked directly with an overseas hotel, you may need to take advice from a local Lawyer within that country to determine the relevant time limits for making an injury claim.
We may be able to assist you with this by directing you to local specialists, although you should bear in mind that time limits vary by country and are not the same as in the UK.
How Long Does a Tour Operator Have to Respond to a Claim?
ABTA guidelines advise that a travel agent has 28 days to respond to a complaint or request. However, if you have submitted a personal injury claim directly to the tour operator yourself (without legal representation), the travel company may be entitled to a period of six months from the date of their acknowledgement to provide a response.
This does not mean that the holiday company will necessarily take the full six month to respond. When our Holiday Accident Claims team handles your claim, we communicate directly with the tour operator on your behalf, simplifying the entire process and reducing any delays. Our involvement often encourages the tour operator to respond more quickly, meaning that the initial responses or a potential compensation offer can be received within weeks or a few months.
If tour operator has advised you that you can expect to wait 6 months for a response to a holiday claim, we strongly recommend contacting us. The value of your claim may be higher than you realise, and unnecessary delays could impact the outcome.
How We Can Help You
At Simpson Millar, we have successfully helped hundreds of people claim compensation after being injured on holiday abroad. Our specialist Holiday Accident Claims team has extensive experience handling cases involving accidents in hotels, resorts, cruise ships, and airlines. We understand how stressful an injury abroad can be, so our priority is to make the claims process as simple and easy for you as possible.
If you are unsure about the time limits for making a holiday accident claim, or if you’re concerned that you do not have enough time to take legal action against a travel agent or tour operator, we advise you to contact us as soon as possible for a free consultation.
Not only can we advise on time limits for making claims, but we can also help with calculating the value of your claim, identifying the responsible party, and determining what damages you may be entitled to recover, including medical costs, loss of earnings, and pain and suffering.
