If you are in the course of your well-deserved sunny holidays in Spain but are unlucky enough to fall in your hotel sustaining injury, here’s what you need to do to claim compensation.
The first thing you need to do is determine if your holiday was booked as a “package holiday” within the meaning of the “Package Travel Regulations and Linked Travel Arrangements 2018”, which came into effect on 1st July 2018. A package holiday (a holiday sold by an English tour operator containing more than one ‘element’ sold together under one price) is the most protected form of travel booking. If in doubt, please check the terms and conditions provided by your tour operator or travel agency, but generally, where you booked more than one element with the same provider (ie. flights and accommodation for example), this will be considered as a “package”.
If your holiday was booked as a package holiday, then you will be able to pursue a compensation claim against the English tour operator with whom the holiday was booked in the courts of England and Wales, and English law will be applicable to your claim (taking into account local standards regulations). This is because the tour operator is responsible for the safety of their clients.
You will need to approach your tour operator representative as soon as possible to report the accident and you will most likely be provided with a form to complete with details of the accident circumstances. Please keep a copy of the accident report and of any hospital/medical records you are provided with. It is also advisable that you take photographs of the accident location so that we can identify any defects on the area and consider the prospects of success of your claim.
Please do not accept any offers made by the hotel or the tour operator without consulting with a Solicitor, as this could jeopardise your claim.
If your holiday was not booked as a “package”, then you will still have the option to pursue your claim against the Spanish hotel or their insurers directly.
The claim can always be pursued in the Spanish jurisdiction, and in some circumstances, it may also be possible to pursue the claim in England & Wales. In any event, Spanish law will be applicable to all aspects of the claim, including the determination of liability and the value of the claim.
Our bilingual and dual-qualified (English & Spanish) personal injury lawyers are highly experienced in helping people who are victims of accidents in Spain and will be able to determine which route is available for your claim and if there is a choice, which one is in your best interest.
You are also strongly advised to seek legal assistance as soon as possible given that the Spanish limitation period to pursue personal injury claims is only one year from the date of the accident (or the date of consolidation of the injuries).
In any event you are strongly advised to report your accident to the hotel, keep an accident report form where possible, take photographs of any alleged defects at the accident location (or liquid on the floor in case of a slip accident) and seek medical assistance shortly after the accident (this is crucial under Spanish law).
Please check our dedicated pages for further information and examples of cases we have been dealing with: