What are my holiday rights?
The Package Travel, Package Holidays and Package Tours Regulations 1992 cover holiday packages booked through recognised UK tour operators.
A package holiday is one that contains at least two of the following three elements: transport, accommodation, food and excursions. Once this criteria is met you have the protection of the above stated regulations.
Under the regulations it has to be shown that the tour operator failed to provide a reasonable level of care and skill when supplying your holiday and that the reasonable level of skill and care is that of the country where the accident happened.
If your accident happens whilst at sea for instance on board a ferry you make a claim under the Athens Convention of 1974 whereas for accidents whilst travelling by air you need to make a claim under the Montreal Convention of 1999.
It is worth noting that claims brought under both the Athens Convention and the Montreal Convention have a limitation period of two years running from the date of disembarkation.