On this page, you will find a guide to making an Expedia package holiday accident claim. You will learn about why, in some cases, it will not be Expedia you claim against but the local service operator responsible for the harm you suffered. You will also learn why you may be eligible to make a claim, and which legal entity would be liable for the compensation you may be awarded.
You may have unique questions that are specific to your own claim which are not covered in this guide. We can help with this, just speak to one of our claim advisers on 0800 073 8801, and they will be able to provide the answers you need. They can also explain how we can assist you in getting the compensation that you are eligible for.
Select A Section:
- A Guide To Making A Personal Injury Claim Against Expedia Holidays
- What Is A Personal Injury Claim Against Expedia Holidays?
- What Are The Most Common Types Of Accident On Holiday?
- Common Holiday Injuries You Could Claim For
- What Is ATOL Protection And Is It Important?
- Do Expedia Package Holidays Have ATOL And ABTA Protection?
- What Are My Rights When Booking Holidays, Hotels, Or Flights Through Expedia?
- Who Should I Inform After My Injury Abroad?
- Airline, Hotel And Holiday Providers Duty Of Care
- Time Limits To Make An Expedia Holiday Accident Claim
- Accidents And Injuries On Flights Booked Through Expedia
- Accidents And Injuries At A Hotel Booked Through Expedia
- Personal Injury Compensation For Holiday Accident Claims Against Expedia
- I Was Injured On Holiday, What Other Costs Can I Claim Compensation For?
- No Win No Fee Holiday Accident Claims Against Expedia
- How Our Holiday Accident Team Could Help You
- Contacting Our Holiday Accident Solicitors
- Further Information
A Guide To Making A Personal Injury Claim Against Expedia Holidays
If you have been injured on holiday in an Expedia flight accident, an Expedia hotel accident, or any other kind of incident, this guide will act as a primer, explaining the process of making a claim, and other considerations. This guide begins by providing a basic overview of this kind of claim, and explaining the concepts of eligibility and liability.
The next section of this guide, looks at both some of the common accidents that can happen on holiday, and also some of the most common injuries these accidents can result in.
Moving on, we take a look at the legal situation, related to booking a holiday through Expedia. We discuss ATOL and ABTA protection, and also take a look at your rights as a consumer, when booking a holiday via this online travel site. We also present a number of steps that you can take, in preparation for making a claim, if you suffered an injury or accident on holiday.
Further useful information is given, with respect to helping you deal with your accident. This includes who you need to contact and notify of the incident, as well as the duty of care that travel providers owe to holidaymakers. Additionally, you will find a table that details specific time limits that you will need to make your claim within, based on the circumstances of your accident.
In the last part of this guide, we cover some of the financial aspects of making a claim. We have included a table that lists potential compensation ranges that could apply to a number of different illnesses and injuries. We have also provided a list of damages that your settlement could include. Finally, we introduce our claims service, which is a very simply to use service, that can provide you with a way to have your claim processed, in a financially risk-free manner.
What Is A Personal Injury Claim Against Expedia Holidays?
Making a personal injury claim against Expedia is dependent on the claimant being entitled to pursue a case against a negligent third party. It is worth noting that with these claims it may be that it is not actually Expedia that you would claim against. Expedia is both a travel vendor, and also intermediary. These two facets of the business can be defined as:
- Expedia sells packaged travel products, acting as a web-based travel agent
- Expedia acts as a booking and payment conduit for other independent travel vendors
If you purchased a travel product under the first business model, it would be Expedia that you would pursue for compensation. However, if you simply used Expedia as a booking engine, it would be the actual travel provider you booked with that you pursue for compensation. Consider the following two examples:
- You booked a travel package through Expedia which included transport, accommodation and other sundries such as food or excursions. You were injured in an accident that was the fault of the hotel operator while on holiday
- You booked a hotel through Expedia. You were injured in an accident that was the fault of the hotel operator while on holiday
In the first example, Expedia is acting as a package tour vendor, and it would be Expedia that you would claim compensation from.
What Are The Most Common Types Of Accident On Holiday?
There are many ways that a UK holidaymaker can come to harm, that would result in them being potentially eligible to make a holiday accident claim against Expedia. However, some holiday accidents are more common than others, such as:
- Slips, trips and falls
- Food-related illnesses such as food poisoning or allergic reactions
- Road traffic accidents
- Water sports accidents
- Accidents on excursions or while participating in adventure activities
Whilst we are not saying that Expedia is responsible for causing these kinds of accidents, they are some of the most common types of accidents that holidaymakers make claims for. However, if Expedia is to blame for causing this type of accident, then it could be possible to make a claim against them.
Common Holiday Injuries You Could Claim For
Just as there are common types of holiday accidents, there are also common injuries that these accidents could cause. The following injuries could result in your being eligible to make an Expedia package holiday accident claim:
- Traumatic head injuries and concussion
- Simple or compound fractures
- Soft tissue injuries, such as strains or sprains
- Burns and scalds
- Cuts, bruises and lacerations
- Psychological trauma
Once again, these are just some of the most common kinds of injuries that holidaymakers may sustain. It is not implied that Expedia is more likely to be the root cause of these kinds of injuries. Yet, if Expedia is found to be the direct or indirect cause of such injuries, a valid claim may exist. If you need advice, call of our advisers who would assess your case and establish who could be held responsible for the injuries sustained.
What Is ATOL Protection And Is It Important?
ATOL protection is a feature of some holiday deals which provides the consumer with a very specific set of rights, related to claiming compensation for physical harm suffered while on holiday. As long as you are eligible to claim using your ATOL inferred rights, you can seek compensation for:
- Out of pocket expenses
- The cost (full or partial) of your holiday
- Loss of enjoyment
- Damage to property
- Any other monetary loss
However, just because your holiday came with ATOL protection does not mean that you cannot file a normal personal injury claim against the party responsible for causing you harm. The ATOL inferred rights are on top of your standard consumer rights, and your personal rights fall under British Law.
Do Expedia Package Holidays Have ATOL And ABTA Protection?
Expedia is a member of both ABTA (registration number G990X relates to Expedia Corporate Travel UK) and ATOL (registration number 5788 relates to Expedia, Inc.)
This means that whenever you book a package type holiday via Expedia, you are automatically provided with the protection these schemes offer. However, you can also still make a personal injury claim against Expedia in the traditional manner. Neither of these travel protection schemes replaces your basic UK personal and consumer rights. They simply augment them.
What Are My Rights When Booking Holidays, Hotels, Or Flights Through Expedia?
When you book either an Expedia holiday, or stand-alone travel through Expedia, you have a number of key bodies of legislation that protect your rights. Additionally, depending on the travel product you purchased, you may have ATOL or ABTA protection. The UK legislation that protects holidaymakers includes:
- Development of Tourism Act 1969
- Air Passenger Duty (APD) 1996
- Package Travel, Package Holidays and Package Tours Regulations 1992
- Disability Discrimination Act (DDA)
Who Should I Inform After My Injury Abroad?
If you have suffered an accident, injury or illness while on holiday overseas, there are potentially a number of different organisations that you may need to contact, including:
- A hospital or clinic to get your injuries treated
- The police, if you are involved in a serious accident or a violent crime
- Your hotel operator, to report an accident
- The package holiday firm that sold you your holiday
- Your travel of health insurance firm, to arrange for paying private medical costs
Once you have contacted the applicable organisations, you can speak to a personal injury solicitor on your return to the UK, to begin the process of making your claim, if you are eligible to make one.
Airline, Hotel And Holiday Providers Duty Of Care
All hotels, airlines and every other kind of travel firm, owes both members of the public and employees a duty of care. If there is a failure in this duty of care, leading to an employee or member of the public coming to harm, it could be possible to make a hotel accident claim or a flight accident claim, for example. This duty of care revolves around always proving a safe, healthy environment for customers and staff members. There are both national and international rules and regulations that are in place to police this duty of care, and ensure that minimum standards are kept.
For example, in the UK, we have all of the regulations laid out by the Health & Safety Executive. Every company in the UK must comply with all applicable H&S regulations at all times. Failure to do so could not only result in financial or other penalties, but it could leave the company liable to pay compensation to any party injured due to the failure in compliance protocols.
Time Limits To Make An Expedia Holiday Accident Claim
There is a personal injury claim’s time limit in place and you will need to begin your holiday claim within this deadline. The time limit varies based on the circumstances of the claim. The table below gives potential time limits that could apply in your case:
|Circumstances of Claim
|Applicable Time Limit
|If you booked a package holiday with Expedia in the UK.
|3 years from the date of the incident. Please contact us to confirm as circumstances may be different and result in different time limits.
|If you are injured on an international flight that you booked through Expedia.
|2 years from the date the incident took place.
|If you are injured on a boat such as a cruise liner. Athens Convention
|2 year from the date the incident took place, Please contact us to confirm as circumstances may be different.
However, in some cases these time limits can be different, and we recommend you speak to one of our claims team to check which applies in your own case to avoid running out of time which could result n your case being ‘time barred’.
Accidents And Injuries On Flights Booked Through Expedia
If you booked a flight through Expedia, and wish to make an air accident claim, then it will generally will not be Expedia that you pursue for damages, as Expedia was simply the booking conduit. You may be able to claim against the following:
- The airline itself
- The operator of an airport
- The operator of a retail establishment or another facility in an airport
- A company that provides an airport shuttle service
Accidents And Injuries At A Hotel Booked Through Expedia
If you need to make a claim for a hotel accident, you will only claim against Expedia if the hotel was included in a single price package holiday that consisted of transport and other features. If you didn’t book a package holiday, then it would generally be the hotel operator that you pursue for damages, as long as they were to blame for the physical harm you suffered in some way.
Personal Injury Compensation For Holiday Accident Claims Against Expedia
Instead of providing an online accident abroad compensation calculator, we have produced this table, showing possible compensation ranges for illnesses and injuries.
|Illness or Injury
|Minor to serious
|Up to £54,308
|From skin damage including bruising, burns, scrapes and lacerations, though bone fractures and soft tissue damage to total loss or loss of function of the hand.
|Minor to severe
|Up to £52,468
|From damage to the skin including cuts, burns, scalds, grazes, etc. through STI and bone fractures, to some loss of function of the wrist.
|Moderate to severe
|Up to £114,838
|From simple skin injuries such as lacerations, burns and bruises, through soft tissue injuries such as sprains and strains, as well as bone fractures, to some level of loss of functionality or total loss of the arm (at the elbow or at the shoulder).
|Minor to severe
|Up to £21,948
|From skin injuries (cuts, scrapes, burns, etc.) through bone fractures, dislocations and soft tissue injuries, to the total loss of one or more of the fingers.
|Minor to severe
|Up to £48,048
|From skin injuries (cuts, scrapes, burns, etc.) through bone fractures, dislocations and soft tissue injuries, to the total loss of one or both of the thumbs.
|Minor to severe
|Up to £141,178
|From damage to the skin of the back such as grazes, bruises, burns, lacerations, etc. through broken vertebrae, as well as soft tissue damage such as sprains and strains, to some level of loss of function of the back.
|Minor to severe
|Up to £130,088
|From damage to the skin of the neck such as grazes, bruises, burns, lacerations, etc. through broken vertebrae, as well as soft tissue damage such as sprains and strains, to some level of loss of function of the neck.
|Moderate to severe
|Up to £49,148
|From skin injuries (cuts, scrapes, burns, etc.) through bone fractures, dislocations and soft tissue injuries, to the total loss of one or more of the toes.
|Minor to severe
|Up to £61,148
|From damage to the skin including cuts, burns, scalds, grazes, etc. through STI and bone fractures, to some loss of function of the ankle.
|Minor to very severe
|Up to £96,148
|From skin damage including bruising, burns, scrapes and lacerations, though bone fractures and soft tissue damage to total loss or loss of function of the foot.
|Minor to severe
|Up to £119,248
|From simple skin injuries such as lacerations, burns and bruises, through soft tissue injuries such as sprains and strains, as well as bone fractures, to some level of loss of functionality or total loss of the leg (at the knee or at the hip).
|Up to £3,008
|A minor, short-term illness with symptoms such as nausea, sickness, muscle or abdominal cramps, etc. It would be cured within a couple of days, without using medication.
|Up to £7,258
|A short-term illness with symptoms such as nausea, sickness, muscle or abdominal cramps, etc. It would be cured within a few days, using over the counter medication.
|Moderate to severe
|Up to £14,608
|An illness with symptoms such as nausea, sickness, muscle or abdominal cramps, diarrhoea, fever, etc. It would be cured in around a week, using prescription medication.
|Up to £39,908
|A long-term illness with symptoms such as nausea, sickness, muscle or abdominal cramps, diarrhoea, high fever, etc. It would be cured in around a week, using prescription medication, and would require hospitalisation.
I Was Injured On Holiday, What Other Costs Can I Claim Compensation For?
When a personal injury lawyer successfully processes a claim, the claimant would receive a settlement that is made of different kinds of damages such as:
- Compensation for financial losses (special damages):
- For lowered income in the future
- For loss of current earnings
- For the cost of care at home
- For private medical fees
- For travel costs incurred
- Compensation for actual physical harm (general damages):
- For loss of quality of life
- For a permanent disability
- For a long and painful recuperation
- For psychological injuries
- For pain and suffering
- For mental shock and trauma
No Win No Fee Holiday Accident Claims Against Expedia
When you use our No Win No Fee claims service, you pay no fee when we start your claim, and no fee while we process it. If we fail to win you any compensation you still don’t pay. We only charge a fee when we have received a settlement for you, and then we automatically deduct our fee known as a success fee, and send you the remainder.
How Our Holiday Accident Team Could Help You
We can help with most kinds of accidents abroad international personal injury claims. We always aim to do all that we can to ensure your claim is successful, and to ensure that you receive the maximum level of compensation possible. We do this in a transparent manner, and are always available to answer any questions you have about your claim.
Contacting Our Holiday Accident Solicitors
Have you come to harm while on holiday? Was a third party to blame in some way? Do you think you have a valid reason to make a claim? If so, please speak to our claims team on 0800 073 8801. They will offer you some free legal advice on how to proceed.
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Article by MW