I was injured on a package holiday. Which law governs my personal injury claim?

What the Law Says

The legal framework for personal injury claims arising from package holidays in the EU is set out in Directive (EU) 2015/2302 on package travel and linked travel arrangements. It harmonises consumer protection across all EU Member States and imposes direct obligations on tour operators.

Under this Directive, a 'package' means a combination of at least two different types of travel services (e.g., transport + accommodation) sold or offered for sale at an inclusive price, and covering a period of more than 24 hours or including overnight accommodation.

The tour operator is strictly liable for damage caused to the traveller by the failure to perform or improper performance of the package — including personal injury — unless the failure was due to the traveller’s own fault, unavoidable and extraordinary circumstances, or third-party actions outside the operator’s control and not related to service provision.

Travellers have 2 years from the date the package ended to bring a claim against the organiser (tour operator), as stipulated in national laws implementing the Directive.

Statutory Text

The organiser shall be liable to the traveller for the proper performance of the package, including for the acts and omissions of the retailer, as well as for the acts and omissions of any other person involved in the performance of the package.

— Directive (EU) 2015/2302, Art. 14(1) — Liability of the organiser

Statutory Text

The traveller may bring an action against the organiser within a period of two years after the end of the package.

— Directive (EU) 2015/2302, Art. 17(1) — Limitation period

Sources