UKI was injured on a package holiday. Is the organiser liable?
Yes, the package holiday organiser is usually liable for injuries caused by failures in services they sold as part of the package, under the Package Travel and Linked Travel Arrangements Regulations 2018.
What the Law Says
The legal responsibility of package holiday organisers in the UK is set out in the Package Travel and Linked Travel Arrangements Regulations 2018. These regulations implement an EU Directive and impose strict liability on organisers for the proper performance of all travel services included in the package.
A 'package' is defined as a combination of at least two different types of travel service (e.g., transport, accommodation, car hire) sold or offered for sale at an inclusive price, where the services are pre-arranged or advertised as such. The organiser is legally responsible for all aspects of the package — even if third parties (like hotels or airlines) actually provide the services.
Under regulation 15(1), the organiser is liable for 'the proper performance of the travel services included in the package', regardless of whether those services are performed by the organiser itself or by other suppliers. This means you do not need to prove negligence — just that something went wrong with a service covered by the package and it caused your injury.
Regulation 15(3) confirms that the organiser remains liable even when the failure is due to the act or omission of a third-party supplier — unless the organiser can show the failure was due to unusual and unforeseeable circumstances beyond their control, and they took all reasonable steps to avoid it.
Statutory TextThe organiser shall be liable to the traveller for the proper performance of the travel services included in the package.
— Package Travel and Linked Travel Arrangements Regulations 2018, reg. 15(1)
Statutory TextThe organiser shall remain liable where the failure is attributable to a third party not acting within the course of their employment...
— Package Travel and Linked Travel Arrangements Regulations 2018, reg. 15(3)
What Courts Have Said
UK courts have consistently upheld the strict liability principle under the Package Travel Regulations, making it easier for injured travellers to claim without proving fault.
The Supreme Court held that a tour operator was liable when a hotel employee sexually assaulted a guest — the assault arose from the hotel’s failure to provide safe accommodation, a core package service.
Confirmed that air carriers’ liability under the Montreal Convention does not exclude or limit the separate liability of the package organiser under the 2018 Regulations.
What to Do
Gather evidence: photos, medical reports, witness statements, booking confirmation, and any incident reports made on-site.
Notify the organiser in writing within 28 days of returning home — this preserves your claim under industry standards (though not a strict legal deadline).
Check if your claim falls under special rules (e.g., air accidents may trigger Montreal Convention rights alongside package claims).
Seek legal advice promptly — while the general limitation period is 6 years, earlier action improves evidence quality and may allow resolution via ABTA or travel insurance.
If the injury occurred abroad, remember UK courts can still hear the case if the organiser is UK-based and the package was sold in the UK.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.