UKMy holiday accommodation was unsafe. Can I claim against the organiser?
Yes, you may be able to claim against the holiday organiser if your accommodation was unsafe, especially if they sold you a package holiday covered by the Package Travel Regulations.
What the Law Says
The main law protecting holidaymakers in the UK is the Package Travel and Linked Travel Arrangements Regulations 2018, which implement the EU Package Travel Directive and continue to apply post-Brexit. These regulations impose strict liability on the holiday organiser for the proper performance of all travel services included in the package — including accommodation.
A 'package holiday' is defined as a combination of at least two of the following: transport, accommodation, or other tourist services (e.g., car hire or guided tours), sold or offered for sale at an inclusive price and covering a period of more than 24 hours or including overnight accommodation.
Under regulation 15(1), the organiser is 'strictly liable' for the 'proper performance' of the package — meaning they are responsible even if the fault lies with a third-party supplier (e.g., a hotel or villa owner). You do not need to prove negligence — only that the service fell below reasonable expectations.
Regulation 15(3) confirms that the organiser must provide assistance if something goes wrong during the trip — including unsafe conditions — and must offer remedies such as alternative accommodation, price reductions, or refunds.
If the package was not involved (e.g., you booked flights and accommodation separately), your rights fall under the Consumer Rights Act 2015, which requires services to be performed with reasonable care and skill (s. 49), and goods (e.g., accommodation facilities) to be of satisfactory quality and safe (ss. 9–10).
Statutory TextThe organiser shall be liable to the traveller for the proper performance of the travel services included in the package… regardless of whether those services are to be performed by the organiser itself or by other service providers.
— Package Travel and Linked Travel Arrangements Regulations 2018, reg. 15(1)
Statutory TextWhere there is a failure to perform the contract properly… the traveller shall be entitled to… a price reduction or compensation for damages.
— Package Travel and Linked Travel Arrangements Regulations 2018, reg. 15(3)
What Courts Have Said
Courts have consistently upheld the strict liability principle under the Package Travel Regulations, holding organisers accountable for failures by suppliers — including dangerous or defective accommodation.
The Supreme Court ruled that Kuoni was liable when a resort employee sexually assaulted a customer, confirming that the organiser’s duty covers acts of suppliers’ staff where the failure relates to the performance of the package.
TUI held liable for serious food poisoning caused by unsanitary kitchen conditions at a contracted hotel — reaffirming that health and safety failures in accommodation engage the organiser’s strict liability under reg. 15.
What to Do
Gather evidence immediately: photos/videos of hazards (e.g., broken stairs, exposed wiring, mould), medical reports, incident logs, and written complaints made onsite.
Notify the organiser in writing within 28 days of returning home — this is required under reg. 15(4) to preserve your right to full compensation.
Check whether your booking qualifies as a ‘package’ — look for a single booking reference, inclusive price, and combined services.
Contact the organiser’s customer service and formal complaints department; quote regulation 15 and request a remedy (refund, replacement, or compensation).
If unresolved, consider making a claim through the small claims court (up to £10,000) or instructing a specialist travel claims solicitor.
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.