Fans of I’m A Celebrity…Get Me Out Of Here! will have noticed that John Barrowman was absent from the jungle on Sunday night.
The actor was rushed to hospital after sustaining a sprain to his ankle when he slipped down a path on his way to clean a pot.
It would probably be a bit of a stretch to call John’s trip to the jungle a holiday given that it’s involved swimming surrounded by 40 eels and pulling jigsaw pieces from piles of fish guts, but what if he had simply been a Scottish person on holiday in Australia when he was injured?
Under the Package Travel and Linked Travel Arrangements Regulations 2018, if he was on a package holiday, he would potentially have a claim in Scots law against the travel agent or organisation which arranged the package despite the fact that his accident took place abroad.
A package holiday is defined in the Regulations as a combination of at least two different types of travel services for the purpose of the same trip or holiday if those services are:
- Combined by one trader, including at the request of, or in accordance with, the selection of the traveller, before a single contract on all services is concluded;
- Purchased from a single point of sale and selected before the traveller agrees to pay;
- Offered, sold or charged at an inclusive or total price
- Advertised or sold under the term “package” or a similar term;
- Combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services; or
- Purchased from separate traders through linked online booking processes where the traveller’s name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or traders and a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service.
If John’s hypothetical holiday met the above requirements, then he would be able to bring a personal injury claim against the provider of the package in the usual way, without having to deal with another country’s legal system. However, liability on the part of the provider of the package for any accidents on a package holiday is not automatic, and he would still be required to prove negligence on the part of either the organisation or their employees which led to his accident.
Luckily John’s injuries were not too severe and he is now back in the jungle and ready to take on the next Bushtucker Trial!
If you have suffered personal injury whilst on a package holiday, Jackson Boyd can help you bring a claim. Click here to contact us online or call 0333 060 5725 to speak to a member of our specialist team.
