Travel operators liable to compensate those raped while on holiday abroad

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British holidaymakers who are raped while on holiday abroad can seek compensation from their tour operator if the holiday was booked as a package.

When rape occurs overseas it is normally dealt with under the laws of the country where the rape took place, and claiming compensation in foreign jurisdictions can be very difficult.

However, the Package Travel, Package Holidays and Package Tours Regulations allow British people to claim compensation from tour operators in the UK. This is a much more straightforward option for those who have been raped while on holiday abroad.

Such a claim was made against the travel company Kuoni by a British woman who had been raped by an employee of the hotel in Sri Lanka where she was staying on holiday with her husband. The man had posed as a security guard, and had offered to show the woman a shortcut the hotel’s reception area. However, he lured her into an engineering room on the resort where he raped her.

Kuoni argued that they were not legally liable for the attack, but the Supreme Court disagreed and upheld the woman’s claim. The judges said that Kuoni were legally responsible for what had happened under the Package Tour Regulations and ordered the company to pay her compensation.

If you have been raped while on holiday abroad and are looking for specialist solicitors who are experienced in dealing with package holiday rape claims, then please get in touch with us. We will be happy to provide you with a free case assessment and details of our no win, no fee funding scheme.

Call Elizabeth Duncan for a confidential chat on freephone 0808 139 1597. Alternatively, you can send brief details of your case to us by email at info@rapecompensation.co.uk and Elizabeth will get straight back to you.

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