Who may be responsible?
Hotels and resorts may be liable if a failure to take reasonable care caused your injury. The law of the place of an overseas accident generally governs a negligence claim against that supplier.
Tour and package operators may be responsible for services they undertook to supply. An Australian booking agent who only arranged reservations is assessed on its own services and conduct.
For covered international flights, the Montreal Convention governs passenger death or bodily injury caused by an accident on board or during boarding or disembarking. You do not have to prove airline negligence for the first tier of liability, although passenger fault can affect the claim.
Can I bring the claim in Australia?
Sometimes. The booking contract, provider’s role, location of the accident and court jurisdiction all matter. Australian consumer guarantees may apply to services supplied by an Australian provider. An Australian court can also apply foreign law to an overseas negligence claim.
What can compensation include?
Depending on the claim and applicable law, compensation may cover treatment, rehabilitation, lost earnings, future care and pain and suffering. Keep records that connect each loss to the injury. Travel insurance can help with immediate costs and may provide other policy benefits.
What should I do next?
Seek medical care first. Report the incident to the hotel, operator or airline and keep a copy. Save booking terms, photographs, witness contacts and receipts. Get advice promptly about the right defendant and deadline; negotiating does not stop a court limitation period.
Frequently Asked Questions
Does booking through an Australian agent guarantee a local claim?
No. We check whether the company supplied the package or only arranged the booking, and whether its conduct caused the injury.
Do all travel injury claims have three years?
No. Airline injury claims generally have two years, and foreign hotel or tour claims can follow shorter local periods. Identify the claim route early.