Me again, I can see people looking at the thread, any thoughts or information would be appreciated. thanks

Sorry to hear about this and hope you get it sorted.

Sorry, but I wouldn't know what the definition is - try phoning Ros in the first thread in this forum.

I have always booked exursions through my tour op, like you, for peace of mind as I have always been told they are fully insured. Luckily I have never had an injury, so never had to make a claim. Our recent tour to Dom Rep, we were told by Thomson, "don't book from the beach vendors as they are not insured, you should book with us" which I always assumed meant that the tour op was insured. Who did you book through and are toy trying to claim medical expenses or compensation? Would be interested to know your outcome, as I've only ever verbally been told that the trips are insured?

The laws relating to personal injury are complex, and I think this is something you really need to discuss with a solicitor who specialises in personal injury claims.

I do recall though seeing an article discussing liability re: accedents on excursions recently in one of the travel industry trade magazines; I'll try and dig it out, & if I find it, I'll post what it says.

Thanks for your replys

We booked through 1 2 fly in Germany. A sister company of tui thompsons. I found out after all this started.

My husband and I normally organise everthing ourselves but the Rep made it sound all so unsafe and seening that we had our daughter with us we decided to play it safe, after he told us that we would be insured and in safe hands.
( I'm sure that if you asked most people when they booked an excursion they would think they were insured with the company (Rep) that they are travelling with.) They have said that I should be sueing the actual company in Eygpt that THEYbooked it through. I have to disagree as I booked in good faith that my family and I would be secure with 1 2 fly.
We did book over the internet, so we had no broschure, which I have now and there is no where stated that excursions are not their responsability, it was not on the ticket that we recieved from the Rep, which I might add we don't have now as you have to hand the ticket over. (I would think about not handing it over next time.) We also had to change the hotel as we had booked all inclusive, and were harassed the whole time about eating in their half price Restrauants which we weren't interested in. Al we wanted was peace and quit on our Privat Beach that we had paid for! There were other things but I won't go into that, our new hotel was good no complaints there except that I REALLY don't think much of EYGPTEN men and would not let my daughter walk around the Hotel on her own.
I'm looking to be compensated for my holiday that was ruined by this accident, the costs of the telephones back to Germany to the 1 2 fly and the insurance Companys. and my Dr.s bill(Privat) that I have had to pay since I have been home.
I can say that finally(I hope) the injuries are healing and I am able to do some sport now.

We are at the lawyer talking stage now. We did document everything, took photos, had alot of prove, but they still say that it was my fault that I fell through the hole(which was not there when I stepped on the boat. He lifted the hatch exactly the same time that I walked past, even the Rep on the boat admitted fault, but later would not put it into writing what he had seen. We do have witnesses so hopfully that should help.
Today was the first meeting as yet I haven't heard anything this is just a ground meeting from both sides. We have been writing to 12 fly since the accident!!!!!
I can't believe how low and degrading they become, just so they don't have to make a payment. I will fight this now as they have made me really angry, its just so frustrating as they really don't wanted to listen and treat their customers like dirt.
Sorry its abit long.

If the booking was through the TO's rep and with the TO's knowledge / consent for them to be sold then the contract for the excursion is with the TO. If the TO didn't know the rep was booking the excursions then they would be off the hook but the rep is probably guilty of fraud (depends on how he/she represented the trip to you).

It could be very difficult to pursue the excursion provider - often a small outfit in a foreign country with a very different legal / insurance system.

A leaflet from the rep at the resort would be very useful to have. If you don't have one perhaps someone else visiting the same resort could get one for you.

Thanks for the replys, this site has been a great help, I've found all sorts of information that will help us.

I have printed out a copy of the safe and sound which has been a wonderful help.

The first round with their lawyers went much better than I thought it would . They had to pay for the costs of the court yesterday, they dispute that the Rep didn't work for them but the Travel Company down there in Eygpt.:shock: - Our Rep was so rude and arrogant to us that we took photos of him and he is in full 1 2 fly inform!!!

At first they said that they had no boards/books in the resort, which we all know thats not true.(every company does that) And then they are saying that on the bottom of the boards theres a small clause saying that the company is not responsible for the excursions.(Maybe when reading this all the people going on holdiays have a good look at your books and boards and see if anything it written there.)
From now on I will keep every piece of paper from the start to the end of the holiday until I get home safe and sound. I regret throwing away the crappy photo copy of our welcome pack. (Wish I had kept that)
Anyway thanks again for our anwsers,

Surely if you have adequate holiday insurance, then it wouldn't matter who you booked your excursion with as you could claim on your holiday ins should there be any problems on your trip. Tour reps always say things like that just to sell their own trips and get the comission. It's always the same they never want to pay up when there's a problem. My wife used to work in insurance and maintains that they were all as crooked as they come and would do anything not to pay out. I hope you get a satisfactory result Margie.
Laurence

Still waiting for the next appointment which should be about 2 weeks time.
Yes we did have good travel insurance, but I was told that finished the day that I landedback in my own country and then my own health insurance would take over. The only problem with that is an ostepath is no where fully covered by our health cover, so I am having to pay the rest. My back is still very sore which is really annoying as I'm a sporty person and am unable to enjoy the things that I used too love to do.

I worked for an Insurance com. many years ago and I have to say we were good. We payed our claims out quickly as we cost us more money in the long run. Times have changed.!!

As the accident happend during the period that your travel insurance was in force then any medical costs relating to this actual incident and ongoing injuries should be covered by the travel insurance. The fact you are back home and your holiday over is completely irrelevant. Call them again.

EDITED - please ignore this - was completely misinformed by the post office travel insurance - it does stop when you arrive home. So sorry if I misled anyone. Will be reading the small print on my own again I think

Just thought I'd let you know we go to court on the 21st September.

They say I was stupid to fall in the hole. Will let you all know the out come next week.

good luck margie, in court this week. go and show them. fingers crossed for you and yours.

choc.

Good luck.

We're all behind you Margie let us know the outcome and the best of luck.

Hi again after all these months.
Just to fill you in what has happened after all this time.. Will try and make it not to long. We ended up in court, gave our version of what happened. The lawyer for the other company lied in court, saying that I fell before I got on the boat. They lied about so many things. We were lucky that we had actually documented everything. After taking our statements the court decided to wait for 9 months so they could get a statement from the boat owners in Egypt. I suspect that they have not heard from them. Our witnesses(that we don't know and have never seem again.) also replied and gave excellent versions of what had happened. Also what the reps say when you are picked up from the airport, meaning---- an excusion may cost more with us BUT you are insured and safe with us
We had a letter last month with a offer of € 2,ooo voucher for a holiday.
We have refused on the grounds that this is what our holdiay cost and does not cover my €800 phone bill trying to contact the company in Germany. Also the €1200 that I have spent on my Osterpath.
We received a letter today saying they will not except our offer of giving me back my expences.
Question where do I go from here? If i keep fighting am I going to lose and come out of it with nothing or do I take the offer...Its a hard one.
I know I am right and my life changed since I had this accident. After nearly 18 months I feel that maybe I can start running again, but will my back hold out................
Any suggestions would be grateful, Thanks again everyone.

I would assume that you have your own legal representation. Ask them!

That is what they are being paid to do - look after your interests. They will be able to advise you if the offer is fair.

They, and only they, can advise if you have any chance of recovering further monies.

With regard to a voucher - I would request that they pay you money. Vouchers, as has been said on here before, do have a limited life. You may, for various reasons not be able to use them.

That is my Opinion

fwh

Thanks for the reply.
I do have representation and I will speak to them.
I was just wondering if anyone who has come this far thought that it was better to take the voucher or keeping going and try and get all my money back.....( lawyers win either way!)

I concur with fwh - especially with his advice re. cash and NOT vouchers.

Ask your legal representatives.

To add my opinion it's very easy to get sucked into a dispute at a personal level. It becomes a battle of wills especially when you know in your own mind that you are telling the truth and you feel the other party isn't. I'd step back from the situation and try to analyse matters from an impartial judge's position. Do you really think such a person, based upon the evidence available, is likely to find clarly in your favour ? The worst case scenario is a protracted legal case that the other party can perhaps better afford than you.

Good luck, and bear in mind the important aspect that you are recovering physically.

Mike

As far as British tour operators are concerned, they are responsible for
your well being both within and without the package.
Ie they are responsible for your wellbeing in your accomodation, on your transfer coach, on your flights etc, hence why they do health and safety checks in accom.
but they are responsible also for your wellbeing outside the package as well, ie on an excursion that they have sold you. It is incorrecct for them to say don't book else where you aren't insured., as it isn't a case of insurance. what they should say is that the excursion has been checked for safety, the included food has been checked, the extras for example if there is jetski-ing included with a boat trip, are using safe equipment,whereas if you book with someone on the beach they may not have any h&s checks.
However 2 things I note are
1 you booked with1-2fly who are a German company and as such may
not be subject to the same conditions as British ones.
2 someone opening a hatch as you were passing seems to me to be an accident, not something that anyone could be reasonably responsible for. If it was open and left open for some time then that may be a negligent action, or if it was broken and therefore unable to close, then that would
be deemed unsafe and the trip shouldn't have gone ahead as it would have been against the stringent h&s guidelines that the TO's impose on their suppliers.
I hope you feel better soon and get a satisfactory result.