Consumer travel advice: If you want to Sue the Tour operator or travel agent after your holiday, then make sure you have all the relevant facts.
For Example: If you fall over on a wet floor in Greece, you have to prove the Hotel was not following local health and safety guidelines, rather than the tour operator or travel agent, in other words the onus is on you to provide all the facts…
It seems that County court judges are becoming increasingly inclined to believe the travel defendant when a customer launches a legal claim following a holiday.
In the past judges have tended to side with the complainants on the balance of evidence, whenever they sue a travel tour operator or travel agent following problems on a holiday.
However, lately their has been a change in the way cases are viewed by judges, as they becoming more likely to accept the testimony of the travel agent or tour operator defending the case, rather than the customer.
This means if you the holidaymaker are suing a tour operator after slipping on an overseas hotel floor, it is up to you to prove the hotel had not followed local health and safety guidelines, as opposed to the tour operator proving they had.
What we are seeing is much more a trend in favour of judges trying to help defendants, rather than the complainant, which is you but we need to give them the Judges the tools to help them see things directly from your side.
County court judges also place the burden of proving what local standards are fall on the claimant, not the defendant. SO make sure you have all the facts before you sue
