Accident in private villa

Chezmeralda

After help, will try to keep this brief.

We went away with my parents, both in 70's, mum is walking disabled but needs wheelchair for any distance. We rented a villa with a downstairs bedroom and bathroom (we previously rented next door so new villa was right for my mum's needs)

One 2nd day mum fell getting out of shower as shower screen was leaked and the tiles leading out of shower were wall tiles and then stepping on to a floored floor (hidden under shower mat).... broken wrist.
Next day dad fall, air conditioning unit was broken and he did not see pool of water in door way when he got up to use bathroom.... dislocated shoulder.
There was many issues with villa but these are the two biggies. Rental company informed of issues while we were there, and of both falls..  no visit or called received off them.

Return to England, mum need operation on wrist and dad has a tore rotor cuff, both got months of recovery and we are having to shower mum now as she cant manage on own.

I sent email to rental company outline issues and explain health issues on returning to England, giving them the chance to speak to owners before taking any further action.

Two weeks have passed. They acknowledged email and said they'd be in-touch.
Were do i go from here? Dad wants villa cost back and compensation. Do i go to travel insurance or find a solicitor?

elsien

Travel insurance is not going to get you any compensation. Also unlikely to give the cost of the villa back given that you chose to stay there and use it for the rest of the holiday. 

This may be a claim against the villa owner (depending on who you booked with and how) under whatever legislation applies to the country it is in, given that you mention a return to England. 

Who did you book through, and do they operate just as a third-party facilitator?

DullGreyGuy

Was it booked as a package or as separate villa/flights etc?

Which country/state was it in?

Travel insurance will cover any overseas medical bills or if you had to end the holiday early but won't pay compensation for injuries/ general damages. 

If you can claim any general damages from someone else will depend on the above questions... if you do appoint a solicitor you'll need to make sure they have the right jurisdictional experience as who is liable for what varies massively by country (and by state in federal countries)

Chezmeralda

We did try to get a flight for parents to return but peak summer Holiday's we couldn't apart from there already return flight. We were in Spain. I did speak to insurance company while out there and they said they would cover flight back if i could get one. I did inform villa company throughout stay of these things. 

bagand96

You'll be unlikely to get the villa cost back - you payed for accommodation and you used it so that service was delivered.

Injury compensation is complex and likely a legal claim rather than insurance (might be worth a chat with your insurer - you might be covered for costs of any treatment out there, but unless your policy has legal cover they probably can't help with injury claims).  Do you have legal cover anywhere else such as home insurance?  Would it cover potential legal proceedings abroad?

As the poster above states a lot of this will depend on what was booked and who with.  What does the law in the country say?  What did your contract state (if anything at all) regarding injury liability?

Many people see/hear that compensation after accidents/illness on holiday is easy.  Maybe because the Package Travel Regulations make tour operators liable for certain things - but that's when a package has been booked, and in terms of the UK you'd have a UK contract etc.  Even then it's not easy to prove negligence on the tour operator - even if some of the NWNF Ambulance chasers make it sound so.

Chezmeralda

Flights and villa booked separately. Mainland Spain
I didn't think travel insurance was right way to go as when i spoke to them about flights they said about covering that but not villa as some would be remaining (There was 3 family is same Villa, 7 of us in total). We had no medical cost apart from medication from pharmacy as treat was at hospital and not a private/tourist clinic.

I'll check my dads policy's as i know i have legal cover on both my own travel and home.

From villa company, i only have booking invoice and confirmations on pavement etc no terms and conditions or contract. 

I might try my covers and see what legal can advise me and maybe a more pointed email to villa rental company. I have noticed the villa has been removed off there sight and it was fully booked till end of October.
As you can image it wasn't a cheap do at the time of year and 7 of us, so if i can get my parents back their money that may give some comfort and go towards a recovery break somewhere safe like Duvet world 😂

Mark_d

It doesn't sound like there's any evidence the rental company were aware of problems, with the villa, until the accidents happened.  In UK we have high safety standards for new build properties and we have standards for rental properties - but the legal requirements are different for people and properties abroad.

On what grounds do you think you could get compensation?  Can you prove that the rental company have neglected their obligations under the laws of their country?

Your travel insurance company should be helping with costs and arrangements which resulted from your parents accidents.  You can ask them about any kin of compensation but I highly doubt that you'll get anywhere.

Chezmeralda

I don't believe rental company were aware of shower issue but were aware of some of the others...

I have whatsapp conversions with rental company regarding broke aircon, broken tiles in and around pool (people cut feet) and plumbing issues etc that they replied with "not again" and one actually says "this isn't fixed, the owners were there last week"

The shower they didn't know about as new shower base and screen had been fitted while owner was in property... i highly doubt they knew it was leaking and done with wall tiles as i was told the owners had done preclean themselves when i spoken to rental company as we had no bed linen or towels on arrival.

The issues i have aren't politically with the rental company but maybe the British owners as the property is not as advertised and has maintenance issues (ok rental company should be all over this) but rental company is who i rented from.

As a prevision owner of an apartment in same town that i rented out, i know there are many safely standards you have to have to be able to rent (similar to the uk) carbon monoxide alarms, fire blanket in kitchen, maintenance records for aircon units, pool depth marks etc, etc  

DullGreyGuy

bagand96 said:

Do you have legal cover anywhere else such as home insurance?  Would it cover potential legal proceedings abroad?

The OP should certainly check their own but in the vast majority of cases Legal Expenses insurance is limited to UK jurisdictions (sometimes inc Channel Islands and Isle of Mann). It'd be complex and expensive to maintain a global network of solicitors when most will never be used.