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Injured while travelling?. Make sure to check your Travel Insurance.

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Injured while travelling?. Make sure to check your Travel Insurance.

Going overseas is a wonderful and exciting adventure. Make sure to check your Travel Insurance carefully.

We acted for a client who went on a once in a lifetime dream holiday to Paris. That holiday quickly turned into a nightmare when our client was injured when she stepped out of the shower in her hotel room.

Our client used a website to reserve her hotel accommodation in Paris. The payment details page included a term that “the terms and provisions of services shall be governed by and construed in accordance with the laws of Singapore and subject to the exclusive jurisdiction of the Courts of Singapore”.

At the time of her injury, our client claimed that the shower screen was not correctly fitted. She commenced proceedings in the Supreme Court of NSW to seek damages for her injuries. The Defendant submitted that the NSW Supreme Court was not the appropriate forum. In it’s judgement the Court determined that the terms and provisions provided for exclusive jurisdiction in Singapore and in the circumstances that was the appropriate jurisdiction. The proceedings in the NSW Supreme Court were permanently stayed (frozen) and our client had to pursue her claim in a foreign Court.

If you are travelling overseas it is so important to make sure that you check all the travel and booking documentation to ensure that in the event of an accident or injury that you can pursue a claim in an Australian Court, if necessary. You should also check the terms of any insurance policy you take out as to your rights and any exclusions that apply.

If you need advice in relation to any injury suffered whilst you were travelling, call Peter Moore, Compensation Lawyer of Brazel Moore Lawyers on 02 4324 7699. It is important to note that strict time limits apply so don’t delay.