Holiday Kids' Clubs are often just as popular with adults as they are with children. Many children do not want to be lounging in the sun with their parents whilst on holiday and would much rather be making new friends and trying out new activities. Similarly, for many parents, choosing a holiday with a Kids' Club gives them the chance to have a well earned rest. But who regulates holiday Kids' Clubs, and who is responsible if your child sustains an injury whilst in their care? This will largely depend on where your holiday is and who you have booked it with, as Victoria Gallanders from our Birmingham based international claims team explains.
If your children go to a holiday club in the UK then, unless exempt, the Kids' Club should be registered and regulated by Ofsted. English Health and Safety Laws will also apply to the Kids' Club to ensure that your children are safe whilst in their care.
When using a Kids' Club abroad, regulation varies from country to country. Kids' Clubs in foreign countries have to adhere to the laws of that country, but these may fall short of the standards that you would expect at home. You may therefore want to do some research before your child's first day. If booking a package holiday, many UK tour operators offer their own Kids' Clubs and adhere to the Federation of Tour Operators' Guidelines on Child Safety.
The remedies available if your child is unfortunately injured whilst under the care of the Kids' Club staff will also vary depending on who you booked your holiday with. If you book the Kids' Club activities as part of a package holiday and your child is injured, you may potentially be able to bring a claim in England against the tour operator under the Package Travel Regulations.
If your child is injured whilst in the Kids' Club care and the Kids' Club was not part of a package holiday, you may still be able to bring a claim. In this situation, it may be that you have a claim against the hotel or company that provided the Kids' Club in the foreign country. Your claim would then be subject to the laws of that foreign country, and you should seek specialist legal advice on this as soon as possible.