I dealt with quite a lot of holiday claims although the case law I remember may have been superseded. At the time, (quite a few years ago) you have no claim against the holiday company for a “bad holiday” unless you made a complaint either at the resort/holiday location or within 10 days of returning. As I said, that may no longer be the case but that is what it used to be.
You have a claim for breach of contract which is a slightly different thing, if they did not provide exactly what they said they were going to provide and the time period for that is 6 years.
For there to be a claim,
1. there needs to be a duty of care,
2. the duty of care needs to be breached,
3. someone must suffer loss or injury as a result of the breach and
4. that loss or injury must flow from the breach
5. injury or loss must be a reasonably foreseeable consequence of the breach.
In your case, 1, 3, 4, 5 are satisfied but the hit-and-run accident is not the result of any breach by the holiday company.
You say it’s not fit for purpose and you have some comeback in the Sale of Goods and Services. In fact, that no longer applies to consumer contracts, the correct statutory provision is the Consumer Rights Act.
You say that the holiday was not as stated but there is nothing in your information which says what was not stated. All you talk about is the hit-and-run accident and you have no claim that I can see against the holiday company.
I’m sorry, I know it’s not the answer you wanted but unless I’ve misunderstood the facts, I just can’t see how you have a claim which is probably why they have washed their hands of it.
Can I clarify anything else for you?
I’m happy to answer any specific points arising from this.
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