Can I claim for being ill on holiday?
In this article, we explain when and how you can claim compensation for your holiday illness and how we can help put things right.
Holiday time with family and friends is valuable; in choosing our holiday destinations all over the world, we expect that health and hygiene systems are in place so that we are not put at risk of illness or injury. More and more holidaymakers are becoming aware of their right to seek redress when things go wrong.
One of the first things to consider is whether your overseas holiday was purchased as an ‘all inclusive’ package. If it was, under The Package Travel and Linked Travel Arrangements Regulations 2018 you can bring a claim in the UK against the organiser (usually the tour Operator) of your holiday abroad if you suffer injury or loss as a result of a failure in performance of a particular aspect of a package holiday as sold, including food.
What if my holiday was not a package?
If you arranged different elements of your holiday abroad (eg flights, accommodation) separately then you would not be covered by the Package Travel Regulations in the UK. You may still have a claim, but you should seek legal advice on your options for pursuing the matter in the UK or whether you need foreign representation.
If your holiday was in the UK
If you wish to claim following a holiday in the UK, then there will likely be legislation in place to protect you. Get in touch with our team to see how we can help.
What caused your illness?
If you and/or others in your travelling party became ill as a result of food poisoning or other hygiene failure at the hotel complex (or on an excursion that was included in the price of the package), then you could be entitled to claim damages. Find out how much your holiday illness claim could be worth.
Why people seek legal advice
We often come to the aid of clients who have already had a response to a complaint made to their tour operator or rep.
1. Tour operators reject your valid complaints
In most cases, it is likely that a tour operator will reject customer complaints alleging that hygiene at the hotel is responsible for episodes of illness. Even if you believe you have a strong claim and did not consume food or drink outside your hotel, they might argue that other factors (such as overexposure to the sun, dehydration, overindulgence in food or alcohol, viruses or infections picked up outside the hotel complex, swimming in the sea, aggravation of existing medical conditions) were responsible.
2. ‘Good will gestures’ do not meet the value of your claim
They may occasionally offer ‘good will gestures’ of vouchers, upgrades or sometimes cash sums to customers who make a complaint. However, these offers do not amount to an admission of liability; nor do they take into account the true value of your claim in terms of pain, suffering and other losses caused by your illness.
This is why many British holidaymakers come to us to formally pursue a claim. Holiday Claims Bureau have an experienced team of solicitors who know how best to support you in proving that, on the balance of probability, you were made ill as a result of poor hygiene or food poisoning at an all-inclusive hotel.
How long do I have to claim?
You must issue a claim to the Court within 3 years of the date of illness. For minors, any personal injury claim must be issued to the Court before the 3rd anniversary of their 18th birthday. We strongly advise that you seek legal advice as soon as you can following the onset of your illness.
Further helpful information:
How long does a holiday illness claim take? Read More >>
What do I do next?
Call us now on 0161 813 2131 to speak to our helpful team or use our contact form and we’ll call you back. We will discuss your potential claim and consider the facts to see how we might help you seek compensation on a No Win, No Fee basis.
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