Holiday Illness Claim
Falling ill on holiday is distressing.
In addition to the pain of the illness itself, you miss out on the enjoyment that most of us look forward to all year round. Plus in many cases, you incur substantial and unexpected medical expenses.
If you’ve had your holiday ruined by illness,you may be entitled to make a claim for compensation. Call us now on 0800 195 95 90 to find out more, or make a claim.
Under ‘The Package Travel, Package Holidays and Package Tours Regulations 1992’ we can help holidaymakers recover compensation for sickness caused by a hotel’s poor attention to hygiene on their package holiday.
Many holidaymakers have successfully claimed compensation after falling ill on holiday. The most common cases (though not all) are caused by bacteria and are the result of breaching the basic principles of food hygiene, such as:
- Poor temperature and time control/inadequate storage of food
- Incorrect food handling
- Contaminated packaging coming into contact with food
- Inadequate cleaning of food preparation surfaces
We may be able to help you with your holiday illness claim for compensation if your illness is caused by food served in the hotel bar, restaurant or as room service, or as a result of the consumption of food/water during a planned excursion.
Other known causes of holiday illness include:
- Poor hygiene in and around the pool (e.g dirty/broken tiles)
- Incorrect waste disposal
- Poor air conditioning maintenance
- Cross contamination by insects/animals
We work with medical experts who have many years’ experience in this area and who recognise the signs of illnesses contracted by any of these hotel/ cruise ship failings.
Holiday Illness Hotspots
Destinations that have become known as ‘hotspots’ for holiday illness claims in recent years include:
- Dominican Republic
“Our clients tell us they choose all-inclusive hotels so they can be certain of what they are spending on holiday. All too often, we hear complaints of watered down drinks, undercooked chicken and wildlife around the food, resulting in awful examples of food poisoning. Our team treat every client as an individual, taking care of every aspect of their claim, so that they can concentrate on getting themselves and their family better. Many clients use the compensation they recover to book another holiday to replace the one they missed out on.”
Catharine Dunn, Smith Jones Solicitor
Common types of holiday sickness
Our specialist team can help you if you have been diagnosed with any of the following bacterial infections:
Common symptoms include diarrhoea, stomach cramps, fatigue and vomiting and vary in each individual case. Cases of infection can also develop into long term illness such as irritable bowel syndrome or chronic fatigue syndrome.
In recent years there have also been a number of outbreaks of serious illnesses such as Legionnaires Disease linked to cruise ships.
Holidaymakers who are unfortunate enough to suffer from any of the illnesses listed should seek medical assistance right away. Our advice, and the advice of our medical experts, is to:
- Keep a diary of your symptoms, appointments/treatment and expenses. Keep a note of what was eaten and any results/advice if you sought medical assistance. It is also wise to provide us with details of others who became ill during your stay. The chances are if you have been ill as a result of poor hygiene, others have also.
- Photograph examples of poor practice around the hotel/cruise ship can be used as evidence in your holiday claim.
- Compile details of how and when your holiday was booked. Do you have documentation?
Can I Make A Holiday Claim?
- Was your holiday booked as a package?
- Did you mainly eat and drink in the hotel facilities?
There are many other factors we will need to consider but provided you answer yes to both of these questions, we can get started with your holiday sickness claim.
How much is my Claim Worth?
Settlements vary depending on severity, duration and type of illness. A medical diagnosis is very important to securing the compensation you deserve.
As a guide, your holiday claim should fall within the following parameters:
Food Poisoning Compensation
|SYMPTOMS LASTING||AVERAGE SETTLEMENT*||CLICK TO START YOUR CLAIM|
|A few days to a week||£1,250 – £3,300||MAKE A CLAIM|
|A few weeks to one or two years||£3,300 – £7,980||MAKE A CLAIM|
|A number of years with severe symptoms||£7,980 – £16,060||MAKE A CLAIM|
|Long lasting and severe symptoms||£16,060 – £43,890||MAKE A CLAIM|
*Taken from ‘Guidelines for the Assessment of General Damages in Personal Injury Cases’, Twelfth Edition (2013) by Judicial College. Each settlement will be valued according to the individual merits of each case. The figures displayed above are intended as a guide only. Your own Solicitor will be able to advise you of the settlement you could be entitled to.
Additional Holiday Expenses
In addition to compensation for your discomfort and inconvenience, we can also recover your ‘out of pocket’ expenses such as:
- Medical fees
- Treatment/ prescribed medication
- Appointment travel costs
- Some of the cost of your ruined holiday
Was your trip for a special occasion? E.g your wedding or honeymoon? If so, our experts can also help you recover the cost of abandoning your big day.
How long does a claim take?
The process can take slightly longer than a claim within the UK, as your tour operator legally has 6 months to investigate your claim internally.
As a guide, the average length of a holiday claim is around 12 months and this can be reduced if there are multiple cases of sickness in the same resort. If symptoms are ongoing, with no signs of subsiding, we may advise you to delay settlement until the full extent of your holiday illness is known.
As there are so many varying factors which determine the ‘limitation date’ or time limit for submitting a holiday sickness claim, we suggest you call our Freephone number on 0800 195 95 90, so that our team can talk you through the relevant information for the country you visited and the illness you experienced. Alternatively, you can request a call back here.
No Win No fee
We can represent you in your holiday sickness claim on a no win no fee basis. A “conditional fee agreement” means that you will not have to pay any legal fees should your claim be unsuccessful.*
*Terms and Conditions apply
If you would like to make a Holiday Illness Claim you can contact our expert Solicitors with an average of 23 years’ experience by calling Freephone 0800 195 95 90.
Still not sure about making a claim for holiday sickness? Speak to a member of our friendly team on our ‘online chat’ or read more about the clients we’ve already helped here.