Can You Claim for Holiday Sickness at a Hotel?
If you got sick and fell ill on a package holiday, it may be that your tour operator didn’t do enough to keep you safe.
Under the Package Travel and Linked Arrangements Regulations 2018, tour operators such as Hays Travel, Jet2, TUI and Virgin are responsible for the services and facilities provided by a foreign hotel as part of your package holiday if you bought it for a single price. That includes everything from your flight to your accommodation, and means they must take reasonable steps to ensure you don’t come to harm during your holiday.
So if you, for example, fall ill from food poisoning sickness after eating food or drinking water provided by an all-inclusive hotel or resort, your tour operator can ultimately be held responsible. If you weren’t on a regulated package holiday, you may have to take legal action directly against the hotel.
Our Holiday Claims Solicitors have many years’ experience dealing with a wide range of holiday illness and sickness claims, particularly in countries where outbreaks can be common, such as:
- The Caribbean
- Cape Verde
- Dominican Republic
Holiday Sickness Case Studies
For free legal advice get in touch with our Holiday Claims Solicitors and we’ll be happy to discuss your claim with you. We deal with many claims on a No Win, No Fee basis – ask us for details.
Most Common Causes of Holiday Sickness
It may not be immediately clear what’s caused your holiday sickness, but there are many possible causes to be found within a hotel or resort. This can include:
- Food being served lukewarm
- Food not being cooked thoroughly
- Food being reheated or left standing for too long
- Food and food service areas being contaminated by flies, insects, birds and other animals
- Food being touched and prepared by people carrying infection or illness
- Not using filtered water to make ice
- Using tap water to wash fruit, salad and vegetables
- Poor maintenance of swimming pools or water slides
- Public toilets not being cleaned adequately.
What Evidence Can Help My Holiday Sickness Claim?
You can improve your chances of successfully claiming compensation from a tour operator or hotel if you have evidence that shows hygiene practices were substandard.
This could include photos and videos of locations such as the hotel restaurant and buffet area, or the area in and around the swimming pool. It’s also worth getting contact details of other guests at your hotel, as other people may have got sick with similar symptoms.
This evidence could help to prove when and where you developed your illness and that failings at the hotel were responsible.
If you’ve reported your sickness to a holiday rep, you should keep any documentation or correspondence between you, such as a copy of a written record of your complaint and details of every call and conversation you’ve had. If you’ve seen a doctor or a medical professional while on holiday, you should keep copies of any documents, prescriptions and receipts for medication you bought.
If the doctor at your hotel or resort doesn’t have the facilities to take a stool sample straight away, you should request a test from your GP at home as soon as you get back to the UK. This could be vital both in strengthening any legal claim, and in diagnosing your specific holiday illness and ensuring you get the correct medical treatment.
What Can You Claim Compensation For?
If you fall ill from food poisoning or suffer from an outbreak of Cyclospora, E. Coli, Salmonella or Shigella on holiday, you may be entitled to claim compensation for:
- The pain and suffering you’ve gone through
- How much of your holiday was ruined by your illness
- Loss of earnings, both past and future
- Out of pocket expenses, such as medical fees and travel costs
- The cost of any care, support and rehabilitation you may need.
Our Holiday Claims Solicitors are specialists in Travel Law and can provide you with expert legal advice and help you get the compensation you are entitled to.
Simpson Millar is a national law firm with over 500 staff and offices in Bristol, Cardiff, Lancaster, Leeds, Liverpool, London - Euston, London - Fleet Street, London - Teddington, Manchester, Morecambe and Southport.