Accident on Holiday - Your Rights Explained
If a tour operator has sold you a package holiday at a single price, it’s their responsibility to ensure every aspect of it meets with the local safety standards.
This information was originally published on our website on 05/01/2018 and has been updated on 20/04/22
Our Holiday Claims Solicitors have successfully dealt with thousands of compensation claims for British holidaymakers who've been affected by holiday illness, particularly at hotels and resorts in Mexico.
If you or a member of your family suffered sickness on holiday and believe the illness was caused by the fault or negligence of the hotel or tour operator, you may be entitled to compensation.
The largest tour operators advertising all-inclusive package holidays in Mexico is TUI, and in this article, we explore how they've approached the health risks facing British tourists, including problems with Cyclospora (infection of the bowel) and what you can do if you're affected.
At the time of drafting this article (April 2022) the Foreign and Commonwealth Office is still warning customers about the dangers of contracting Cyclospora, as quoted directly from their Mexico Heath Advice page below:
"In the last 3 years there has been an increase in reported cases of a food and water bug, cyclospora, affecting travellers returning from Mexico, particularly from the Riviera Maya region between the months of May and June. You should follow the advice of the National Travel Health Network and Centre."
Travel Advice April 2022
In addition to not being made aware of the potential risks at the time of booking their holiday, holidaymakers have informed us that TUI didn't advise them of a potential outbreak until they had arrived at their resort in Mexico, presenting them with a letter to inform them of the situation upon their arrival.
Financially, changing hotels at this stage may be practically impossible for some families due to the associated costs with changing hotels at such a late stage, with some holidaymakers reporting that this can cost the equivalent of an entire holiday.
This lack of communication could arguably be easily rectified. For example, TUI could follow the example that rival tour operator Virgin Holidays has set by making a Latest Travel Updates which informs prospective holidaymakers of any known issues at their resorts, and providing contact details for a dedicated Customer Service Team in the event that they're affected.
One way to reduce the risk of booking a holiday to a destination that may put your family's health at risk is to talk to ask your tour operator specific questions before booking.
For instance, you could ask them if there are any current or historical problems with the resorts that you're interested in. It's unlikely that they'll be dishonest with you because if they don't advise you on a known issue when asking about it and you get sick, you could argue that they mis-sold your holiday.
If you have booked a package holiday but still want to inquire about possible health problems before travelling, you are entitled to ask companies such as TUI to share details of their supply contracts. These contracts should reveal what health and safety checks and inspections have been carried out, and what the results of these checks were.
While this might seem excessive, your tour operator is obliged to answer such enquiries, and by doing your research, you'll have more information to base your assessment on. These contracts may also be beneficial in the event that you need to make a compensation claim, as they may highlight inconsistencies in reports at your hotel.
Cyclospora is a parasite that can be found in water that has been contaminated with human faecal matter. It can attach itself to different types of produce, and once it has attached itself, it can be very difficult to remove, particularly when it comes to herbs, fruits and vegetables intended to be served uncooked or unpeeled.
Because Cyclospora is so difficult to eradicate, your tour operator has a responsibility to ensure that they adequately investigate the supply lines of every hotel they offer as part of an all-inclusive package holiday, ensuring that they aren't just reliable, but are supplying produce that is fit for human consumption.
TUI is responsible for supplying safe holidays due to a section of The Package Travel and Linked Travel Arrangements Regulations 2018 that implies that they must properly perform your holiday arrangements. This included any services provided to you under your contract with them including the food served at all-inclusive hotels . This duty includes a responsibility third party suppliers that your hotel might use to provide you with all-inclusive meals and drinks.
If they fail to ensure your food served is safe, they could be seen as being in breach of contract, which is why you are able to pursue a compensation claim against them if you're sick on holiday.
If you have reason to believe that you have contracted Cyclospora, notably if you exhibit stomach illness symptoms while staying at a hotel in an area known to be affected by Cyclospora outbreaks, it's advisable to notify your holiday rep and hotelier. They should be able to make the necessary provisions, but it's advisable to see a medical practitioner.
It is our experience that Cyclospora only tends to be diagnosed when unsuspecting holiday-makers return to the UK. Stool samples seem to be rarely tested for the bug in Mexico.
If it's diagnosed, Cyclospora is treatable with a specific type of antibiotics. To receive an accurate diagnosis, you may need to specifically request a medical practitioner tests you for Cyclospora, but once you do and receive the appropriate treatment, you should find that you make a far speedier recovery than you would by self-medicating or waiting for your condition to improve.
By receiving a diagnosis, you'll also have medical evidence of the pathogen that caused your condition, something which can be invaluable in the event that you choose to make a compensation claim.
If you are treated during your holiday and should “google” the medication you are given. If you are subscribed Trimethoprim/ Sulfamethoxazole by the a medic or doctor, alarm bells should start ringing because that is the medication used to treat Cyclospora. In the UK it is treated with co-trimoxazol, as per the UK Government website advice.
Tour operators such as TUI have been known to make offers of compensation, but our Holiday Claims Solicitors often find that these are for less than what affected holidaymakers are entitled to. We recommend speaking to a member of our holiday illness claims team before accepting an offer.
We can provide you with a free consultation, during which we can assess your case and advise you on whether we feel the offer you have received is adequate.
We can also advise you of whether you should consider pursuing the matter through an alternative route of arbitration, or if we feel that instructing us to represent you on a No Win, No Fee basis is the most beneficial option.
There's no obligation to proceed with us when making an enquiry, but by receiving advice from a specialist who is well versed in travel law, you'll know which options are available to you, and you'll still have the option to accept TUI's offer.
Fill in your details and one of our team will call you back or call us now on 0808 239 7911