If you’ve suffered from an unexpected illness on holiday, then you could have grounds to make a holiday illness claim.
Was your trip booked as part of an all-inclusive package holiday deal, and the illness you suffered was caused by the resort or its conditions? If so, then under the Package Travel Regulations 1992, you may be entitled to compensation.
Below are some of the steps you can take to improve your chances of making a successful holiday illness claim and getting the compensation settlement you deserve.
For free legal advice get in touch with our Holiday Claims Solicitors. Ask if we can deal with your claim on a No Win, No Fee basis.
We're rated‘Excellent’Visiting the doctor during your holiday could be vital if you plan to make a holiday illness claim, so you can get a proper diagnosis. A healthcare professional should also be able to tell you if you’ve been infected with a pathogen - a bacterial microorganism that’s a typical cause of diarrhoea and food poisoning.
Make sure you keep all doctor’s notes and receipts, as this could be useful evidence if you’re thinking of taking legal action.
If you believe poor standards at your hotel or resort were the direct cause of your holiday illness, then get as much photographic or video evidence of this as you can. This can be vital in proving your version of events, before your hotel or tour operator can make any major changes.
Inform hotel staff or your tour operator rep as soon as possible, and write down the details of every call and conversation straight away, so you have a record of what was said.
Speak to people you went on holiday with or met there and get their contact details, as they may be able to back up your point of view when you make a claim.
Some illnesses, such as gastroenteritis, can be spread through contaminated food, so if you’re suffering from this illness, or any other stomach problem, it could be worth recording what you ate around the time you fell ill. This could prevent you or your family consuming any more contaminated food.
Potential causes of contamination can include food being served at lukewarm temperatures, food not being cooked thoroughly and food being reheated or left standing for too long. Food service areas can also be contaminated by birds and other animals.
The water you drink could be another possible cause of holiday sickness. In some countries, the tap water isn’t fit for consumption, so if you order a drink with ice, check that it’s not been made with tap water, as that could be enough to make you ill. Similarly, if you order a cocktail with fruit in it, the fruit may have been washed in tap water or have been grown in contaminated conditions.
If you or your family suffered from food poisoning at a hotel while you were on holiday abroad, get in touch with our Holiday Claims Solicitors for free legal advice about claiming compensation.
If you’re on a package holiday and fall ill from food poisoning at your hotel or resort, your tour operator is responsible, which means that legal action would be taken against the tour operator.
If you fell ill with Campylobacter on holiday, you may be able to claim compensation from your tour operator.
Gastroenteritis can also be caused by contact with another person carrying the bacteria, so even if you’re eating food that seems fine, it could still be tainted if, for instance, the person preparing it didn’t wash their hands first before handling it.
Winged insects can also pose a problem, as flies can carry all sorts of diseases, and if they’re able to make contact with food, it’s likely to become tainted.
Swimming pools are another potential health hazard for holidaymakers. Usually, it’s simple enough to tell if a pool is clean at a glance, and most hotels and resorts will have a member of staff skimming the pool each morning. But if the correct chemicals aren’t applied to the pool to neutralise invisible pollutants, such as sweat, urine, saliva and dead skin, as well as cosmetics and sun cream, then you could be at risk of developing an infection.
While your focus may be firmly on finding out the cause of your illness, don’t forget to try to lessen your symptoms if you can. For instance, you could:
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