5 things about holiday illness claims you probably should know
What is a holiday illness claim?
A holiday illness claim is exactly what it says on the tin: it is a claim made due to persons falling ill abroad due to poor hygiene standards within the resort visited. Under the Package Travel Regulations of 1992, you as a consumer can claim against the package holiday provider if they do not actively monitor in-resort hygiene levels to an adequate standard.
Why can you claim?
If you have booked a package holiday then you are covered by the Package Travel, Package Holidays and package Tours Regulations 1992. These regulations allow you to pursue your tour operator for compensation relating to any illness or injury caused as a result of their negligence.
Your provider should regularly check their resorts for the hygiene of the food they will be providing; including monitoring food storage, cooking and serving conditions which should prevent their customers from falling ill.
Time limitation
Claims like this usually have to be brought forward within 3 years from the date the illness began.
There are however different time limits for cruise ships, children and complaints brought forward relating to the quality of holiday:
Cruise ship claims for accidents and illness have a limitation of 2 years.
Anyone under the age of 18 affected by such events has 3 years from their 18th birthday to bring a case forward, even if the illness was more than 3 years before their 18th birthday.
A parent or guardian can act as a litigation friend making decisions in the child’s best interests up until their 18th birthday.
Claims for a child can therefore be brought up until their 18th birthday by a parent or guardian.
Travel Insurance
Claiming due to falling ill abroad does not mean that you are claiming on your travel insurance. This claim is not processed through your travel insurance and is done separately.
How can you claim?
You can claim through us! Sickholiday.com allow you to sit back and relax while we do all the hard work.
In the meantime, do not accept any form of “compensation” from your tour operator. It will invalidate your claim as it is seen as a settlement for the inconvenience you were caused.
Use your camera or phone to record pictures or video of anything that will support your claim. Retain all holiday information such as bookings, receipts, medication taken/prescribed, illness progression, etc., if available.
On return home if your symptoms persist we strongly advise that consult your GP or local surgery.
When you are ready we will organise for a detailed report to be taken and handle everything from there on in.
Your claim then begins once we have all the necessary information you have gathered, which will be collated and a detailed report will be created.
The prospects of your case will be evaluated on the probability of its success and subsequently an agreement will be made between you and the solicitor giving them permission to act on your behalf on a no win, no fee basis.
If you do fall foul somewhere, either through being ill abroad,
sickness abroad, suffering food poisoning on holiday, injury or theft, make sure to file holiday illness claims or holiday accident claims, as soon as you get back!
