Have you suffered from food poisoning or illness while abroad?
Peace of mind
Your solicitor will discuss all of the funding options available to you and together you will decide whether or not a “No Win No Fee *” agreement is the right option for you. Although other options are available, nearly all of our clients decide that this is the right one for them. This type of agreement allows peace of mind for you and your family as you are at no financial risk if your case is unsuccessful. The solicitor will act on your behalf with your best interests in mind working towards getting you as much compensation as possible. If you win your case, the only thing you will have to contribute is 25% of the compensation you are awarded, leaving the tour operator to pay for your entire solicitor’s entire basic charges and expenses.
Know your rights
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 an illness or injury cause as a result of their negligence. The word “package” is defined as the pre-arranged combination of at least two components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation. Therefore, if you purchase something in addition to your hotel stay, such as flights or transfers and it was sold at one total price and under one contract, then this would be classed as a package. This being the case, some tour operators disguise their holidays as packages when in fact they are not. To find out whether you are covered by the regulations, please contact our office on 01625 253 020 and speak to member of the Sickholiday team.
Also keep in mind that holiday brochures and websites must be true representations of the services or products provided by the tour operator. In other words, you should get exactly what you pay for and the company has a legal obligation to provide you with the holiday you were promised.
Cases like this have to be brought forward usually within 3 years from the date of the accident or illness. There are however different time limits for cruise ships, children and complaints brought forward relating to the quality of holiday. For example, anyone under the age of 18 affected by such events has 3 years from their 18th birthday to bring a case forward. However, a parent or guardian can act as a litigation friend making decisions in the child’s best interests up until their 18th birthday.
* Charges may apply. See here for details.