These are probably our most common sort of Holiday Claims. Inevitably, in cases where the family have suffered from food poisoning, ear infections or other illnesses, everyone’s holiday has been ruined either having the illness or looking after and caring for the family members who have the illness. The symptoms of food poisoning or other similar illnesses can be very distressing, especially when you are away from home or if you have to sit on a plane for any length of time. It can also mean that excursions that have been pre-booked have to be cancelled or activities that were the reason for the trip such as diving have had to be cut short.
For a food poisoning claim to be successful, you should be able to show that you have only eaten at the hotel in question prior to the illness. This is more difficult if your holiday has not been booked as an all-inclusive holiday. For other illness claims, we must be able to show that the hotel’s cleaning and inspection regime fell below the local standard.
It would be beneficial if you reported the illness to the Tour Rep or the Hotel but this is not crucial to the claim. The more evidence you have of the illness the better. The evidence can come in the form of being seen by the hotel Doctor/hospital, photos of the medication you bought whilst abroad, time off work upon your return to the UK or evidence of cancelled excursions. The claim will also take into account the loss of enjoyment of your holiday the level of which will vary depending on a number of factors including what day of the holiday you got the illness, the severity of the illness and whether or not the holiday was for a special occasion.
Claims for illness will be made against the Tour Operator for failing to use reasonable skill and care when sending you to their chosen resort. These claims can only be brought where the holiday was booked as a package.
Here at Amanda Cunliffe Solicitors we believe that you should rightly expect a holiday free from illness and should be able to enjoy your break to its fullest. We can represent you to ensure that you receive the compensation that you are entitled to in the most efficient way possible.