Your Questions Answered
Our FAQs aim to answer any questions you may have about making a claim against your tour operator. If you have any other questions, please call us on 01924 601 112
Why choose us?
We are a Solicitors firm and not associated with any other agency, insurance company or firm.
Unlike a claims agency, we are qualified to directly issue legal proceedings to fight for compensation on your behalf if necessary.
The holiday sickness compensation process can be lengthy and complicated, but our expert solicitors are here to make it easy for you to get the compensation you deserve.
How do Sarah Waddington Solicitors get paid?
When you instruct us to work on your behalf we ask you to sign a Conditional Fee Agreement - a document designed for your peace of mind - stating that when we do win your claim, we will only ever take a fee of 25% of the compensation you are awarded. This is a fixed fee; it wont increase no matter how much work we have to do for you.
If you are not already insured with before the event insurance or ATE (After the Event Legal Expense Insurance), you will need to purchase this so that you don’t have to pay any legal costs to the other side. Purchasing ATE also means that you are insured in the unlikely event we do not win your claim, so if that happens, you won’t have to pay us a penny.
What happens if I change my mind about claiming?
You have the right to change your mind about claiming and can do so by contacting your lawyer and instructing them to stop working on your case. However, if you do change your mind about claiming before the case has been settled, you will be required to pay for the work that we have carried out on your behalf.
It’s important to be sure that you want to make a claim before you instruct us to start working on your case. If at any point you have any doubts or concerns about your claim you can contact your dedicated lawyer, who will be able to provide you with all the information and advice you need for peace of mind.
How much time do I have to make a claim?
You have up to three years from the date of the illness to make a claim for compensation. The time limit for children is slightly different in that they have three years from when they turn 18 (i.e. up until the day before their 21st birthday) to make a claim.
If you claim is not for a package holiday at an all-inclusive resort or with a UK tour operator, your limitation period may be different (as little as 12 months) as it will be subject to that countrys law.
Can I make a claim for an illness in any country?
Yes! If you fell ill whilst on holiday and it was the hotels fault, you could be able to claim, no matter what country you were staying in.
Some of the more popular locations we have dealt with are Egypt, Dominican Republic, Cuba, Tunisia, Turkey, Spain and Mexico.
If you were staying at an all-inclusive on a package holiday, and booked through a UK tour operator, we should be able to help you claim compensation for your holiday illness.
Is it only all-inclusive resorts you can claim against?
Not necessarily. You could still make a claim as long as there is evidence that a particular company was at fault. However, it is much easier to argue that the infection was contracted at an all-inclusive resort where a holidaymaker has only been consuming the food and drink at the hotel.
If you became sick on a holiday where you were eating and drinking at a number of different establishments, it’s much harder to prove who was at fault so in most cases you would need to be on an all-inclusive package holiday
Do I have to be on a package holiday to be able to make a holiday sickness claim?
In order to be able to claim for holiday sickness, your sickness must have been caused by the hotel or tour operator so your holiday must be a package holiday. A package holiday can be described as ‘a holiday organized by a travel agent, with arrangements for transport, accommodation, etc., made at an inclusive price’.
Our expert holiday illness legal team can advise you on the eligibility of your claim, on a no win, no fee basis.
How do I know if I’m eligible to make a claim for holiday sickness?
In order to be able to claim for holiday sickness, your sickness must have been caused by the hotel or tour operator. Because of this, it’s much easier to claim for sickness on package holidays to all-inclusive destinations (including cruise ships).
Generally speaking you need to have been ill for a week or more. If you have records of visiting a doctor or even being hospitalised, this will help with your claim. However, if you did not seek medical attention but experienced one or more symptoms of holiday sickness you could still be entitled to compensation.
What is a package holiday?
A package holiday is a trip abroad organised by a travel agent (whether that agent is online or a person.)
A package holiday will include arrangements for transport and accommodation (e.g. flights, transfers and a hotel), made at an inclusive price.
To be classified as a package holiday your trip must have included at least 2 of the following components:
- Transport (e.g. flights, trains, coaches and ferries. Please note that free transfers from the airport to a hotel are not included).
- Accommodation (e.g. hotel or a berth on a cruise ship).
- Other tourist services that form a significant proportion of the package (e.g. car hire).
- The holiday must have been sold at an inclusive price.
What are the changes to EU law affecting Package Holidays from January 2018?
As of the 1st January 2018 the new Package Travel Directive (2015/2302/EU) will be applicable. These changes will give holiday-makers extra holiday protection.
The new Directive will now apply to 3 forms of travel combinations, these are:
- Pre-arranged packages - This is your typical package holiday. Ready-made holidays from a tour operator made up of at least 2 elements: transport, accommodation or other services, e.g. car hire. You can read more about this in the question above.
- Customised Packages - A selection of components for the same trip, booked by the traveller and bought from a single business, online or offline. In short, this will allow the traveller to create a unique bespoke package holiday, and still be covered under EU regulations
- Linked Travel Arrangements - This will include looser combinations of travel services. For example, if the traveller books a flight from one website, and then they receive a confirmation email which includes an advert for a hotel offer. If the second hotel booking is booked within 24 hours this will be covered by the EU regulation. In these cases the traveller should be informed that they are not being offered a package holiday, instead, their pre-payments will be protected.
Customers must receive understandable information on the package and should be informed of the protection they benefit from under the new package holiday rules.