HomeGuidesHoliday Sickness Claims – A Guide To Claiming Compensation
Tuesday 2nd August 2016
Claim With Confidence
Our solicitors have successfully recovered compensation from all of the major package holiday companies including Thomas Cook, Thomson, Tui, First Choice, Skytours, and Co-operative Travel.
Already complained to your holiday company, in dispute, or considering your legal options? Our quick and easy free claim consultation is the simplest way to find out if you have a legal right to compensation.
Read our guide below for more information on your claiming rights.
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Holiday Illness Claims – A Guide To Compensation
Below we share our tips and advice if you are looking to make a holiday sickness claim. Whether you were struck down with norovirus on a cruise, or suffered food poisoning on a package or all inclusive holiday, Bott & Co can help you with your claim every step of the way.
From your first chat with our customer service team, right through to one of our expert travel solicitors settling your claim, we are here to guide you through your travel compensation claim and secure you the best offer from the insurers. What’s more, our no-win no-fee agreement means there is zero financial risk to you when making a holiday claim with Bott & Co.
Our legal team consistently recovers more compensation more quickly than competitors, putting us in the top five law firms for revenue per lawyer according to The Lawyer’s UK200 ranking.
This means we are in the ideal position to help you with a holiday sickness or accident abroad claim.
I suffered an Illness or Injury on Holiday, Can I Claim?
Have you had a holiday horror story but you’re not sure if you can claim? Here at Bott & Co we hear of lots of holidays ruined by sickness or injuries with clients often coming to us asking “Can I claim?”
Can I claim compensation for food poisoning when on holiday?Bott & Co explain your rights when claiming for food poisoning when on holiday
That’s why we’ve created a dedicated team to help people like you recover the compensation you are entitled to following an illness or accident abroad that wasn’t your fault. Below we look at some of the most common holiday compensation claims we deal with:
Food Poisoning on Holiday
Outbreaks of food poisoning or norovirus in hotels or resorts or on cruise ships can often affect hundreds or thousands of people during their holiday. This is particularly true on board cruise ships or at all inclusive hotels and package holidays where guests are eating at buffet style restaurants. Stomach upsets in resorts in countries such as Egypt or Dominican Republic can lead to compensation payments from the tour operator or hotel.
What kinds of holiday sickness/illness can I claim compensation for?Bott & Co kinds of illness you can claim compensation for.
Slips & Trips on Holiday
Slips and trips around the swimming pool are another common cause of injury and again. If you or a member of your party has been injured as the result of an accident in/around your hotel, they could be eligible for compensation if the hotel or tour operator is held responsible.
Bedbugs on Holiday Claims
Bedbugs are one holiday souvenir you definitely don’t want to take home with you. If you book a package holiday and are unlucky enough to stay in a hotel with bedbugs, you may have a claim for compensation. We’ve won cases for clients who have complained to their tour operator about lasting blisters and scarring from bedbug bites on holiday.
What are my rights when making a claim for an illness abroad?
There are a number of different regulations which may help you when making a claim, depending on the particular nature of your accident or illness.
If you book a package holiday through a UK tour operator, most of the major parts of your trip will be covered by The Package Travel, Package Holidays and Package Tours Regulations 1992.
These regulations say that the tour operator is responsible for all the different parts of your package holiday. This means that your transport, accommodation and food whilst on holiday are all covered by British legislation.
To make a claim under the Package Holidays Regulations 1992, you have to be able to prove the tour operator showed a lack of reasonable care and skill in the supply of your holiday. The regulations say the expected standard of skill and care will be considered in relation to the reasonable standards in the country where the accident happened.
We have used this regulation to make successful claims for clients who have had complaints about food poisoning and bedbugs whilst on holiday.
For personal injuries sustained whilst in carriage by sea, for example on board a ferry, you can make a claim under The Athens Convention 1974. If however you sustain an injury from an accident whilst travelling by air, you will need to claim under The Montréal Convention 1999.
Making it easy for you
The last thing you probably want to do when getting back from a holiday is think about making a claim for compensation. We understand this can be stressful and frustrating so we have developed a simple and straightforward claims process to take all the pressure off you.
With one quick phone call or email to our legal team we can start the claim for you and begin working on securing your rightful compensation. Our experienced solicitors can recover the maximum possible compensation in the shortest possible time. Just see what other people are saying about our service
We were very pleased and impressed by the efficiency of this company who kept us informed at every stage of the process. Our claim was successful and we would certainly recommend Bott and Co to friends.
A Recent customer review from independent review company Feefo.
The Claims Process
How do I know if I have a claim?
The easiest way to find out for certain if you have a claim is to call our experienced legal team who can guide you through the process and take initial information in order to let you know how much your claim might be worth and how long it would take to complete.
How do I know if I am eligible to make a holiday illness compensation claim?Bott & Co discuss the eligibility of claims for holiday illness compensation
If we can take your claim on then we will work on a no-win no-fee basis which means that you don’t have to pay anything up front and if we weren’t successful then you won’t have to pay a penny.
How do I make a holiday claim?
We’re a law firm, not a claims company so you’re getting expert legal advice, qualified solicitors, and a firm with a proud and long track record in fighting on behalf of consumers.
We’re regularly mentioned in the press, and have appeared on the BBC, ITV, and in all the main print newspapers. We have helped more than 50,000 people and recovered tens of millions of pounds, winning numerous high profile awards along the way.
Our team can give you advice on your claim, such as whether you are entitled to compensation, how much your case is worth, and what is the best offer for you.
Call or email now to start your claim or to get free, no obligation advice.
How long will it take to make my holiday compensation claim?
How long it takes to settle your travel claim will depend on the individual circumstances of your case.
It is important to note that when making a claim for an illness or injury that happened outside of the UK, we have to give the other side six months to investigate and respond on the question of liability.
In a straightforward case where the other side admits they were at fault, around 12 months is the typical amount of time it takes to settle these types of case.
How much compensation will I get for my holiday sickness claim?
The amount you can claim will depend on the specific details of your case and the nature of your travel illness or injury.
Mild food poisoning on holiday involving stomach pain, cramps and diarrhoea continuing for several days would, on average, settle for between £700 and £3,000.
Contrast this with more severe case of food poisoning that leads to severe toxicosis causing serious acute pain, vomiting, diarrhoea and fever, requiring hospital admission.
If the food poisoning caused serious and continued conditions such as irritable bowel syndrome, and had a significant impact on your ability to work and enjoy life, your claim could see you receive a compensation payout of up to £40,000.
Similarly, if you had a bedbug claim against your tour operator, the typical compensation payout you could expect would depend on the extent and number of symptoms experienced. We would have to consider the length of time it took for the bites to heal and whether antibiotics or other prescription medication was required. For a simple case of bedbug bites, you could expect to claim around £1,000 compensation. If the experience also triggered a psychological reaction such as insomnia, flashbacks, or nightmares, this would be likely to increase your compensation entitlement to over £1,000.
No Win No Fee
At Bott & Co we take on holiday claims on a no win no fee basis.
Our no win no fee service, also known as a Conditional Fee Agreement (CFA), means we will work for you and in the rare instance your claim is not successful, you will not be charged. The great thing about this is that it means there’s absolutely no financial risk to you if you decide to make a compensation claim for holiday sickness.
Here at Bott & Co we will even arrange for After the Event (ATE) insurance on your behalf. This will cover any legal costs if you do not win your case. If you already have an existing legal expenses insurance policy, your travel insurance policy might include one for example, then you may not even need ATE insurance. We will listen to your individual circumstances and give advice on the best way to protect yourself against costs and recover the best possible compensation payout from the other side.
Making a holiday claim with Bott & Co comes with no financial risk to you whatsoever. We cover all the upfront costs, and if your case does go to court, we recover our costs from the other party. We are proud of our 99% success rate, but in the unlikely event that we are unsuccessful, you will not have to pay a penny thanks to our no-win no-fee guarantee.
Whether you’ve suffered food poisoning on a cruise ship, or contracted norovirus on a package holiday, our expert travel solicitors will know how to value your claim to get the best offer from the insurers. We work hard on your behalf to make the claims process quick and simple, so that your compensation amount is paid out as quickly as possible.
Want to make a holiday claim? Contact our specialist travel claim department today for a no obligation, free chat.
If you’re thinking about making a holiday claim, you’ll probably be wondering how much compensation you can get.
As with claims in the UK, the typical amount of compensation you can expect will depend on how serious your injuries are, the length of time they lasted, and the amount of treatment required.
Whatever your situation, our no win no fee service offers you the best deal for your settling your holiday claim. Let us talk you through the typical compensation amounts for some of the more common holiday claims that we deal with:
Average Compensation Amounts
Type Of Claim
Food Poisoning – Mild
£700 – £3,000
Food Poisoning – Moderate
£3,000 – £7,000
Food Poisoning – Severe
£7,000 – £40,000
For a better idea of how much you can get for your particular holiday claim, get in touch to chat with one of our legal advisors.
Types Of Holiday Claims & Recent Case Studies
Bedbugs on Holiday
The very mention of them is enough to make you itch, but bedbugs on holiday can be far more serious than just a minor annoyance.
Bedbugs, or Cimex lectularius to give them their proper name, are small blood-sucking insects that make their home in and around beds. Similar to mosquitos, they are attracted to body heat and carbon dioxide and crawl out of crevices in the bed to bite exposed skin.
Bedbug bites often cause a skin reaction, with red itchy bumps developing between one and nine days later. Whilst they can look similar to mosquito bites, bedbug bites tend to be in a straight line whereas mosquito bites are in a random pattern.
When Mr & Mrs B stayed in a hotel with bedbugs
Mr & Mrs B booked a two-week holiday to a hotel in mainland Europe holiday through a popular UK tour operator.
Just four days into their holiday the couple developed multiple bites and blisters all over their bodies.
After investigating the cause of the bites, they discovered their bed was infested with bedbugs. They also found out that the hotel management already knew about the bedbug problem.
Both Mr & Mrs B’s symptoms lasted several weeks, including discolouration of the skin where the bites and blisters had been.
What Bott & Co did for Mr & Mrs B
Mr & Mrs B got in touch with Bott & Co after they returned home.
We made a claim against the Tour Operator on behalf of the couple. We claimed for the personal injuries and associated losses caused by the hotel’s negligence, particularly the failings of the hotel’s housekeeping service – something which was an integral part of the hotel package sold to Mr & Mrs B.
Mr & Mrs B’s claims were successful. The Tour Operator settled both claims but did not admit liability. The couple were awarded compensation for the pain and suffering experienced as well as a full refund of the cost of their holiday.
What are your rights if you suffer from bedbugs on holiday?
If you suffer from bedbug bites on a package holiday, you may be protected by The Package Travel, Package Holidays and Package Tours Regulations 1992.
The Package Holiday Regulations 1992 say the Tour Operator is responsible for all the services that form part of the package sold to the customer. This law means that the main parts of your holiday, including transport, accommodation and food, are covered by British legislation.
To make a claim under this law you have to show there was a lack of reasonable care and skill in the supply of your holiday. It’s worth noting that the expected standard of skill and care will be considered in relation to the reasonable standards in the country where the accident happened.
Holiday Sickness Claims
Delhi-belly … the Egyptian Tummy bug … travellers’ tummy … There are lots of different names for an upset stomach abroad but the result is always the same: A ruined holiday!
Profuse diarrhoea, stomach cramps, vomiting, headaches and nausea are all classic symptoms of holiday food poisoning.
In most cases hotel guests get ill from re-heated meat dishes, seafood, dairy products, salads, or when food hasn’t been prepared properly. Large groups of hotel guests often get ill at the same time because they’ve all eaten from the same buffet, particularly on All Inclusive holidays.
Bacteria such as campylobacter, E.coli and salmonella are the most common causes of holiday sickness.
Symptoms usually start around 72 hours after eating contaminated food but the side effects can last longer – with dehydration sometimes leading to hospitalisation and serious complications.
The T family from Manchester jetted off with friends Benelmadena, Spain but were struck down with a sickness bug which ruined their holiday.
In March 2013, the T family joined friends for a stay in 4* hotel The Holiday Village in Spain, booked through Tour Operator Thomson. It wasn’t long until the first member of the party got ill with the sickness and diarrhoea bug.
Mr T explained: “As one member of the family recovered, another would contract the illness. As a family we never really had one day we could all go out due to the fact that one of us was ill. The whole holiday was spoilt.”
The entire party – nine people in total – contracted the illness, which caused vomiting and diarrhoea. The T family and their friends had to buy medication from a local chemist, totalling over €100.
Mr T said: “There were people literally vomiting in the food halls. Cleanliness was non-existent. It was only in the last few days of our holiday that there was hand gel at the entrance of the food halls. And this was supposed to be a four star hotel!”
What Bott & Co did for The T family
At the start of the claim, The Tour Operator (Thomson) told Bott & Co they would receive a response within 28 days.
Despite Bott & Co chasing Thomson with numerous phone calls, the tour operator failed to reply after two months.
Thomson then advised it takes six months to respond to claims.
Bott & Co informed Thomson they intended to issue an application for pre-action disclosure. At this point, the Tour Operator into making an offer of compensation to the family.
Bott & Co secured £3800 in compensation for the family’s pain, suffering and loss of enjoyment, as well as the associated costs.
What are your rights if you get food poisoning on holiday?
If you experience holiday sickness and you are travelling as part of a package holiday then you will be protected by The Package Travel, Package Holidays and Package Tours Regulations 1992.
These regulations cover people who have booked a package holiday and experience travel sickness: They say the tour operator is responsible for the ‘proper performance of obligations under contract’ which covers all main parts of the holiday.
As a package holiday customer, The Package Tours Regulations 1992 protect you if you have a holiday sickness claim, allowing you to claim compensation for any damage caused by the tour operator’s (or its suppliers’) failure to properly perform their contract.
Accidents on an Aeroplane Claim
Did you know there are laws to protect you against personal injury even when you’re flying high? Here at Bott & Co we have recovered compensation for lots of clients who have been injured whilst travelling on-board a plane.
We’ve helped clients with previous claims for accidents on an aircraft, including:
Tripping when boarding/leaving the aircraft
Injuries sustained during severe turbulence
Burns from hot liquid spilt onto a passenger from the drinks trolley
Injuries when an overhead locker was closed on a passenger’s head
What happened when Mr W was injured on a plane?
Mr W had his head trapped in an overhead locker whilst travelling on a plane.
After boarding the plane to fly home from holiday in Cyprus, Mr W was standing in the aisle waiting to be seated.
He was talking to a member of the cabin crew about his seating allocation when another member of crew, unseen by him, slammed the overhead locker door onto his head.
The impact from the crew member shutting the door caused Mr W injuries. As well as this, the incident made him stagger violently, causing further soft tissue damage in his neck.
What Bott & Co did for Mr W
Bott & Co took on Mr W claim. We represented him against the airline and worked to get him compensation for the injuries he suffered.
We were able to secure an admission of liability from the airline (ie they admitted the accident was their fault).
We also organised a specialist medical report to assess the nature and extent of Mr W injuries.
With this expert medical evidence, we were able to secure several thousand pounds in compensation for Mr W.
The Montréal Convention 1999 sets out the law for many aspects of travelling by air, including accidents whilst travelling on a plane.
Article 17 of the Montréal Convention lays out your rights if you suffer a personal injury on board an aircraft: It states that if a passenger is injured from an accident which happens whilst on board the plane, or whilst boarding/leaving the aircraft, the air carrier is liable for damages.
Accidents at Sea Claims
If you’ve found yourself ‘all at sea’ after an accident on board a ferry or cruise liner then Bott & Co can help. We are experienced in handling claims for accidents at sea and can help you get the compensation you deserve.
Ferry passenger Mr C was injured after he tripped and fell whilst at sea.
Mr C was travelling on a ferry from Bergen to Newcastle. Part-way through the journey, whilst still at sea, passengers were instructed to return to their vehicles.
Mr C did as instructed, however a number of motorcycles had parked close to his car. This meant it was difficult for him to get back into his vehicle. Despite the poor access, he attempted to get back into his car but whilst doing so, Mr C tripped and fell, sustaining injuries in the process.
What Bott & Co did for Mr C
Mr C chose Bott & Co to act for him in his claim against the ferry operator (a company based in Norway).
Firstly we secured an admission of liability from the ferry operator (ie they admitted the accident was their fault). We then commissioned a specialist medical examination to assess the nature and extent of Mr C’s injuries.
With this expert medical evidence, we were able to secure several thousand pounds of compensation for Mr C.
What are your rights if you have an accident at sea?
The Athens Convention 1974 is the Law that covers personal injuries sustained whilst in carriage by sea.
Mr C’s claim was pursued under Article 3 of this regulation.
Bott and Co Solicitors Ltd is a Private Limited Company registered in England and Wales with registration number 8615712. Registered office and principal place of business St Anns House, Parsonage Green , Wilmslow, Cheshire, SK9 1HG. Bott and Co Solicitors Ltd is authorised and regulated by the Solicitors Regulation Authority, SRA Number 605593. The professional rules of the SRA can be accessed at here. Bott and Co Solicitors Ltd is an alternative business structure regulated by the SRA. The shareholders of Bott and Co Solicitors Ltd have an interest in S & G Response Ltd and Physio2MeLtd (P2M). The shareholders of Bott and Co Solicitors Ltd and some of the employees of Bott and Co Solicitors Ltd have an interest in Pinpoint (Call Solutions)Limited. The interests in S & G Response Ltd, Physio2Me Ltd and Pinpoint (Call Solutions)Limited have no influence upon Bott and Co Solicitors Ltd's independence and integrity. If you have any queries please contact us for more information.
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