Questions About Claiming
Can I still claim compensation if I didn’t have travel insurance?
Yes, you can still make a claim for holiday sickness or an accident abroad if you did not have travel insurance.
When you book a package holiday through a UK tour operator, your trip is covered by The Package Travel, Package Holidays and Package Tour Regulations 1992, meaning your holiday is protected by British legislation. The regulations cover things like the transport, accommodation and, more importantly if you have contracted food poisoning, the food provided by your hotel whilst you are away.
If you do not have an existing travel insurance policy that provides full cover of your legal expenses, we will require you to take out ‘after the event legal expense insurance’ (ATE) to ensure that we can offer you a no-win no-fee service.
Can I still claim if I booked a package holiday through a non-UK tour operator?
Normally we would advise that you need to have booked a package holiday through a UK tour operator to make a claim, but this does not always have to be the case.
The eligibility of a claim can vary from country to country, so the best thing to do if you’re in this situation is contact a member of our holiday claim legal team for expert advice.
Do I need to get any information whilst I’m still on holiday to back up my claim?
You don’t necessarily have to gather any information whilst you’re still on holiday but there are a number of steps you can take to give yourself the best possible chance of making a successful compensation claim for holiday illness. These include:
1. Reporting the incident whilst you are still at the resort. You can either report your illness to your holiday rep or contact your tour operator’s head office directly via phone or email.
2. Keeping records of the medical treatment you received abroad (if any).
3. Keeping a record of any communication that you have, either with the tour operator or your holiday rep. Be wary of accepting any form of compensation offered to you there and then as this could affect your position when trying to make a holiday sickness claim back in the UK.
4. Taking photographs of anything you think could support your claim such as food left uncovered, unhygienic work surfaces, poorly maintained facilities or dirty restaurant facilities.
5. Making a note of the contact details of anyone else you meet anyone in your hotel who has suffered similar symptoms or injuries to you.
6. Keeping receipts for any out of pocket expenses incurred as a result of your illness or injury such as missed excursions or medication purchased.
7. Saving any packets of medication prescribed to you by a doctor or pharmacist abroad.
8. Writing a diary of your symptoms so that you have a record of how your illness progressed during your holiday.
Do I need to go to see my GP once I’m back in the UK?
If you suffered food poisoning or any kind of illness whilst you were on holiday, it is important that you visit your GP as soon as you return from holiday if you are still experiencing symptoms.
Attending an appointment with your doctor will mean we have a dated record of your visit and provide us with a diagnosis, which we can use to support your holiday sickness compensation claim.
However, if you are no longer experiencing the symptoms of your illness, there is normally no need to visit your GP.
Can I claim for other people in my family?
You can only claim for family members over the age of 18 they provide us with their own instructions, telling us directly that they’re happy for you to claim on their behalf. Anyone in your family who fell ill or had an accident on holiday is entitled to make a claim; we normally advise that they do so for themselves rather than appointing another family member.
If a member of your family is over 18 but lacks the mental capacity to manage their own court cases you will have to become their ‘litigation friend’ in order to make a claim for them.
This means that you would be accepting the responsibilities of; doing everything possible to keep them informed about what is happening in the case, finding out their wishes, discussing matters with the solicitor and paying any costs ordered by the court. In the unlikely event that there was a court hearing, you would need to attend in place of your relative.
Can I claim on behalf of a child?
Yes. If the claim is on behalf of a child under the age of 18 an adult will need to be appointed as their ‘litigation friend’.
A litigation friend can be:
- A parent or guardian
- A family member or friend
- A solicitor
- A professional advocate
- Someone who has a lasting or enduring Power of Attorney
A litigation friend will act in the other child’s best interests, do everything possible to keep them informed about what is happening in the case, find out their wishes, discuss matters with the solicitor and pay any costs ordered by the court. If there is a court hearing, the litigation friend will have to attend.
Although adults only have three years to claim for an illness, sickness or an accident on an all-inclusive package holiday, the time limit for children is different. A child has three years to claim from the day they turn 18 (i.e. up until their 21st birthday), so if you are not happy to act as a litigant person it should still possible for the child to claim later on when they reach adulthood
I already had a pre-existing condition but the accident / illness made it worse, can I still claim?
Yes. It doesn’t matter that you had a pre-existing condition; if the accident or illness has made it worse you can claim for the additional pain and suffering that has occurred, including any other losses.
Can you take over a case from my current solicitors?
Yes. If for whatever reason you are dissatisfied with the service you are receiving from another law firm, we can normally take over your case for you. However this does depend on the exact circumstances around your case and the stage it is currently at in the claims process.
If you are thinking about putting your existing claim in your hands you can always call us on 01625 415 800 for impartial advice as to whether this would be the best option for you. Our advice is free, confidential and you are under no obligation.
Holiday Sickness FAQs
Can I claim compensation for food poisoning on holiday?
Yes, if you are travelling on an all-inclusive holiday that you booked through a UK tour operator, you could claim compensation for food poisoning and other forms of holiday sickness.
Whether you experienced norovirus at an all-inclusive hotel or contracted salmonella from food on-board a cruise ship, if you have experienced a stomach upset on holiday you may be entitled to claim compensation from your tour operator or hotel.
When you book a package holiday through a UK tour operator, your trip is covered by The Package Travel, Package Holidays and Package Tour Regulations 1992, meaning your holiday is protected by British legislation. The regulations cover things like the transport, accommodation and, more importantly if you have contracted food poisoning, the food provided by your hotel whilst you are away.
The regulations allow consumers to make a claim if the holiday provider has shown a lack of reasonable care and skill in the supply of your holiday. For example, you could make a compensation claim if poor hygiene standards in your hotel restaurant led you get food poisoning from contaminated food.
Can I claim if I was ill on holiday or had an accident abroad several years ago?
Compensation claims for travel illness and holiday sickness fall under the ‘Personal Injury’ area of law. As such, 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 your 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 country’s law.
Can I make a claim for illness in any country?
Yes. If you fell ill whilst on holiday and it was the hotel’s fault, you could be able to claim – regardless of the country in which you were staying.
Some of the most common countries where we see travellers struck down by illnesses such as e-coli, gastroenteritis, salmonella and campylobacter are Egypt, Dominican Republic, Cuba, Tunisia, Turkey, Spain and Mexico.
It does not matter where you were travelling, if you were staying at an all-inclusive hotel on a package holiday booked through a UK tour operator then we should be able to help you claim compensation for your holiday illness.
Do I have to be staying in an all-inclusive resort to be able to make a holiday sickness claim?
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 but our specialist holiday claim lawyers can advise you on whether or not you could be able to make a claim depending on the particular circumstances surrounding your illness.
Do I have to have to be on a package holiday to be able to make a holiday sickness claim?
It is possible to make a holiday sickness claim when you were not on a package holiday but this will involve making a direct claim against the hotel, business, company or person that was at fault.
In a situation like this the law of the country you were holidaying in would apply, so the outcome can vary greatly on a case-by-case basis.
Our expert holiday claim legal advisors are on hand to advise you on the eligibility of your claim when you suffered from sickness on a holiday that was not part of a package deal.
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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.
It’s always worth contacting one of our expert holiday claim legal advisors for free advice as to whether or not we would be able to recover compensation for you based on the circumstances surrounding your case.
How long does it take to make a holiday sickness compensation claim?
How long your claim for holiday illness will take to settle very much depends on your individual case.
When making a claim for an illness or injury that happened outside of the UK, it is common practice to give the other side up to six months to fully investigate and respond to the claim.
In straightforward cases where the other side admits liability and agrees that they were at fault, you can expect to wait between 9 – 18 months (or less in some cases) from the day you instruct us for your case to settle. However for more complicated cases and more serious illness or injury, this could take longer.
How much compensation can I claim if I get ill on holiday?
Compensation for holiday illness is calculated in the same way as for other types of personal injury. Whilst the final amount of compensation that you receive will depend upon the specific nature of your holiday illness, it is possible to give a guide to average compensation amounts.
How much compensation you receive for your holiday sickness claim will be calculated according to the figures set out in the Judicial College guidelines for the assessment of general damages:
Mild food poisoning
If you suffered from mild food poisoning on holiday, involving stomach pain, cramps and diarrhoea which lasted for several days or weeks, your case is likely to settle for something in the region of £737 – £3,190.
Food poisoning requiring hospital treatment
If you had to be admitted to hospital for a few days because of discomfort, stomach cramps, affected bowel function and fatigue you could be entitled to £3,190 to £7,700.
In this case the major symptoms would have lasted for a few weeks but you will have fully recovered within a year or two.
Illness/damage resulting from food poisoning
Depending on the long lasting effects of the food poisoning, you could be entitled to £4,730 to £15,500.
Some serious cases of food poisoning can lead to you becoming allergic to certain foods whilst some go on to permanently effect your quality of life; your compensation amount will be worked out based on the severity of the situation.
Serious but short-lived food poisoning
For serious food poisoning, diarrhoea and vomiting that goes away after 2-4 weeks. This type of food poisoning will have left remaining discomfort, impacted upon your sex life, affected your bowel function and affected your enjoyment of food.
If these symptoms go away in a few years you could be entitled to £7,700 to £15,500.
If the symptoms have not gone away after a few years and appear to be permanent you could be awarded £31,075 – £42,460.
Severe toxicosis
If you suffer from severe toxicosis causing acute pain, vomiting, diarrhoea and fever that leads to you being in hospital for days or weeks, as well as continuing incontinence, haemorrhoids and irritable bowel syndrome, you could be entitled to £31,075 – £42, 460 compensation.
This amount of compensation is recoverable when your illness has had a significant impact on your enjoyment if life and your ability to work
How serious does my illness on holiday have to have been for me to get compensation?
Your illness does not have to be serious in order for you to claim compensation; symptoms lasting for a week or more can attract compensation for hundreds of pounds. In fact, the Judicial College Guidelines state that:
‘Varying degrees of disabling pain, cramps and diarrhoea continuing for some days or weeks will attract an award of between £737-£3190.’
If your illness is more serious than this, you could be entitled to significantly more compensation.
How will you prove my holiday illness was the hotel / cruise ships fault?
We will ask you to provide as much information as you have about the conditions and practices at your accommodation. You do not have to gather information whilst you are on holiday but if you have managed to collect any we will present this as evidence that conditions and practices at the accommodation were the cause of your illness.
If necessary, a detailed witness statement will be taken from you and any other witnesses who can give evidence in relation to the practices in the hotel. The statement will also cover the symptoms you experienced and any treatment you might have received. Again, if necessary, a specialist medical report will be obtained that diagnoses your illness and its likely source; this report would also be used to support your claim.
It may be that your claim is straightforward, with plenty of evidence pointing to the source of your illness. However, if your case is more complicated, you can rest assured that we will not increase our fees as a result of having to put more work into recovering your compensation; our fees are capped at 25% of the amount of compensation you are awarded and we work on a no-win no-fee basis.
What kinds of holiday sickness and travel illnesses can I claim for?
You can claim for any sickness or illness you get on holiday as long as it was the hotel or tour operator’s fault that you contracted it.
If you have fallen ill with gastroenteritis in Egypt, contracted salmonella in Dominican Republic, or were struck down with norovirus in Cuba, contact us here at Bott and Co to see if you could be entitled to claim compensation. If you have suffered sickness and diarrhoea on an All-Inclusive holiday, you too could be entitled to make a claim against the tour operator or hotel.
The most common causes of holiday sickness and travel illness that we see amongst our clients include:
- Norovirus
- Gastroenteritis
- Salmonella
- Campylobacter
- Cryptosporidium
- E-coli
What symptoms do I need to have had to be able to claim?
Holiday illness and sickness can manifest itself in many different ways but common symptoms include:
- Stomach cramps
- Diarrhoea
- Nausea
- Vomiting
- Nosebleeds
- Blurred vision
- High temperature
- Fatigue
- Constipation
If you suffered one or more of these symptoms on holiday and it was the fault of the hotel or tour operator, you could be entitled to make a claim. If you have experienced any symptoms not listed above, you could still have a viable claim; there are many kinds of illness you can contract abroad and they all have their own manifestations.
If in doubt you can always contact Bott and Co for free advice on whether or not you are entitled to make a claim based on the circumstances surrounding your illness and the symptoms you experienced.
Holiday Accident Claims FAQs
Can I claim compensation if I have an accident on holiday?
Yes, in most cases you are able to claim financial compensation for personal injuries sustained from accidents on holiday that weren’t your fault, regardless of the country in which they occurred. Common compensation claims for accidents on holiday include slips and trips around the swimming pool, being injured during organised excursions, injuries caused by poor maintenance of hotel facilities and falling from balconies.
If your holiday accident is found to be the fault of your hotel or tour operator then The Package Holiday Regulations 1992 allow you to make a claim for compensation.
The Regulations state that the injured party may claim compensation if there is evidence that the tour operator has shown a lack of reasonable care and skill in the supply of your holiday, including the standard of accommodation, hotel facilities and transport provided as part of your package holiday. It is important to note that the details of your claim will be considered in relation to the reasonable standards of skill and care expected in the country where the accident occurred – and not in comparison with UK standards.
Depending on the exact circumstances surrounding your accident you can claim against the holiday company under English law, or alternatively against the person responsible under the law of the country where the accident helped.
How much compensation can I claim if I have an accident abroad?
The amount of compensation you can claim for accidents whilst on holiday abroad is calculated in much the same way as other personal injury claims in the UK. That is to say the amount that you claim is settled for will be decided according to the figures set out in the Judicial College guidelines for the assessment of general damages.
The final amount of compensation that you receive will depend on the severity of your injuries, how long your symptoms lasted and how, if at all, the accident has affected/will continue to affect your daily life. As an approximate guide, you can expect to claim between £1,000 and £3,000 for an injury sustained whilst travelling by plane or on-board a ferry or cruise ship.
If you had an accident abroad where you were not on a package holiday, you may have to claim directly against a hotel, business or company and as such your claim amount will be affected by the law of that country rather than the law in England and Wales.
For more information on how much you could expect to claim for an accident abroad please contact one of our specialist Holiday Claim Legal Advisors.
How much compensation can I claim if I’ve had an accident on a plane or boat?
If you have an accident on a plane or a boat on your way to or from holiday, the amount of compensation that you will be able to claim will be calculated in the same way as for other types of personal injury claims.
Your no-win no-fee solicitor will refer to what are called the Judicial College guidelines for the assessment of general damages.
The damages you are entitled to from an accident on a plane will be calculated by reference to the Montreal Convention 1999 and the damages for an accident on a cruise ship will be calculated by reference to the Athens Convention 1974.
How do I know if I’m eligible to make a claim for an accident abroad?
If you’ve suffered from an accident that was the fault of either the hotel or tour operator on a package holiday, you could be entitled to compensation.
You are eligible to make a claim if there is evidence that your accident was caused by a lack of reasonable care and skill in the supply of your holiday. This can include: the standard of the accommodation, hotel facilities and any transport provided.
Much like in the UK, the types of accidents you can have abroad are limitless, but holiday related injuries are often caused by:
- Slips trips or falls around the pool or in the hotel
- Faulty equipment / facilities
- Incidents during an excursion organised by your tour operator
- Falling from a balcony
- Accidents on the road (where transportation was arranged by your tour operator)
- Accidents on a plane (e.g. where something has fallen from the overhead storage and injured you)
- Accidents on a cruise ship
Can I claim compensation for an accident on-board an aircraft, ferry or cruise ship?
Yes. There are two laws which provide protection for people who are injured following an accident whilst travelling on board an aircraft, ferry or cruise ship.
If you have been injured whilst travelling by sea, on a cruise ship or ferry for example, you may be able to make a claim for compensation under The Athens Convention 1974. If you are injured boarding, disembarking or whilst flying on-board an aircraft, you will be able to make a compensation claim under The Montréal Convention 1999.
If you have had an accident whilst travelling by sea or by air then contact one of our specialist no-win no-fee lawyers who will be able to advise you on your right to claim compensation for the injuries you have sustained.
The Claims Process
What happens after I instruct you to claim on my behalf?
Once we’ve received a copy of our signed Terms and Conditions we will contact you by email and telephone to ensure that we have all the information we need to present your claim to the Defendant (the other side).
We will prepare a formal ‘letter of claim’ and send it to you for your approval before sending it to the Defendant.
The other side then has 42 days in which to acknowledge the letter and another period of 6 months to investigate your claim.
They will then provide us with an answer as to whether or not they accept that are liable to pay you compensation. You will be kept informed throughout this process and when we receive their reply, we will guide you through the next steps depending on the response.
What do I have to do during the claims process?
Very little. We’ll let you know the information we’ll need from you at the start of the claim, so all you’ll have to do is attend the relevant medical assessments and rehabilitation sessions that we may set up for you if necessary.
If we need any more details from you as your claim develops, we’ll let you know by telephone or email. It is extremely rare for a claimant to have to appear in court for a holiday illness or accident claim; if your case does go to Court we will represent you so you don’t have to attend.
Will my details be kept confidential at all times?
As a law firm we’re not allowed to disclose any of your details without your permission; it’s a duty of confidentiality and we’re legally bound by it.
You can rest assured that the only people who will have access to your details will be our solicitors and qualified support staff; we’ll never sell any of your personal details to a third party and we will always take the greatest care of any sensitive information you might pass on
Will I have to have a medical?
You will only have to have a medical examination if you are still suffering from ongoing symptoms when you come to us to make a claim.
If you have been ill for an extended period of time this could indicate a more serious illness; we will need a medical expert to diagnose these symptoms in order to recover the maximum amount of compensation you are entitled to.
Do you look into my entire medical history?
In most cases we don’t need to look at your entire medical history but in some circumstances, where a case is particularly serious or complex, we may need to look into it as part of the assessment.
If we do have to look at your entire medial history you can rest assured that this information will be treated sensitively and with complete confidentiality; it will not be used for anything other than helping us to assess the right amount of compensation for your illness or injury.
Will I have to fill out lots of paperwork?
We will need you to fill out a certain amount of paperwork but we do always try to keep this to a minimum and present it to you in a user-friendly format. The paperwork you fill in will help us to be sure that we have all the information we need to recover the maximum compensation you’re entitled to.
If there is anything about these documents that you are unsure about, your solicitor will be on hand to give you all the advice you need for you to fill them out correctly.
Will I have to come to your offices?
It is extremely unusual for a client to have to come to our offices; the overwhelming majority of cases can be carried out by telephone, email and post.
If yours is a particularly serious case however, we may send a solicitor to visit you at your home or in hospital, to discuss things with you in more detail.
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 us and instructing us to stop working on your case. You have 14 days in which to do this.
However, if you do change your mind about claiming after those 14 days have passed, we will ask you 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 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.
Are there any cancellation fees if I change my mind?
Whilst we won’t charge you a cancellation fee if you change your mind, you will be liable to pay for any work that we have done for you from when you first instructed us to start working on your claim. You have 14 days to change your mind from the day you instruct us to start working on your case; if you do cancel your claim within that period you won’t have to pay any fees.
We won’t start work without your permission, but any work that we do for you from that point will be payable if you change your mind about going through with your claim.
Remember that if your claim is unsuccessful, you don’t pay us a penny, so you have nothing to lose financially by continuing with your claim once the process has begun.
Who We Are
Who are Bott and Co?
Bott and Co is a multi-award-winning personal injury, holiday sickness and flight delay compensation specialist law firm.
We have over 14 years’ experience and a 99% success rate in getting people like you the maximum compensation you deserve, recovering more than £28million in compensation each year. Our friendly, professional and efficient practices mean that 98% of our clients would recommend us to a friend.
Our director David Bott is a Past President of the Association of Personal Injury Lawyers (APIL) who leads a staff of passionate Bott and Co legal professionals standing up for the rights of injured people in the UK.
Is Bott and Co a solicitor firm or a claims management company?
Bott and Co are a solicitor firm, not a claims management company. Because we are a law firm we have greater powers to secure the maximum compensation you deserve.
We’re regulated by the Solicitors Regulation Authority (SRA), so you can be sure of a high-quality, reliable service at all times.
What’s the difference between a claims management company and a solicitor firm?
A claims management company is effectively a middle man; they can handle the administrative aspects of your claim but if legal action needs to be taken, they do not have the power to take your claim further on their own. If your case requires a court hearing they will have to instruct a solicitor on your behalf.
The difference is that when you come to Bott and Co with your claim, you will only have to deal with one company. When you first get in touch with us you will speak to a member of our friendly Client First Response Team (available 90 hours a week), who will provide you with all the information you need before passing you on to the best legal expert to handle your particular case.
As a law firm with over 14 years’ experience and a 99% success rate, we have the power to take your claim to court without ever having to pass your case on to another firm. We work on a fixed no-win no-fee basis, which means we’ll never charge you more than 25% of the compensation you are awarded, and in the unlikely event that we don’t win, we won’t charge you a penny.
How does Bott and Co get paid?
We win 99% of all of the claims we take on so if we have accepted yours, the odds are very much in your favour. So how much will our services cost you?
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 won’t 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.
How can I contact Bott and Co?
We’re open 7 days a week, from 8am to 9pm Monday to Friday, 9am to 5.30pm on Saturday, and 9.30am to 5pm on Sundays. A member of our award winning staff will always be available to take your call during those hours. You can also contact us through our website at any time with the options to complete a claim form or request a call back.