It is the time of year which we all look forward too. We are taking annual leave and preparing for our annual summer holidays. However, for some individuals, their annual summer holiday can take an unexpected turn and soon becomes your Holiday from Hell.
The Package Travel and Linked Travel Arrangement Regulations 2018 apply to holidays after 1 July 2018. The Regulations provide holidaymakers on package holidays and linked travel arrangements a remedy for those who suffer from injury or sickness whilst on holiday.
Awards for travel sickness can vary greatly depending on the severity of the illness. It is important to remember those who suffer from food poisoning whilst on holiday are entitled to claim compensation. At Jackson Boyd, we have experience in dealing with claims such as these, and have set out below a guide to travel sickness and illness on holiday claims.
The starting point, as with any case, is the act or omission that caused the illness. Important factors that require to be considered include:
What particular food caused the illness?
How the food was contaminated?
Where did you eat prior to the illness beginning?
Did staff at the hotel act within proper hygiene rules when preparing food;
Were others in your party, or other parties at the hotel suffering from the same illness?
Once you can identify the probable cause of the illness, the next stage of the investigation is to establish what steps were taken after discovering the illness:
Was this reported to the hotel or with the staff?
What steps were taken by the hotel or staff after the illness was reported?
What treatment did you require? Did you attend hospital while abroad, a doctor, a pharmacy or a chemist? Receipts and prescriptions are also of use in showing the treatment that you received while suffering.
Travel operators will normally argue “medical causation” as a defence. In short, this means the illness complained of was caused by something other than the food. Eating outside of the hotel or swimming in a pool or in the sea are prime examples of this.
If there is a claim against the operator, we would instruct a medical expert to meet with you and to prepare a report on the extent of your illness and the link between the food eaten, issues complained of and any other potential contributing factors.
If you have suffered an illness on holiday and wish to discuss matters with us further please contact us online by clicking here or speak to a member of our specialist team on 0333 222 1855