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Depending on its severity, an illness on holiday can be a bit of an inconvenience or even ruin the trip. But what if it is serious enough to continue to cause serious health problems when you return home?

Since 2016, nearly 200 Scots have been struck down with "cyclospara", a sickness bug, and eight more cases have been reported following trips to the resorts of Cancun and neighbouring Riveria Maya in Mexico. The bug is linked to contaminated water and food supplied to local hotels. Health Protection Scotland have warned holidaymakers about the outbreak and have urged anyone who feels sick to seek medical attention.

Some examples of common holiday illnesses include the following:

  • Salmonella
  • E-coli
  • Gastroenteritis
  • Norovirus
  • Bacterial infections
  • Legionnaires' Disease

Most common holiday illnesses are entirely avoidable if health and safety rules are complied with such as good food hygiene procedures. If you have become ill on holiday, you may be entitled to claim compensation. Our team are on hand to advise you every step of the way if you think you might have a claim.

The Law

A number of service providers have a duty of care to you as a customer. These include tour operators, hotels and restaurants. Claims for compensation can be made for a number of different conditions if any of these providers fail to ensure that the necessary steps have been taken to protect your health and safety.

If you booked a package holiday, you are protected by the Package Travel Regulations 1992. These regulations import a duty upon the tour operator to ensure that the services provided to you as part of the package holiday are supplied to a reasonable standard. 

If you did not book a package holiday, you may have a claim against the provider of the service in question, for example, the hotel. Pursuing this type of claim is more complex. This is because the laws of the country you visited will apply. The "reasonable standard".

If you did not book a package holiday, you may have a claim against the provider of the service in question, for example, the hotel. Pursuing this type of claim is more complex. This is because the laws of the country you visited will apply. The "reasonable standard" cam be significantly different compared to the UK and can vary considerably country to country. Our team will be able to fully advise you and take you through every step of the process. 

How much is my claim worth?

The amount of compensation you may be entitled to will depend upon several factors which include the following:-

  • the severity of your illness and how long it persisted after you got home
  • how your illness impacted on your enjoyment of the holiday
  • any additional expense you incurred such as flights to return home early
  • the cost of any additional treatment
  • whether there are any long-term effects and if this has an impact, for example, on your ability to work

Every case is different and will depend on its own facts and circumstances. Our team can fully advise you on the potential value of your case.

How long do I have to claim?

Generally speaking, a claim must be made within three years from the date of the illness. However, this time limit may not apply, if, for example the claim cannot be pursued under the Package Travel Regulations, or, if your illness occurred on a cruise holiday.

We always recommend that you contact a solicitor as soon as possible so that steps can be taken early on to protect your right to claim.

How we can help?

Our specialist team can assist with all types of holiday illness claims and will take the time to guide you through the process step by step.

If you have suffered from an illness abroad and think that you may have a claim, please contact us to discuss the matter on 0800 988 8082 or complete our online enquiry form and a member of our team will get back to you right away. 

 

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