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Monthly Archives: April 2017

Holiday Sickness Claims and Package Travel Regulations

If you or anyone in your travel group was made ill on your holiday, whether through food poisoning or some other infection you may be able to claim for your injuries, any financial losses and your spoiled holiday.

Your holiday has to be a package holiday under the Package Travel, Package Holidays and Package Tours Regulations 1992 (the Package Travel Regulations).

This means you have to book at least 2 components in a pre-arranged transaction at an inclusive price.  Some travel agents will try and price and sell these separately to avoid the regulations applying.  The components are:

  1.  transport;
  2. accommodation;
  3. other service (not associated with transport or accommodation) accounting for a significant proportion of your holiday, this could be something like a sports add on (golf, sailing, tennis etc); car hire (other than connection between the airport and hotel).

Whether your holiday is a package or not is determined by reference to the Regulations and so can be quite complex and open to legal argument.  If you have any queries call Nick for assistance.  It is helpful to know how the various components of the holiday were offered or advertised in the marketing material and how they were priced, whether separately or together as an all inclusive figure.

A traditional package would be flights, hotel and transfer from airport to hotel offered together for an all inclusive price.  It gets more complicated when you buy the various parts of your holiday online.  A cruise is likely to be a package so if you have been ill on a cruise ship you may be entitled to ship food poinoning

If you have been ill on holiday you should try and report it to your rep on holiday or a doctor at the hotel or to the hotel itself.  If the sickness is serious you are likely to have done this.

If you have returned to the UK you would be best served visiting your GP to report your illness and symptoms.  In any case, keeping a diary of sickness symptoms would help in demonstrating your sickness and the severity of it.  This would also be used to help instruct a medical expert to confirm the sickness and in valuing any compensation.

We can pursue these claims for you on a no win no fee basis.  We are senior solicitors and will deal with your claim personally not sell it on.  Call Nick on 01925 759 510.

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Directors: Victoria Jane Carr LLB (Hons). Nicholas John Bettridge LLB (Hons).
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