Holiday Sickness FAQs

Your Questions Answered

Our FAQs aim to answer any questions you may have about making a claim against your tour operator. If you have any other questions, please call us on 01924 675 039

To start your claim fill in the form on the right, or click here

1Why choose us?

We are a Solicitors firm and not associated with any other agency, insurance company or firm.

Unlike a claims agency, we are qualified to directly issue legal proceedings to fight for compensation on your behalf if necessary.

The holiday sickness compensation process can be lengthy and complicated, but our expert solicitors are here to make it easy for you to get the compensation you deserve.

2How do Sarah Waddington Solicitors get paid?

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.

3What happens if I change my mind about claiming?

You have the right to change your mind about claiming and can do so by contacting your lawyer and instructing them to stop working on your case. However, if you do change your mind about claiming before the case has been settled, you will be required 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 any 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.

4How much time do I have to make a claim?

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 you 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.

5Can I make a claim for an 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, no matter what country you were staying in.

Some of the more popular locations we have dealt with are Egypt, Dominican Republic, Cuba, Tunisia, Turkey, Spain and Mexico.

If you were staying at an all-inclusive on a package holiday, and booked through a UK tour operator, we should be able to help you claim compensation for your holiday illness.

6Is it only all-inclusive resorts you can claim against?

Not always! As long as there is evidence that a particular company was at fault you can still make a claim.

If you become sick on holiday where you were eating and drinking at a number of different establishments, it can be more difficult to prove who was at fault. But our team can advise you on whether or not you could be able to make a claim.

7Do I have to be on a package holiday to be able to make a holiday sickness claim?

We can make a direct claim against the individual hotel, business, company or person that was at fault, however this will depend on the law of the country you were in. Therefore the outcome will vary on a case-by-case basis.

Our expert holiday illness legal team can advise you on the eligibility of your claim, on a no win, no fee basis.

8How 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.

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