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The Rain in Spain doesn’t fall exclusively on the plane

By on May 8, 2016

Spain has long been the most popular holiday destination for us Brits. In 2014 there were over 12 million UK visitors to the region; but many do not understand the countries strict “one-year time limit” for non-package tourists when they have an accident or become ill overseas.

Holiday sickness

Brits holidaying in Spain are being caught out by compensation rules of a year when they do not purchase a full package holiday from their provider.

This is in stark contrast to 3 years in the UK and a whopping 10 years in France.

However, unlike with non-package holidays, purchasers of Package Holidays are protected under The Package Travel, Package Holidays and Package Tours Regulations 1992. This law did not protect the rising number of people purchasing holidays from direct booking sites such as, On the Beach, Love Holidays and Teletext Holidays.

If a person purchases their flight and accommodation with a travel agent who ‘behind the scenes’ books them separately, previously they would not be covered. The laws around this have changed in December 2015 but may take a while to become effective.


A spokesman for the Foreign Office said: ‘Wherever you’re going, it’s important to prepare before you go. Stay healthy and safe abroad by taking some simple precautions.

‘Plan your trip using our foreign travel checklist, learn about the laws, customs and entry requirements of the country you’re visiting using our foreign travel advice and make sure you have the right travel insurance (and your free European Health Insurance Card if you’re travelling in Europe).’

What Constitutes a Package Holiday?


Regulation 2(1) of the Package Travel Regulations provides that a package means the pre-arranged combination of at least two of the following components:

  • transport
  • accommodation
  • other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package

The Package Travel Regulations also apply to packages which are not holidays such as, business trips, conferences, educational holidays and school trips etc.

Package holidays could also include holidays where the accommodation and the flights are supplied by two different suppliers, but organised or put together by a separate person such as a holiday broker.

When a Packaged Holiday is not a Packaged Holiday?


Today it’s becoming more common to offer holidays that are not packages. They may seem to be the same, as they include flights and accommodation, but care must be taken by the agent as to how they’re described.

A holiday will not necessarily be a package if it’s made quite clear to you that there are two separate contracts, one with the airline and one with the accommodation provider.

Phrases used by providers when describing non-package holiday are such as ‘dynamic packaging‘, ‘tailor-made holiday‘ or ‘flight plus hotel deal‘, these holidays may not be packages. Always check with your provider.


It is important to check this, it could cost you dearly should you have a less than perfect vacation.

British consumers who suffer a Holiday Sickness caused by bad hygiene or food borne sickness attributed to food served by a hotel on an All Inclusive Packaged Holiday have protection under a Packaged Holiday that they do not have on a Flight-Plus sale or other fancy term for a non Packaged Holiday.

Have you suffered from Holiday Sickness whilst on a Package Holiday?

If you have suffered from Holiday Sickness whilst on an All Inclusive packaged holiday get in touch with a member of our team.  Holiday Sickness Claims will be happy to help you through the process of securing a No Win No Fee panel solicitor to represent your claim for Holiday Sickness and get the compensation you deserve.

Give us a call on 0161 740 4178 to see if you fit our panel solicitors criteria. It is a simple process and we will let you know if you are eligible, we don’t want to waste your time or ours.

If you can locate your booking confirmation and ATOL certificate that your travel agent or tour operator provided when you booked your holiday, usually sent to the lead passenger by email, this will speed up the process. If you booked in a store you would usually be provided these documents in paper format additionally. If you cannot locate a copy we can help.

For more information visit our website at www.holidaysicknessclaims.co.uk

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