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The Criteria

By on March 25, 2016

Our panel solicitors will review each and every case on its own merits, but there is a basic criteria to cover points in law to make the claim have a valid basis and good prospects of success.

General principles we will look for will be:

All-inclusive Packaged Holiday

Your holiday must be all inclusive where all food and drink is provided by the hotel and included in the overall cost of your holiday. A packaged holiday is where 2 or more parts of the holiday were booked together, however, a few holiday agents do book ‘behind the scenes’ from individual providers and these may not be classed as a packaged holiday under the regulations. LOVE Holidays; teletext and On The Beach generally are not packaged holidays.

Your ATOL certificate will confirm in the bottom left hand corner the type of holiday and will say packaged sale. A Flight Plus or Flight Only is not a packaged holiday.

Your holiday sickness last more than 5 days

This does not mean that you were bed ridden or violently sick for 5+ days. It means that your sickness had an effect on you for 5 days or more. This could have covered most of your holiday or it could have started on holiday and continued when you returned to the UK.

You only ate and drank in the hotel or supplied by the hotel

Your package holiday must have been all inclusive and you must have consumed all of your food and drink in the hotel and not eaten out at all. If you did eat out, there is a fair argument that you could have contracted your holiday sickness from any third party where you ate or drank. An argument could be there are a large number of joint holiday makers who all ate at the hotel and all contracted sickness, and the main majority all ate in the hotel only, there could be reasonable grounds to assume it was one of all the same.

You reported your sickness to an official of the holiday.

This could be to anyone at the hotel, a member of staff, a tour rep, your tour operator or visited a doctor or hospital. If you reported it to a member of the hotel staff or your rep and no formal record was made, that is a fault by the officials who should have made a report and failed to do so. This is not your fault and should not affect your claim.

Documents we will need from you

Your holiday booking confirmation. This is generally emailed to you and most people keep these type of emails for memory. Search your emails and you should find this, which will confirm all of your holiday details, those travelling, flight times and dates etc. This will have reference numbers which the solicitor will need.

Your ATOL certificate. This is also generally emailed to you when you book, and is an insurance type product which covers you if your tour operator or airline etc go out of business to secure the money you have spent prior to your holiday and to get you home if this happens while on holiday. This has a reference number your solicitor will need and also in the bottom right hand corner will confirm that your holiday was a packaged holiday.

If you cannot locate these in your emails, we have some ways to help you. You can also telephone your travel agent and request them. They have a duty to retain your records for 6 years under the Data Protection Act and should provide copies free of charge. They do not need to know why you are requesting them and it is up to you to disclose why if you want to. You can also visit your travel agents website and send an email requesting copies to be sent to your email. It is best to include the full name and address of the person who booked the flight, the names of additional passengers, and the date of the flight out and the country you were visiting.

If you have any trouble locating these documents, our client team are always on hand to help. Tel: 0800-8-654321

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