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The Law

Holiday Sickness Claims

By on February 12, 2016

The Law

Peace of mind

Your solicitor will discuss all of the funding options available to you and together you will decide whether or not a “No Win No Fee” agreement is the right option for you. Although other options are available, nearly all of our clients decide that this is the right one for them. This type of agreement allows peace of mind for you and your family as you are at no financial risk if your case is unsuccessful. The solicitor will act on your behalf with your best interests in mind working towards getting you as much compensation as possible. If you win your case the only thing you will have to contribute is 25% of the compensation you are awarded, leaving the tour operator to pay for your entire solicitor’s basic charges and expenses. At no point before or during the process of your claim will you be asked to contribute financially and in the event of your case being unsuccessful, there will be nothing for you to pay.

Know your rights

If you have booked a package holiday then you are covered by the Package Travel, Package Holidays and Package Tours Regulations 1992. These regulations allow you to pursue your tour operator for compensation relating to an illness or injury cause as a result of their negligence. The word “package” is defined as the pre- arranged combination of at least two components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation. Therefore, if you purchase something in addition to your hotel stay, such as flights or transfers and it was sold at one total price and under one contract, then this would be classed as a package. This being the case, some tour operators disguise their holidays as packages when in fact they are not. To find out whether you are covered by the regulations, please contact our office on
0800-8-654321 and speak to member of the Holiday Sickness team, or send a quick message and we will call you back, or email holidaysickness@theaccidentguys.co.uk. Also keep in mind that holiday brochures and websites must be true representations of the services or products provided by the tour operator. In other words, you should get exactly what you pay for and the company has a legal obligation to provide you with the holiday you were promised.

Time limit

Cases like this have to be brought forward usually within 3 years from the date of the accident or illness. There are however different time limits for cruise ships, children and complaints brought forward relating to the quality of the holiday. For example, anyone under the age of 18 affected by such events has 3 years from their 18th birthday to bring a case forward. However, a parent or guardian can act as a litigation friend making decisions in the child’s best interests up until their 18th birthday. We recommend that you act as quickly as possible.

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13 comments on “The Law

  1. Is there an insurance policy available to cover the solicitors costs if they don’t win ? Someone mentioned it in work and I cannot find it anywhere online. I don’t mind paying 25% of my claim value if it is won and I don’t mind the cost of a insurance policy to cover if we lose. Just need to find out where to read up on it please?

  2. Hi Matthew. These insurance policies are called ATE, After The Event.

    They typically insure the solicitors standard costs so they don’t come out of pocket too much if they really fight a case hammer and tooth and it loses. Some cases can have considerable legal fees attached which the solicitors pay out during the process of running your claim. A lot of solicitors will offer this service, whichever solicitor you choose will have slightly different terms and processes.

    Your solicitor will explain everything upfront and you will sign an agreement to the same as agreed and your solicitor can then represent your file.

  3. Hi. It is 2 years since I went to Egypt and I have looked through my emails for my booking confirmation and cannot find it. We were all inclusive with Thompson and me and the Mrs were both really ill for like 10 days it ruined our holiday. What else can we provide or how else can we get our holiday details please? James and Becky.

  4. Hi James and Becky.
    The booking confirmation emails generally come from an automated larger central system that has security features, so often doesn’t come as a standard format email. If you booked with any of the following please search the relevant email and see if this helps:
    Travel Republic – noreply@travelrepublic.co.uk
    Jet2 Holidays – reservations@jet2holidays.com
    First Choice / Thomson – no-reply@firstchoice.co.uk &  webadmin@tui-uk.co.uk
    Thomson –  webadmin@tui-uk.co.uk
    Monarch Holidays – bookings@monarchholidays.co.uk
    SkyTour Holidays – SkytoursFlightTickets@eticketing.thomson.co.uk
    Red Sea Holidays – admin@verycheapholidays.co.uk
    Thomas Cook – noreply@thomascookdocuments.net
    On The Beach – noreply@onthebeach.co.uk

    If all else fails you can telephone your Tour Operator and request a copy to be sent to your email. Tour Operators generally know a claim may follow and they may slow the process or put you off. We would always suggest calling in person or sending an email directly requesting a copy so you have a written record.

    We can assist by making a formal written request.

    1. I was about to ask for help finding mine and seen this and found mine straight away.

      BOOM – PERFECT – It is on the way to you now. Kyle

  5. Hi. We must have deleted the confirmation email but we did contact Thompson directly and they emailed us this morning a copy of the documents and booking confirmation and out ATOL certificate. We will contact you on Monday. Thanks a lot.

  6. Hi, myself and the better half went away in January 2014 all inclusive packaged holiday and we both got struck with severe holiday sickness. We reported it to the rep on two different occasions but they never formally recorded it or gave us any information or paperwork, only pointed us towards the local chemist.
    Is there anything you can do to help? I was sick for about 10 days the Mrs was sick for about 3 weeks. Cheers. Matthew

  7. Hi Matthew. The fact you mentioned it twice to an ‘official’ of the holiday stands strong in your favor, whether they reported it or not. It is known that there are not clear and defined processes in place in some resorts and hotels and lack of knowledge and responsibility by all the parties involved seems to be quite general. The brief details provided would suggest you match a panel solicitors criteria. You can give us a call to discuss on 0161 740 4178.

  8. Hello. Sorry for the late message but have just seen one of your videos and I never knew at all there was any type of protection and redress if we were sick on holiday. We went to Turkey last year and the moment we arrived we could see the hotel was not as it should have been. 3* All inclusive – OK, not expecting the queens palace, but the place just looked rough, inside and outside, the staff looked rough, and nothing seemed to be working 100% or nothing seemed to be really clean. We tried protecting ourselves by washing our room down with bleach and washed all our bedding ourselves but me, my wife, my brother, my mum and my auntie all got sick and were all really bad. Luckily we had each other as a group and half looked after each other. I have sent a message through your contact page but just wanted to say great website and great information. If you can help us that would be absolutely awesome after what we went through.

  9. Hi The eagle Family

    Such a common story we hear and probably 8 out of 10 holidays do go according to plan, but like everything in life, there are always a few that spoil things.

    I have seen your contact form deliver to the Client Team who will review the details and make contact at the time you have requested. You seem to have a very strong case.

    All the best of luck. Stay well. Holiday Sickness Claims.

  10. Hi everyone. 5 of us went away, me and my husband and 3 kids, and we all got really sick. My husband got sick on day 3 of the holiday and went to a doctor and had to pay a large amount of euros for his medical treatment. The next day me and my 8 year old were sick and the day after that the other 2 children got ill. The whole holiday was wiped out. What is worse is that the hotel was absolutely disgusting. We took photo’s early on with bugs in food, unclean food areas and rooms and floors and everywhere around the hotel, it was just disgusting.

    We have only got back last week and all 5 of us are still really sick. Trying to get an appointment at the doctors is hard and we are looking to go to a drop in centre this evening.

    Your website is very informative and we have checked your regulation which shows you are an authorised business. We will contact you in the next couple of days to help us progress a claim.

  11. Hi Mrs Broughton

    Unfortunately, this is a regular problem we hear. The hotels are not always so obvious in a bad state of repair and management, but it sounds like you have really caught a bad dose. Please ensure you do get checked by a medical examiner as some bugs and infections can lay dormant after you appear to get better, and these can cause added complications.

    Rest assured, once you are recovered enough, we are here for you to assist however we can, just dial our freephone number 0800-8-654321 and choose option 3.

    Get well soon from all the team.

  12. Hi. 11 of us went away to Turkey and all were sick. Only 7 went to the doctors but we all reported it to the Thomson rep who told us to seek our own medical support either pharmacy or doctor as required.

    Can all 11 submit a claim for sickness and what documents do we need to provide please?

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