Have you suffered from food poisoning or illness while abroad?
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 entire basic charges and expenses.
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 01625 253 020 and speak to member of the Sickholiday team.
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 Limitation
Time Limitation
Cases of food poisoning and accidents abroad have to be brought forward usually within 3 years from the date of knowledge of the accident or illness. There are however different time limits for cruise ships (2 years), children, and complaints brought forward relating to the quality of 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. A parent or guardian can act as a litigation friend, making decisions in the child’s best interests up until their 18th birthday.
Date of knowledge classification, under the Limitation Act 1980:
“The date of knowledge is where the claimant had knowledge and could reasonably have ascertained (with or without the help of expert advice) such facts so as to have knowledge:
• That the injury in question was significant; and
• That the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty; and
• The identity of the defendant; and
• If it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant.”
It is often hard for our team to process claims with less than 9 months of limitation time left. This is because the defendant tour operator under the pre-action protocol for personal injury claims has 42 days and then 6 months, to process and investigate your claim at their end prior to proceedings. If you have less than 9 months until the deadline of your limitation period, please speak with one of the team who will advise whether we can help with your claim.
Each claim is different and has different merits, there are certain limited circumstances where we may be able to help even if you have less than 9 months of limitation left.
* Charges may apply. See here for details.
