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Now that we’re ticking into autumn and the nights are drawing in and you’re waking up to a cold, dark morning, aren’t we all pining to be back on holiday in some warm climate with sun all day every day? It’s perhaps the one thing that everyone looks forward to each year as you get a chance to get away from typical Scottish weather for a spell. What happens though if your holiday is ruined by contracting food poisoning on holiday?

It’s actually a surprisingly common occurrence and stories often filter back to the Scottish newspapers of entire hotels or cruise ships being struck down by a food poisoning bug through unsanitary food preparation areas.

Most people tend to shrug it off after a few days and there are no significant issues, but for some, food poisoning can have a lifelong and life changing effect. Regardless of the severity or otherwise of any lingering symptoms, it begs the question what is your legal remedy if you’ve suffered from a gastric illness on a package holiday?

Simply put, you can claim against the travel operator. That may seem slightly strange where they don’t own the hotel or haven’t been involved in the food preparation, but you have a contract with the travel operator which applies to their suppliers (ie, the hotel) which imposes a duty on them to take reasonable care and skill in the supply of your holiday. Therefore, something like catching an illness as a result of negligence on the part of the provider or their supplier is considered to be a breach of contract.  

In addition, if you’re worried about the prospect of having to make a claim abroad, then rest assured that if you became ill on a package holiday, then it may be possible to make your compensation claim through a Scottish court. It is worth bearing in mind that if you are able to make a claim against your travel operator in Scotland, then you have three years in which to make your claim. However, we would always recommend that you consult with a solicitor as early as possible.

Elizabeth Lumsden from West Lothian turned to Thompsons after catching a stomach bug on her dream holiday.

For further information on gastric illnesses abroad click here or call 0800 089 1331 and speak to our specialist holiday sickness lawyers.

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