The easing of lockdown restrictions has allowed us to return to foreign travel to at least those countries not included within the red list.
Many of us will be looking to consider booking a package holiday through a tour operator for a number of reasons. Whether that is to save the hassle of having to book a flight and hotel separately, or to benefit from the protection a package holiday offers. For instance, if you have booked a package holiday and you are unable to travel to your destination due to Government restrictions, ABTA advised you ought to get a refund. Additionally, you will be entitled to a refund in circumstances when the travel company organising your package goes out of business or if your holiday cannot go ahead due to unforeseen circumstances out with your control.
When travelling abroad there is always the potential to fall ill if, for example, you are staying at a hotel or resort that cuts corners. This could be a consequence of poor hygiene standards in catering facilities that cause upset stomachs and food poisoning or poorly maintained filtration systems that could cause Legionnaire’s disease. Legionnaires’ disease is a lung infection contracted by inhaling water droplets that contain legionella bacteria. It can be found in hot tubs, mist sprayers and air conditioning units.
An example can be seen in relation to an individual who stayed at a four-star resort in Turkey, the Sun City Hotel and Beach Club in Olu Deniz. The individual contracted Legionnaires’ disease on what was described as a “holiday from hell.” He had to be admitted to intensive care and returned home in a wheelchair. He reported having required assistance from his family for the simplest of tasks.
Current legislation allows you to claim compensation where you suffer injury or illness on holiday as a result of the negligence of someone who is an integral part of the package holiday.
In order to succeed with your claim, you must have been abroad as part of a package holiday and have suffered illness as a consequence of bad practises at the hotel or resort.
A holiday is considered to be a package under the Package Travel and Linked Travel Arrangements Regulations 2018 when you book more than one trip at the same time which can include a flight and transfer or a flight and hotel. The illness must be caused by someone directly involved in that package for example, an illness following swimming in the hotel pool or from consuming food or drink in the package holiday restaurant.
If you consider that you have been affected from your holiday Talk to Thompsons, our Solicitors specialising in such claims will be more than happy to assist.
Blog by Zoheb Khalid, Solicitor