Holiday Sickness — No Win No Fee

How Does Tour Operator Liability Work?

Direct Answer: Under the Package Travel Regulations 2018, tour operators are liable for illness caused by poor hygiene at hotels and resorts included in their packages. You claim against the UK tour operator, not the foreign hotel. Claims can be brought on a no win no fee CFA basis with a 3-year limitation period.

Under the Package Travel and Linked Travel Arrangements Regulations 2018 (replacing the Package Travel Regulations 1992), the tour operator is responsible for the proper performance of all travel services included in the package contract. If the hotel's food or hygiene standards cause illness, the tour operator is liable — even though they did not directly cause the problem.

What Are the Common Causes of Holiday Illness?

• Contaminated food — undercooked meat, unwashed salads, buffet food left at unsafe temperatures
• Contaminated water — untreated or inadequately chlorinated swimming pools
• Poor hygiene — inadequate cleaning, pest infestations, sewage leaks
• Legionella — poorly maintained air conditioning or water systems

What Can I Claim?

• General damages — pain, suffering, and loss of amenity
• Loss of holiday enjoyment — compensation for the ruined holiday
• Medical expenses — treatment abroad and in the UK
• Travel costs — additional travel expenses
• Lost earnings — time off work due to illness
• Out-of-pocket expenses — pharmacy costs, special dietary requirements

What Happens If a Holiday Sickness Claim Is Fraudulent?

Holiday sickness claims have been subject to significant scrutiny in recent years due to concerns about fraudulent claims. The courts take a robust approach to dishonest claims, and fundamental dishonesty can result in loss of QOCS protection and adverse costs orders. Only bring a claim if your illness is genuine and supported by medical evidence.