Holiday Sickness Claims

A well-earned holiday can quickly become a nightmare if you pick up a sickness bug. Not only can it spoil your holiday, but it can also cause severe and long-lasting health problems.

Tour operators, hotels and restaurants have a duty of care to take all reasonable measures to protect your health and safety. If they have failed to do so, you may be able to make a holiday sickness claim.

The personal injury solicitors we partner with have helped holidaymakers secure compensation for many different conditions. These include food poisoning, Legionnaires’ disease, and respiratory and waterborne infections.

If you want to find out whether you could claim for a sickness bug on holiday, call 0800 470 0474 or fill in our online claim form. A legal adviser will offer you a free case assessment and will be able to answer any questions you may have about claiming.

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• Can I claim holiday sickness compensation?
• What evidence do I need to support a holiday sickness claim?
• Common causes of holiday illnesses
• Common types of illnesses on holiday
• Can I claim in the UK if I caught a sickness bug on holiday abroad?
• Regulations for package holiday claims
• How long will it take to make a claim?
• How much holiday illness compensation could I receive?
• Time limits to make a holiday sickness claim
• Can I claim compensation on behalf of someone else?
• Can I make a No Win No Fee holiday illness claim?

Can I claim holiday sickness compensation?

If you caught an illness while on holiday and somebody else was at fault, you might be entitled to holiday sickness compensation. The easiest way to find out is through a free consultation with a legal adviser. They will ask you several questions to determine whether:

• The illness was a direct result of someone else’s negligence
• That other party owed you a duty of care

If they agree to take on your case, your solicitor will help assess liability and gather evidence to support your claim. Based on your circumstances, the party liable for paying you compensation could be:

• A tour operator, if you travelled under a package holiday agreement and they booked the services responsible for your illness. In this case, you can likely claim under UK law.
• A private business owner, if you arranged your stay yourself or caught a sickness bug in a place that was not part of your travel arrangement. In this case, you might have to make a claim abroad under the foreign country’s laws.

After assessing liability and gathering all the available evidence, your solicitor will send a letter of claim to the defendant. They will have a specific time to investigate your allegations and accept liability or deny it.

If liability is admitted, your solicitor will negotiate a fair settlement on your behalf. If you cannot settle through negotiations, they may initiate court proceedings. Even so, most cases resolve before the trial date, so it is unlikely you will have to go to court.

What evidence do I need to support a holiday sickness claim?

To support a holiday sickness claim, you will need to gather various types of evidence to demonstrate liability and the extent of the harm you suffered. Your solicitor will be able to obtain most of this evidence on your behalf, but it could include the following:

• Medical proof. Obtain medical records, doctor’s reports, test results, and prescriptions related to your illness. This evidence is essential to prove that you suffered from the sickness and its extent.
• Photographs or videos. Take photos or videos of the conditions that may have contributed to you becoming ill on holiday. These may be unclean facilities, poor food handling practices, or maintenance issues at the hotel or restaurant.
• Witness statements. If other people witnessed you falling ill or experienced similar issues at the same place, their accounts could strengthen your case. Make sure you obtain their contact information.
• Receipts and expenses. Keep track of any financial losses incurred due to becoming sick on holiday. These may include medications, transportation to a hospital, or additional accommodation costs if you did not travel as planned.
• Your booking information. Keep copies of your travel itinerary, booking confirmations, and any details about the tour operator or travel agency involved in your holiday arrangements.
• Communication records. Save emails, letters, or any correspondence with the hotel, tour operator, or travel agency regarding your illness or any complaints you made during your trip.
• Hygiene reports. If there were hygiene inspections carried out at the hotel or resort, ask for the reports from local health authorities.
• Incident reports. If you reported your illness to the hotel or resort staff, ensure you obtain a copy of the accident logbook entry they may have filled out.
• Travel diary. If you kept a travel diary, it can serve as a valuable record of your sickness and the symptoms you experienced during your trip.

It is essential to start gathering proof as soon as possible after your illness occurs. Your memories may fade, and evidence may become harder to get over time. An experienced solicitor can help you identify and collect everything you need to make a successful sick on holiday claim.

Common causes of holiday illnesses

A holiday sickness can happen when you least expect it and may be due to:

• Consuming food that is prepared, stored or cooked incorrectly
• Drinking contaminated water
• Inadequate food storage and poor refrigeration
• Contaminated ice made from unfiltered water
• Insufficient hygiene and cleaning procedures in hotels, bars or restaurants
• Lack of controls at buffets
• Poor maintenance of showers, gas appliances or ventilation systems
• Improperly treated or poorly maintained swimming pools
• Exposure to harmful chemicals
• Inadequate fire safety measures

These and other types of negligence may cause you to catch a sickness bug on holiday. Common bugs and toxic substances that may lead to a claim for holiday sickness compensation include:

• Salmonella is found in foods like poultry, eggs, and milk. If these are not handled or cooked correctly, the bacteria can cause symptoms like headaches, stomach cramps, fever, vomiting, and diarrhoea.
• E-coli is harmless in the body, but certain strains can cause illness if you consume contaminated food or water. Symptoms include severe, bloody diarrhoea, stomach pain, and vomiting.
• Cryptosporidium is a parasite that affects the digestive system, causing diarrhoea, stomach cramps, vomiting, and fever. It transmits through contaminated water, food, or surfaces that have come into contact with infected faeces. It is resistant to chlorine, which makes it hard to eliminate from water sources.
• Norovirus is a highly contagious virus that can cause gastroenteritis, an inflammation of the stomach and intestines. It spreads fast and can cause outbreaks in closed and crowded environments such as cruise ships and hotels. The virus is contracted through contaminated food or water, person-to-person contact, and contact with contaminated surfaces.
• Legionella is a type of bacteria that can cause a severe lung infection known as Legionnaires’ disease. The bacteria can multiply in water systems such as cooling towers, plumbing and air conditioning. Preventing Legionella contamination involves proper maintenance and disinfection of water systems and controlling the water temperature to prevent its growth.
• Campylobacter is commonly found in poultry, cattle, and other livestock. It can also be present in unpasteurised milk and untreated water. It is a leading cause of foodborne illness worldwide and one of the most common causes of bacterial gastroenteritis in humans.
• Carbon monoxide (CO) is a colourless, odourless, and tasteless gas that is highly toxic to humans and animals. Sources of carbon monoxide poisoning on holiday include faulty gas appliances, furnaces and water heaters. Prolonged exposure to high levels of carbon monoxide can lead to loss of consciousness and even death.

If your health has suffered due to someone else’s negligence, you may be able to make a sickness on holiday claim. Find out if your case has merit by calling free on 0800 470 0474 or requesting a call back.

Common types of illnesses on holiday

A holiday sickness can cause significant pain and suffering and may entirely ruin your experience. Hotels, restaurants and tour operators owe you a duty of care, but when this is breached, it may lead to various illnesses, such as:

• Food poisoning on holiday is caused by consuming contaminated food or water. It may result in symptoms like vomiting, diarrhoea, and stomach cramps;
• Respiratory infections like the flu, which can easily spread in crowded places like hotels;
• Legionnaires’ disease is a severe form of pneumonia caused by inhaling contaminated water droplets. This illness is often associated with poorly maintained hotel air conditioning systems, hot tubs and swimming pools;
• Waterborne infections can be contracted from swimming in contaminated water. They may lead to illnesses such as ear infections or skin conditions;
• Allergic reactions triggered by exposure to allergens like pollen, plants, or animals;
• Typhoid, a potentially life-threatening illness, usually transmitted through the consumption of food or water contaminated with Salmonella typhi;
• Insect-borne diseases, like malaria or dengue fever, can be contracted through mosquito bites in certain regions;
• Carbon monoxide poisoning can be due to faulty gas appliances like water heaters, stoves or inadequate ventilation;
• Pesticide poisoning from fruits and vegetables not washed thoroughly before consumption or accidental exposure in areas such as gardens or agricultural fields;
• Sunburn, heatstroke and other heat-related illnesses are due to overexposure to the sun.

If you have become ill with any of these or another condition due to the negligence of a third party, you may be eligible to make a holiday sickness claim. Do not hesitate to contact a personal injury solicitor as soon as possible to discover if you are entitled to compensation.

Can I claim in the UK if I caught a sickness bug on holiday abroad?

Even if your illness happened abroad, you can often make your claim in the UK. The Package Travel and Linked Travel Arrangements Regulations 2018 allow holidaymakers to make a claim for compensation from their tour operator if they have been sick while on a package holiday.

A package holiday is a type of travel arrangement where various services, such as transport and accommodation, are pre-arranged and put together by a tour operator or travel agency. Your holiday also counts as package travel if you booked services under separate contracts with more than one provider but:

• They used the term package or a similar one in your contract;
• They sold you the services you chose at an inclusive price;
• You arranged the services at a single point of sale before agreeing to pay;
• You made part of your holiday booking by clicking on a link from a company you had already booked with within 24 hours of the initial
• booking without needing to provide your details again.

You can usually claim in the UK if you have developed a sickness while on a package holiday. You can also claim under UK law if the individual or business you hold liable is based in the UK or EU.

If you travelled independently and caught a sickness bug or became ill whilst on holiday abroad, you might have to claim directly in that country under its laws. That can sometimes be beneficial and result in a higher amount of compensation.

Even if you must claim abroad, most cases settle without court proceedings. Your solicitor will conduct negotiations on your behalf and may be able to represent you even if you must go to court. They will make the entire process as quick and stress-free as possible while you can focus on your recovery and loved ones.

Regulations for package holiday claims

If you became ill while travelling under a package holiday, you are protected by The Package Travel and Linked Travel Arrangements Regulations 2018. Under this legislation, the travel agency that booked your stay is responsible for your health and safety and may be liable to pay you compensation if you caught a sickness bug on holiday.

Some of the duties of tour operators and travel agencies under these regulations include:

• Provide clear and accurate information about the package holiday before you make the booking;
• Ensure that all the services and accommodations promised in the package are provided as described;
• Take suitable steps to ensure that all the services and accommodations are of a reasonable standard and meet your expectations;
• Provide appropriate assistance if you find yourself in difficulty during your holiday;
• Provide financial protection to consumers, either through insurance or a trust account.

Furthermore, your service provider must do everything reasonable to keep your accommodation safe and hygienic, including:

• Monitor the toilets, pools and spa facilities
• Ensure the proper functioning of heating systems, ventilation, and gas appliances
• Supply high-quality food and make sure it is properly cooked
• Prevent contamination by preparing food in clean environments
• Avoiding crowding, especially in enclosed spaces
• Enforcing hygiene and health and safety regulations among staff

If your tour operator or a private business owner has breached their duty of care towards you, you may be able to start a sickness on holiday claim. You may be entitled to compensation for the pain and suffering you endured, as well as any related financial losses.

How long will it take to make a claim?

Every case is unique, so it is hard to say precisely how long your holiday sickness claim might take. The time it may take to secure compensation is contingent upon several factors, such as:

• How long it takes to gather evidence
• The estimated value of your compensation award
• How long it takes to recover from your illness
• The complexity of your case
• Whether the other side admits liability
• How long it takes to negotiate a settlement
• Whether your case goes to court

If your case is straightforward and there are no liability disputes, you may receive your holiday illness compensation within several months. If your injury is particularly severe and involves complex legal issues, it may take several years to conclude.

There are a few things you can do to help speed up the claims process, including:

• Contact a solicitor as soon as possible after getting a sickness bug on holiday;
• Seek medical attention straight away and document your case in detail from day one;
• Complete all the required forms and prepare the legal documents without hesitation;
• Work closely with your solicitor and attend any appointments they have scheduled for you;
• If you want your holiday claim to resolve quickly, consider accepting an early settlement offer from the defendant.

Your solicitor will be there for you at every step of the claims process and will do their best to settle your case as quickly as possible. To start a holiday illness claim straight away, call 0800 470 0474 today or use our online claim form. You will be paired with an experienced solicitor that is best for you.

How much holiday illness compensation could I receive?

The amount of damages you could secure in a sickness on holiday claim will depend on several factors, including:

• The type and severity of your illness
• The recovery time and any long-term or permanent effects on your health
• Whether you claim in the UK or abroad
• Your financial losses and expenses

Your solicitor will consider the circumstances of your sickness on holiday and how it has affected you to work out how much compensation you should receive. Your claim will include two types of damages: special and general.

Special damages, also known as out-of-pocket expenses, refer to the specific financial losses and expenses incurred as a direct result of the illness or sickness during the holiday. These damages are more easily quantifiable and can be calculated based on actual costs. Some examples of special damages in a holiday sickness claim may include the following:

• Medical treatments, medication or hospital stays
• Additional travel costs incurred for medical appointments or returning home
• Any income lost due to the illness, such as missed work days or reduced working capacity
• Further accommodation expenses if you had to extend your stay
• The cost of activities or reservations you paid for but could not attend due to the illness

General damages are more subjective and represent the non-financial impacts of the illness on your life. These damages are not easily quantifiable and are based on historical cases and the guidelines offered by the Judicial College in the UK. In a sick on holiday claim, some examples of general damages may include:

• The physical pain and discomfort caused by the illness
• The emotional and psychological effects on your mental well-being
• Loss of enjoyment and the negative impact on the overall holiday experience
• Physical impairment and embarrassment

Below are some examples of potential holiday sickness compensation awards:

• £910 to £3,950 for a mild illness that does not last longer than a few weeks
• £9,540 to £19,200 for a severe but short-lived sickness
• £38,430 to £52,500 for a very severe illness with long-term effects
• £1,540 to £5,860 for psychological damage caused by a sickness bug on holiday

Time limits to make a holiday sickness claim

You have three years in the UK to make a sick on holiday claim. The limitation period begins on the date of the incident that made you ill or the date your condition was diagnosed. However, the time limit to claim may be different from this in some circumstances. For instance:

• If the ill person is a child, the three-year countdown begins on their 18th birthday. After that, they will have until they turn 21 to claim holiday illness compensation if nobody has claimed on their behalf.
• There is no time limit to pursue a claim for someone lacking the required mental capacity. If they regain their cognitive abilities, they will have three years to start legal proceedings.
• If your illness occurred while on a cruise ship, you have two years to claim under the Athens Convention 1974.
• If you lost a loved one due to a severe sickness, you can claim compensation within three years after their death.
• If you have to make your claim abroad, the time limit may be subject to the foreign country’s rules. It can vary significantly from country to country and may be much shorter than three years. For example, you have only one year to make a holiday sickness claim in Spain and Thailand.

It is always better to speak to a personal injury solicitor as soon as possible if you suffered an illness on holiday. That will give them plenty of time to investigate your case, gather supporting evidence, and make sure you do not miss any essential deadlines.

Can I claim compensation on behalf of someone else?

If a loved one was made ill by a sickness bug on holiday due to negligence, you might be able to claim on their behalf. To do so, you must apply to the court to be appointed as their litigation friend. You can become a litigation friend if you are a parent, guardian, close relative, or friend of the person who needs representation. The court will assess if you are suitable to act in this role by considering the following:

• You can you conduct legal proceedings fairly and competently?
• Do you have any conflicts of interest with the victim or have their bests interests at heart?
• Do you agree to pay any fees incurred during litigation?

Once the court appoints you as a litigation friend, you can start a holiday sickness claim on behalf of your loved one. The process is similar to claiming on your own behalf and involves:

• Attending court hearings if necessary
• Liaise with solicitors and take legal advice
• Help gather evidence related to the incident and the losses incurred
• Make sure the claimant attends their medical appointments
• Consider any compensation offers from the defendant
• Make decisions related to the claim
• Keeping the ill person informed about the progress of the case to the extent possible

The litigation friend process is typically used when the claimant is under 18 or an adult who lacks the mental capacity to conduct legal proceedings. Any compensation secured on their behalf must be approved by a judge during a court hearing and will usually be managed through a personal injury trust. Don’t worry, your solicitor will be able to take care of this for you and explain exactly how it works.

Can I make a No Win No Fee holiday illness claim?

Yes. The solicitors we work with will offer you a no win no fee* service if your claim has merit. The main advantage of this type of agreement is that you do not have to pay any upfront fees for legal representation. Your solicitor will take on the risk of litigation and will only receive a success fee from your compensation award if your case is successful. If you lose the claim, you do not have to pay them anything.

If you have a fair chance of success, your solicitor will also take out After the Event (ATE) insurance before starting legal proceedings. This type of legal expenses insurance is designed to protect you from the costs associated with making a personal injury claim. Without an ATE policy, you would be liable to cover the following expenses in the event of a loss:

• The defendant’s costs and solicitor fees
• Court and counsel fees
• Police and medical reports
• Travel expenses associated with the case
• Barrister fees if the claim goes to court
• The cost of paying expert witnesses

The no win no fee service allows you to claim holiday sickness compensation without taking any financial risks. If your case is unsuccessful, you will not incur any out-of-pocket expenses. If you win, your solicitor will receive a success fee of up to 25% of the compensation you are awarded.

To start a no win no fee compensation claim for holiday sickness, call 0800 470 0474 today. Alternatively, you can enter your details into our online claim form to receive a call back and discuss your case with an experienced legal adviser.

Last edited on 22nd Jul 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.