The Law & Your Rights

UK Law covers you for sickness due to food poisoning if you have booked a package holiday

If you have suffered food poisoning which can be traced back to your hotel your tour operator is liable for under regulation 15 of the Package Travel Regulations.

This regulation covers you for this type incident, classing it as a breach of contract and therefore making it the the tour operator’s responsibility.

For the full legalisation details please see the link below
http://www.legislation.gov.uk/uksi/1992/3288/regulation/15

Does it only cover package holidays?

Yes, in order for a claim to made under regulation 15 your holiday needs to have been booked as a package holiday. The Regulations define a “package” as the pre-arranged combination of at least two of the following components of your holiday:

  • Accommodation (Your Hotel)
  • Transport (Your flight and transfer to and from the hotel)
  • Other tourist services that account for a significant proportion of the package / holiday

Does it only cover you for food provided by your hotel?

Package Travel Regulations will only cover you for illness / sickness or food poisoning providing the food was supplied by your hotel. Your tour operator will not be liable if your sickness resulted from food provided from outside your package holiday accommodation.

Is there a time limit?

It’s commonly accepted that a claim / case should be made within 3 years of the incident. This may differ for children under 18 whom maybe able to act on such events within 3 years of their 18th birthday.

Does the Package Travel Regulations cover you for other things besides food poisoning?

You have a legal right to expect your package holiday to be what you paid for. This covers many other parts of your holiday including:

  • Misleading information relating to your holiday. This could be brochure or and verbal description of your holiday for example the inclusion of a pool or where facilities are non existent / available or a considerable further distance than advertised.
  • Ensuring information from advertising / brochures is legible, comprehensible and accurate
  • Holidays ruined by building works
  • Changes to the essential terms of your holiday for example the price, standard of accommodation and type of transport

Can I make a claim?

If you’ve met the conditions above and you’ve been the unfortunate victim of sickness / illness or food poisoning resulting from the food you have consumed by your package holiday hotel you maybe able to make a claim against your tour operator. Click here for our page on How to make a claim

Who else can I speak to?

If you require further guidance or advice relating to a possible claim or you require further clarification then we advise that you speak to the very helpful people at Citizens Advice.

You may also find the following pages of interest.

If you’ve got any further facts or information relating to the Package Travel Regulations then please feel free to leave a comment below or get in touch.

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