Becoming sick on holiday is never part of the plan. Whether it’s food poisoning from a hotel buffet or a virus like norovirus spreading through the resort, falling ill while you’re trying to relax can ruin your trip. What’s worse is the unexpected costs—missed excursions, medical bills, and sometimes having to fly home early.
If you believe your illness was caused by poor hygiene or negligence at your hotel or during your package holiday, you might be entitled to compensation. This article explains how holiday sickness claims work, who you can claim against, what evidence you need, and how much you could receive.
Let’s walk through everything in simple terms, so you know exactly what to do next.
Can You Claim Compensation for Sickness on Holiday?
Yes, if your illness was caused by poor food handling, dirty water, or unsanitary conditions at your hotel, you may be able to make a holiday sickness claim. Most of these claims involve:
- Food poisoning (salmonella, E. coli, listeria, campylobacter)
- Norovirus outbreaks
- Bacterial infections
- Legionnaires’ disease from contaminated water
If you booked your trip as a package holiday (through a UK tour operator), the company is responsible for all services included—this means you don’t need to sue the hotel abroad directly.
You can claim for things like:
- Medical bills
- Missed excursions
- Lost income
- Loss of enjoyment of your holiday
- Pain and suffering
Common Causes of Holiday Illness
There are a number of ways that illnesses spread during holidays. Some of the most common include:
Poor food hygiene
Undercooked meat, buffet food left out for too long, or cross-contamination between raw and cooked items can lead to food poisoning.
Dirty kitchens or shared areas
If the hotel’s kitchen, toilets, or communal dining areas are not cleaned properly, bacteria can spread easily.
Contaminated water
Sometimes, local water supplies may be unsafe for drinking or even brushing teeth. Even using ice cubes from tap water can cause stomach infections.
Swimming pool contamination
If pools aren’t maintained with the right chlorine levels, bugs like cryptosporidium can spread through the water.
Poor staff hygiene
Food handlers who don’t wash their hands or work while sick can pass germs to guests.
If any of these caused your illness, it’s worth finding out if you’re eligible to claim.
What Is a Package Holiday—and Why It Matters?
The Package Travel Regulations 2018 protect you if you book more than one service (like flights and hotel) together through a UK company. Even if booked on different days, you’re still covered as long as it was part of one overall deal.
You don’t have to claim against the foreign hotel. Instead, you claim directly against the UK tour operator—making the legal process much simpler.
These claims are usually made under the Consumer Rights Act 2015, which says the provider must carry out their services with “reasonable care and skill.”
How To Know If You Were Food Poisoned?
Some common signs of food poisoning include:
- Diarrhoea (sometimes bloody)
- Vomiting
- Fever or chills
- Stomach cramps
- Weakness and dehydration
Different bacteria cause different symptoms. Here are a few examples:
- Salmonella – Found in undercooked meat and eggs. Symptoms start 6 to 72 hours after eating.
- Norovirus – A contagious stomach bug. Symptoms appear 12 to 48 hours after exposure.
- Listeria – Found in cold meats, soft cheeses, and unpasteurised dairy. Symptoms may take up to 70 days to show.
- Campylobacter – Found in undercooked poultry or untreated water. Usually starts 2 to 5 days after exposure.
- E. coli – Found in undercooked beef or contaminated water. Can cause bloody diarrhoea and cramps.
If you became sick after eating or drinking at the resort and others were affected too, there’s a strong chance the illness was caused by the hotel or food provider.
What Should You Do If You Become Ill on Holiday?
If you’re unwell, these steps can help protect your health and improve your chances of making a successful claim later.
Get Medical Treatment
Go to a local doctor, hospital, or the hotel’s medical staff. Ask for a copy of your diagnosis and treatment notes.
Report the Illness
Tell the hotel staff and your tour rep. Make sure they complete an official incident form. Ask for a copy.
Gather Evidence
Try to:
- Take photos of the food, dirty areas, or poor hygiene
- Save receipts for medication, taxis, or rebooking flights
- Keep any food samples (if safe) or request a stool test
- Speak to other guests who were also sick and get their contact details
Track When the Symptoms Started
If you became ill within 72 hours of arriving at the resort, it may have started before your holiday began. If symptoms appeared after 3 days, it’s more likely the illness came from the hotel.
What Can You Claim For?
Holiday illness compensation includes two types of damages:
General Damages
This covers:
- Pain and suffering
- Physical and emotional distress
- Loss of enjoyment of your trip
Special Damages
This includes:
- Medical treatment (at home or abroad)
- Missed excursions or experiences
- Cost of alternative accommodation or transport
- Loss of earnings (if you couldn’t work after returning home)
- Care costs (if you needed help during recovery)
How Much Could You Receive?
Compensation varies depending on how sick you were and how long it lasted. Here are some guideline figures:
| Severity | Compensation Range |
|---|---|
| Mild, short illness | £1,110 – £4,820 |
| Moderate discomfort | £4,820 – £11,640 |
| More serious, longer illness | £11,640 – £23,430 |
| Severe illness with lasting effects | £46,900 – £64,070 |
Each case is different, and your solicitor will assess your situation based on medical reports and evidence.
Do You Need a Solicitor?
You’re not required to use a solicitor—but having one can help.
A solicitor who handles holiday sickness claims will:
- Review your case for free
- Gather all required evidence
- Arrange a medical report if needed
- Deal with the tour operator or their insurers
- Negotiate your settlement
- Work on a No Win No Fee basis (you don’t pay unless you win)
In most cases, claims settle out of court—especially when the evidence is strong.
What Is a No Win No Fee Claim?
“No Win No Fee” means:
- You pay nothing upfront
- You only pay legal fees if you win
- If your case fails, you pay nothing
This is helpful if you’re worried about legal costs or don’t want to take a financial risk.
How Long Do You Have To Claim?
You generally have three years from the date of illness to make a claim. But it’s always better to start sooner while the details and evidence are still fresh.
If your child became sick, you can claim on their behalf at any time before their 18th birthday. After that, they have until age 21 to claim.
What If You Didn’t Book a Package Holiday?
If you booked your hotel or flight separately, things get more complex. You may still be able to claim—but it will likely be under the local laws of the country where the illness happened. These often have shorter time limits and stricter rules.
This is why it’s best to book through UK providers wherever possible.
Final Tips Before You Travel
To reduce your chances of becoming ill on holiday:
- Avoid raw or undercooked meats
- Don’t drink tap water unless it’s safe
- Wash your hands regularly
- Be cautious at buffet counters—choose freshly cooked food
- Avoid food that looks reheated or has been left out for too long
Conclusion: Don’t Suffer in Silence
Getting sick on holiday is upsetting—but if it wasn’t your fault, you may have a right to compensation. If you followed safety advice and still got food poisoning or another illness due to poor hygiene at your resort, it’s worth speaking to a solicitor.
They can guide you through the process, collect evidence, and fight to make sure you’re properly compensated.
