HOLIDAY ILLNESS

If you have suffered from illness caused by negligence of a hotel, be it from poor general hygiene or food safety, you may be entitled to make a claim. All tour operators are duty bound to ensure that the hotels that they do business with are compliant with the international hygiene procedures and food safety standards. The most common illness complaint to have on holiday is that of food poisoning. Up to a quarter of UK travellers have reported to have suffered from food poisoning while on holiday. If you believe that you are suffering from food poisoning it is essential to seek medical help immediately, as the consequences could be serious if it is left untreated.

It is also important to seek a diagnosis of food poisoning if you want to make a claim. It is therefore advised that you keep a copy of any documentation that you receive, including any receipts for treatment, medication or other out of pocket expenses related to the food poisoning. Salmonella is one of the leading causes of serious food poisoning that commonly affects holiday makers. It is most often found in dairy products, fish, meat and can cause severe symptoms that can be dangerous. These symptoms can last for several days and can be treated with antibiotics in most cases, however if it is left untreated the symptoms can become serious enough to require hospitalisation and further treatment, which could lead to lasting side effects.

Other common issues for holiday makers include Staphylococcus aureus, Campylobacter, E. coli, Shigella and Clostridium botulinum bacteria, all of which cause symptoms which are similar to Salmonella food poisoning and must be confirmed by a medical professional. It is not always the fault of the hotel that these things occur, it is sometimes the case that we just fall ill and nobody is to blame, however do not discount your claim before you know that there was no reasonable way to prevent your illness.

If your holiday was not a package deal booked through a tour operator, you may still be able to pursue a claim against the hotel itself or their insurers. It is increasingly common that people book their holidays online and from separate providers, as it is so cheap to do so. In this situation, we would require the booking documents and details to review before we can advise whether you would be able to pursue a claim or not.

In all circumstances, we will be able to advise you whether or not you have a valid claim, where best to direct your claim and against whom.

Please note that as with most claims of this nature, there are strict time limits to seek compensation. These time limits vary from country to country, however we will be able to advise you of the details at your consultation. If you are able, it is advisable to take the following steps to assist your claim:

• Take a sample of the food that you think may have caused your illness
• Take photographs or video footage of any poor hygiene or food preparation standards
• Keep a diary of any and all food and drink that you have taken, including where you got it from
• If there are other holiday makers suffering from illness, ask then for their contact details and get permission to contact them at a later date regarding their illness
• Report your illness to the resort and your tour operator and ask them for a copy of any report made or a record of your complaint
• If you are unable, or have not done any of the above, we will still be able to assist and advise you with regards to your claim.

HOTEL ACCIDENTS

If you have been injured as a result of an accident at a hotel, you may be entitled to claim compensation.

The types of injuries and accidents typically claimed for include:

• Slips and trips on steps within the hotel and grounds
• Accidents in the swimming pools and area
• Falls from balconies
• Injuries sustained as a result of broken or defective fixtures, fittings and furniture

At JMR Solicitors, we will be able to advise you based on the information that you are able to provide to us regarding your accident, for example how your hotel was booked, whether it was as a part of a package deal and details of your tour operator.

In most cases where your hotel was booked as part of a package deal, you will be entitled to make a claim here in the UK against your tour operator or travel agent. If at all possible, we will need to review details of all elements of the holiday including:

• Flights or transport
• Transfers
• Accommodation
• Tourist services
• Booking terms and conditions

Even though a hotel abroad is not required to adhere to UK regulations, they are still expected to conform to health and safety standards and procedures that are in force in their country or region.

If your hotel was not booked as part of a package, for example you purchased the hotel and flights through different provider online, it may still be possible to direct your claim against the hotel itself or their insurers as opposed to the UK tour operator. It is increasingly common that people book their holidays online and from separate providers, as it is so cheap to do so. In this situation, we would require the booking documents and details to review before we can advise whether you would be able to pursue a claim or not.

In all circumstances, we will be able to advise you whether or not you have a valid claim, where best to direct your claim and against whom. Please note that as with most claims of this nature, there are strict time limits to seek compensation. These time limits vary from country to country, however we will be able to advise you of the details at your consultation.

If you are able, it is advisable to take the following steps to assist your claim:

• Report the accident as soon as possible to a member of staff and to your tour operator at the resort
• Take photographs of the location of the accidentand any defect that you may consider to have led to your accident. Try to take as many as possible, and from different angles to help us understand the mechanics of what happened
• Obtain a copy of the report made, if one is made. If no report is mentioned, request that one be made
• Take photographs of any work done to remedy the defect following your accident
• Take down the names and addresses of any witnesses and ask them to confirm that they can be contacted to act as a witness if necessary
• Keep a record of any treatment or medical assistance you receive and keep copies of any documents you are given. If you are not given any documents, you may request records of any treatment or a discharge summary

If you are unable, or have not done any of the above, we will still be able to assist and advise you with regards to your claim.

COACH AND ROAD TRAFFIC ACCIDENTS ABROAD

At JMR Solicitors, our road traffic accident team can tailor their expert knowledge in the field to cover claims for accidents abroad as well as accidents here in the UK. Provided that the accident was not your fault, our team can deal with any accident in any country within the EU, European Economic Area (EEA) or accidents in the USA. Legislation is currently in place which means that making a claim for a road traffic accident in an EU or EEA country is as easy as making a claim for a road traffic accident here in the UK.

Types of road traffic accidents that you can make a claim for include:

• Car accidents
• Taxi claims
• Caravan or mobile homes
• Coaches or minibus
• Motorbike, moped or scooter
• Bicycle accidents
• Pedestrian accidents

If the accident that you wish to claim for occurred in the EU or EEA and was caused by a driver registered in the EU or EEA you will still be protected by EU laws, which means that you may be entitled to compensation if you were injured.

Coach accidents

Coaches are a common mode of holiday transportation and unfortunately accidents do occasionally happen. If you have suffered injury as a result of being a passenger on a coach as part of your holiday, JMR Solicitors can assist you with any claim that you may have and advise you on where best to direct your claim.

In some cases, your coach trip may have been part of a package holiday and as such your tour operator may be liable. Otherwise, if your accident took place within the EU or EEA and involves an EU insurer we may be able to assist you in pursuing your claim in the courts of England and Wales.

ACCIDENTS AT SEA

If you have suffered an injury while travelling on a ship or any other form of seafarer, while on board, embarking or disembarking you may be entitled to compensation. Compensation may also be available to those who have contracted an illness on board or suffered from food poisoning while on a cruise.

If your injury was caused as a result of a defect on the vessel, a result of a collision, capsize, explosion or shipwreck you will not need to prove that your injury was a fault of the ship operators. At JMR Solicitors, our expert legal team can advise you as to whether your claim is worth pursuing and if so, where best to direct your claim.

As with most holiday accident claims, there are strict time limits to pursuing a claim. These time limits can vary depending on the circumstances of your accident, but most claims relating to an injury at sea will need to be issued within two years of the date of disembarkation. For this reason, it is essential that you acquire expert legal advice as soon as is possible to avoid any delay in the processing of your claim.

If you are able, it is advisable to take the following steps to assist your claim:

• Report the accident as soon as possible to a member of the ship’s crew
• Obtain a copy of the report made
• Take photographs of the location of the accident and any defect that you may consider to have led to your accident
• Take photographs of any work done to remedy the defect following your accident
• Take down the names and addresses of any witnesses and ask them to confirm that they can be contacted to act as a witness if necessary

ACCIDENTS ON EXCURSIONS

Many package holidays now come with activities and excursions as either part of the holiday package or as optional extras. These activities can range from trips and days out, boat rides, scuba diving, paragliding or water sports. While the vast majority of these activities will be properly managed and monitored, accidents can still happen.

If you have suffered an injury while taking part in an organised excursion or activity that formed a part of your package holiday, you may be entitled to claim compensation from your tour operator here in the UK.

It is often the case that these excursions are booked by the tour operator representative at the resort but the excursions themselves are managed by an outside company or agency. In these cases, there may be a clause in any small print which states that the tour operators are not responsible for local excursion providers.

We can advise you on how best to argue against this defence and where best to direct your claim. It is often the case that you will be able to choose where you direct your claim, whether it be in England or in the country that your accident occurred in. There will be a number of factors which may affect our advice in this regard, but we can go through this with you. Claims of this nature can become incredibly complex, so it is vital that you seek specialist advice from the outset so as to avoid any unnecessary delays, costs and stress.

If you are able, it is advisable to take the following steps to assist your claim:

• Report the accident as soon as possible to a member of staff and to your tour operator at the resort
• Obtain a copy of the report made, if one is made. If no report is mentioned, request that one be made
• Take photographs of the location of the accident and any defect that you may consider to have led to your accident
• Take photographs of any work done to remedy the defect following your accident
• Take down the names and addresses of any witnesses and ask them to confirm that they can be contacted to act as a witness if necessary
• Make a note of what you recall about booking the excursion, eg. what you were told by the tour operator and who you were booking with. Take a note of their name.
• If at all possible, ask any other guests that were on the excursion to provide you with their contact details so that you may ask them to provide an account of what they were told by the tour operator to back up your report

AIR ACCIDENTS

At JMR Solicitors, we appreciate that any accident or injury sustained while on an aircraft can be a terrifying experience. Fortunately, aviation disasters remain a rare event however we understand that the aftermath of such an event can be incredibly stressful. If you or a loved one has been the victim of an accident while on board any type of aircraft including helicopters, light aircrafts, military aircrafts or other form of carrier, either domestically or internationally, you may be entitled to claim compensation without having to prove fault on the part of the operator.

Aviation disasters fortunately remain rare, but can have devastating impact. We have the skills and expertise to guide families through the aftermath of such a tragedy. We also appreciate that suffering any accident whilst flying above the earth is frightening and stressful. If you have been victim of an accident while travelling on board aircraft, domestically or internationally, or on a helicopter, light aircraft, military aircraft or any other form of air carrier, we are here to assist.

As with most injury claims, there are strict time limits to bringing a claim. Time limits may vary depending on the circumstances of your accident, however many claims will need to be issued within two years of the date of disembarkation. For this reason, it is essential that you acquire expert legal advice as soon as is possible to avoid any delay in the processing of your claim.