Holiday Illness Claims for Package Holidays
If you booked a package holiday through a UK organiser and became ill because of the services forming part of it, such as contaminated food or unhygienic conditions, you may be able to claim against the organiser under the Package Travel Regulations 2018. You will need medical evidence and proof that the illness was caused by the holiday, and the general time limit for personal injury is 3 years.
Who Can Be Liable
Direct Answer: For a package holiday, the UK organiser is generally responsible for the proper performance of the services in the package, including where an illness is caused by the hotel or its food.
That makes the tour operator the usual defendant rather than a hotel overseas. Independent bookings of flights and hotels separately are treated differently, and the position depends on whether your booking counts as a package, so check how it was sold.
What You Need to Prove
You must show that you became ill, that the cause was linked to the holiday services, and the effect on you. Useful evidence includes medical records from during or after the holiday, a stool sample result where one was taken, photographs of conditions, your report to the rep or hotel on the day, and the accounts of others affected. Delay in seeking medical help or reporting can weaken a claim.
Time Limits
For personal injury, the general limitation period in England and Wales is 3 years from the date of the injury or the date of knowledge. Claims for illness are subject to close scrutiny by insurers and courts, so only bring a claim that is honest and supported by the facts.
Frequently Asked Questions
Can I claim if I got ill on a package holiday?
Who do I claim against?
What evidence do I need?
What if I booked flights and hotel separately?
How long do I have to claim?
Can I bring a holiday sickness claim on a no win no fee basis?
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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.
- Package Travel and Linked Travel Arrangements Regulations 2018 (SI 2018/634)
Makes the UK organiser of a package holiday liable for the proper performance of the package, including injury caused by services forming part of it — even where the injury happened abroad — subject to defences including local safety-standard compliance.
- Limitation Act 1980, s.11 (personal injury actions)
Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.
- Courts and Legal Services Act 1990, s.58 (conditional fee agreements)
The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 18 September 2026. Next review due 18 March 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.