Unfortunately gastric illnesses can occur when holidaymakers consume food and drink in hotels or restaurants of unsatisfactory quality. Food that is contaminated with bacteria in sufficient quantities to cause illness is not “fit for purpose” or of “satisfactory quality” and therefore a victim can take an injury compensation claim under the provisions of the Package Holiday and Travel Trade Act 1995.
If a holidaymaker can establish that his gastric illness was caused by the consumption of contaminated food and drink, the Tour Operator will have to compensate the holidaymaker even if the contamination was not caused by any failure on the part of the Tour Operator to exercise reasonable skill and care in the provision of the holiday itself.
The Package Holiday and Travel Trader Act 1995 applies to package holidays offered for sale or sold in this State and provides protection for consumers while on a package holiday, especially when the holiday is abroad.
In order to come within the protections of the 1995 Act, the holiday must come within the definition of “package” which is set out in Section 2 of the Act. This is defined as meaning a combination of at least two of the following components pre-arranged by the organiser when sold or offered for sale at an inclusive price and when the service covers a period of more than 24 hours that includes overnight accommodation: –
(a) Transport
(b) Accommodation
(c) Other tour services not ancillary to transport or accommodation accounting for a significant portion of the package.
What Should I Do if I Suffer Food Poisoning When on Holidays?
These are the following practical steps you should take if you believe that you have contracted food poisoning and have booked your holiday through a Travel Agent and/or Tour Operator –
(a) A copy of the incident report form completed by you and/or the Tour Operator and/or the hotel/resort where you consumed the contaminated food.
(b) Details of complaints of a similar nature for an appropriate period prior to your injury.
(c) Copies of the booking invoice and terms and conditions of the Tour Operator/Travel Agency.
Having an accident abroad can be very stressful and sometimes people don’t know what their legal rights are to claim compensation for their injuries. It is very important to seek advice from Solicitors that have experience in dealing with overseas claims. Our firm has such experience as our Managing Partner Liam Moloney deals with these claims and is a member of TATLA which are the Travel and Tourism Lawyers Association based in the United Kingdom.
For a no obligation case assessment please feel free to contact Liam Moloney today at info@moloneysolicitors.ie for further information and advice.
