Holiday Illness Claims
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Virgin Holidays Complaints

Simpson Millar’s Holiday Claims Experts handle complaints from holidaymakers who book Virgin Holidays packages and suffer holiday illness through no fault of their own.

You can contact our Holiday Claims Team for free legal advice about a Virgin Holidays package holiday which went wrong – and get information about how to make a claim for holiday compensation.

You and the Law

If you book a package holiday with Virgin Holidays and something goes wrong – such as illness or injury, or your holiday is not as described in the brochure or online – you are protected under the Package Travel Regulations 1992 and you can usually make a 'No Win No Fee' claim for holiday compensation.

Time Limits for Virgin Holidays Complaints

Under the Package Travel Regulations 1992, you have 3 years in which to make a personal injury claim for holiday illness contracted or injury sustained on a Virgin Holidays package.

In the case of children who become ill on holiday, the time limit is 3 years from the age of 18.

Time limits for making a holiday illness claim are rarely extended after the 3-year time limit has passed.

If you accept a full and final settlement offer as compensation and develop further complications as a direct result of illness or injury on a Virgin Holidays package holiday, you may not be able to make a further claim.

This is why you should take legal advice from Simpson Millar before you start your claim, to make sure you get the right amount of compensation.

In cases involving a complaint about the quality of your Virgin Holidays package, you have 6 years to start court proceedings for breach of contract or misrepresentation.

How to Deal with Virgin Holidays Complaints

Important Notice: If your complaint concerns you or a family member falling ill or sick on holiday because of food poisoning – or you have suffered an accident abroad and wish to complain to Virgin Holidays – get some free advice from Simpson Millar before you contact Virgin Holidays.

If you have a complaint about a package holiday booked with Virgin Holidays, it is important that you follow the complaints procedure set out in the Terms & Conditions you received with your booking confirmation.

It is best to make an initial complaint to your Virgin Holidays representative or Virgin Holidays customer services in the UK while you are in resort, to give them a chance to put things right.

However, if you were ill or suffered an accident on a Virgin package holiday through no fault of your own – or your complaint was not resolved satisfactorily – it is likely you can make a 'No Win No Fee' claim for holiday compensation against Virgin Holidays.

  • When you return home, write to Virgin Holidays and state clearly what your complaint involves and what has happened so far eg you made a complaint in resort and send a copy of any letters or emails and the response you received.
  • Make sure you explain how your family or party was affected by what happened eg you were ill (state length of time) and the holiday was ruined, or the hotel was not as described in the brochure, or you did not receive the Rockstar service as promised and were disappointed and unable to change hotels.
  • Listing your complaint as bullet points can make it clearer and easier to read, especially if it involves several issues.
  • There is no need to be rude or sound angry in your letter – this may make matters worse and if a judge in court has to read it, a rude or sarcastic letter may not reflect well on you and might even make you seem unreasonable.
  • Keep copies of all letters and records of documents like receipts for medical expenses or out-of-pocket expenses like taxis.
  • Images and video evidence are hard to deny, so make sure you take photos of poor maintenance or lapses in food hygiene to back up your claim.
  • Be reasonable about the amount of compensation you are seeking – ask Simpson Millar for advice if necessary. Judges are not often sympathetic to claimants who ask for large sums of compensation which do not reflect the actual value of their complaint.
  • Virgin Holidays is a member of ABTA (membership number V2043) and ATOL (ATOL holder number 2358) – if you booked a package holiday, you should have received an ATOL Certificate when you booked.
  • ABTA and ATOL offer holidaymakers protection if things go wrong –and under ABTA regulations a complaint must be acknowledged within 14 days and a full response given by the tour operator within 28 days.
  • If you are unhappy with the response from Virgin Holidays, you can refer your case to ABTA’s Arbitration Scheme or make a claim through the Small Claims Court.

Useful Contacts

To find out more about ABTA’s Arbitration Scheme click here.

To find out about how you can a claim in the Small Claims Court click here.

Personal Injury Holiday Claims

If you have suffered illness or injury on a Virgin Holidays package holiday through no fault of your own, contact Simpson Millar before you write your formal letter of complaint after returning home.

Simpson Millar’s Holiday Claims Team can advise you how much your Personal Injury Holiday Claim is worth and help you make a claim against Virgin Holidays on a 'No Win No Fee' basis.

Tour operators will always try and pay holidaymakers who have fallen ill or been injured on package holidays as little compensation as possible.

Remember, if you handle your holiday illness or accident claim yourself, once you have accepted an offer from Virgin Holidays, it will be in full and final settlement and your claim will end.

Should you develop further symptoms – or your injury should become worse in the future – you may not be able to claim again. This is why you need to take advice from Simpson Millar about your claim to make sure you receive all the compensation you are entitled to.

Simpson Millar is one of the leading holiday claims firms in the UK – and our Specialist Personal Injury Holiday Claims Lawyers can offer free advice and help you make a claim for holiday illness or holiday accident compensation, if you have been ill or suffered injury through no fault of your own on a Virgin Holidays package holiday.

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