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Legal Considerations for British Tourists Affected by Illness in Cape Verde while on Holiday
The recent developments in Cape Verde, where widespread illness among UK holidaymakers has seen over 1,700 British nationals suffering from serious gastrointestinal illness initiating legal action against the TUI Group, contending that TUI breached its legal duty of care under the Package Travel and Linked Travel Arrangements Regulations 2018. It has been reported that there have been eight fatalities which are being investigated under UK travel law and there is the potential for further cases continuing into 2026. TUI has denied liability, stating that customer health and safety is its "highest priority". The company is conducting its own investigation but claims it has not yet been granted access to a full, unpublished health report from the Cape Verde authorities.
This highlights the need for clarity on tour operator obligations, rights of travellers and procedural requirements for pursuing claims. The circumstances raise complex legal issues involving not only the tour operator's duty of care and contractual obligations but also compliance with travel law and potential claims for personal injury and wrongful death.
Scope of the Outbreak
The claimant alleges that TUI failed to ensure that the hotels reached reasonable standards of hygiene which, in turn, has led to outbreaks of severe gastric illnesses. Since 2022, UK authorities have been notified of multiple cases of gastrointestinal infections, including Shigella, Salmonella, E. coli, and parasitic infections such as Cryptosporidium, affecting tourists visiting Cape Verde. Which have resulted in severe symptoms, occasionally resulting in hospitalisation or long-term complications.
The Liabilities that extend to tour operators
- Obligation of Duty of Care
Under the Package Travel and Linked Travel Arrangement Regulations 2018 there is an obligation to ensure that the regulations are being correctly observed and that all steps are taken to mitigate any risks by providing adequate standards of accommodation and appropriate medical support is available when required. A breach of this duty may give rise to claims for personal injury, financial loss, or in extreme cases, wrongful death.
- Case Law
Where holidaymakers suffer illness due to substandard conditions or negligent management at contracted hotels or resorts, tour operators may be held liable. The evidence, including contemporaneous documentation, medical records and witness testimony, is central to substantiating claims.
Practical Considerations when Pursuing a Claim
- Evidence Collection includes:
- Medical records confirming illness and treatment.
- Booking documentation related to the holiday, including travel itinerary and resort information.
- Photographic or video evidence of conditions at the accommodation.
- All correspondence with the tour operator and travel insurers.
- Procedural and Timing Considerations
- There are statutory time limits within which legal claims must be brought.
- Procedural requirements must be strictly complied with. It is strongly recommended that an England and Wales
- An appropriately qualified lawyer is recommended to be instructed to assist as it is crucial to ensure compliance and to ensure the preservation of any relevant evidence.
- In many instances, claims may be initiated in the High Court or via alternative dispute resolution mechanisms.
Compensation and Redress
- Recoverable Losses. Potential claims may include:
- Personal injuries damages resulting from physical harm, suffering, and loss of amenity.
- Financial loss including medical expenses, loss of earnings, and additional travel costs.
- Non-economic loss such as distress, inconvenience, or diminished quality of life.
Travellers should be aware that whilst travel insurance may cover a wide range of financial losses, however, there may be a potential for an individual to make legal claims against the tour operator in order to seek compensation for broader damages. A personal injury lawyer will be able to determine the scope of the cover.
If you have experienced an incident whilst on holiday here is a checklist that will clarify and support your claim:
- Retain all holiday documentation and receipts.
- Obtain medical treatment and records promptly.
- Report illness to the tour operator while still abroad if possible.
- Document accommodation and food hygiene conditions.
- Maintain all correspondence with insurers and tour providers.
- Review travel insurance for applicable coverage.
- Consult a solicitor experienced in travel law.
- Understand statutory time limits for claims.
- Collate a timeline of events and symptoms.
- Ensure you evaluate potential financial and non-financial losses.
Giambrone and Partners can assist with assessing the scope of the travel company’s liability and advise on compliance with the time limits. As well as assisting complainants with managing a claim from England and Wales providing that there is sufficient evidence and dealing with liability denials. Our cross-border lawyers are highly experienced in dealing with personal injury matters involving personal injury claims arising from illness abroad.
Should you wish to know more about how to claim please click here.