All-inclusive holidays are associated with carefree relaxation, where you don't have to worry about food or drink. Unfortunately, this very model of relaxation can also be a source of unpleasant surprises – food poisoning in all-inclusive hotels is one of the most common causes of complaints to travel agencies after returning from vacation. Buffet-style meals, long hours of food exposure in the sun, shared serving dishes, and a large number of guests sharing the same stations all contribute to the growth of bacteria, resulting in food poisoning that can ruin the rest of the trip. The good news is that Polish law gives injured tourists real tools to seek compensation, provided they properly document the situation.
Legal basis – liability of the tourist event organizer
The Act of 24 November 2017 on Package Travel and Related Tourist Services (hereinafter referred to as the "Act"), which implements the EU directive in this regard, is of key importance here. According to this Act, the tour operator is responsible for the proper performance of the entire package, including the quality and safety of the meals offered as part of an all-inclusive package, even if the meals are prepared and served by the hotel rather than the travel agency itself. The tour operator's liability is objective – this means that, as a rule, it is not necessary to prove fault in the classic sense; it is sufficient to demonstrate that the service was performed improperly (Article 48, Section 1 of the Act), meaning that the meals were hazardous to health and the tourist suffered harm as a result. A travel agency may be exempted from liability only in narrowly defined situations (Article 50, paragraph 3 of the Act), for example when it proves that the cause of the poisoning was the tourist's own behavior, the action of a third party unrelated to the provision of services covered by the contract, or force majeure – in practice, such circumstances rarely apply to food poisoning contracted in a hotel.
How to prove that poisoning occurred in a hotel
The biggest practical challenge in such cases is proving a causal link between the food consumed at the hotel and the onset of symptoms. Therefore, it is crucial to react as quickly as possible on-site, during your stay. First and foremost, it is advisable to immediately report any complaints to the hotel receptionist or the travel agent (Article 48, Section 2 of the Act), preferably in writing, or at least request written confirmation of the report, and request an entry in the complaints and claims book, if the hotel maintains one. It is also essential to see a doctor – either at the hotel or at a local medical facility – and obtain medical records describing the symptoms, diagnosis, and treatment administered. It is advisable to keep all receipts for medical consultations, medications, and additional tests, and if multiple hotel guests have suffered from food poisoning, it is advisable to collect their contact details – mass illnesses are much stronger evidence than a single, isolated case, as they are more difficult to explain by the tourist's individual sensitivity or accidental consumption of something outside the hotel. Documenting the sanitary conditions at the hotel can also be helpful, for example, with photos of the buffet, if they show violations of basic food hygiene principles.
Submitting a complaint to a travel agency
Upon returning to Poland, the claim must be immediately submitted to the tour operator in the form of a written complaint, detailing the course of the event, symptoms experienced, treatment received, and costs incurred, as well as the requested amount of compensation and damages. It is worth remembering that the limitation period for claims related to non-performance or improper performance of the contract is three years (Article 50, Section 4 of the Act).
What can you demand?
The scope of claims available to injured tourists is quite broad (Art. 50, sec. 2 of the Act). First, they can seek reimbursement for medical expenses incurred – medical visits, medications, tests, or even additional overnight stays if extended stays were necessary due to health conditions. Second, they are entitled to a reduction in the price of the package for the period during which services were performed improperly (Art. 50, sec. 1 of the Act), which in practice means a proportional refund of a portion of the price paid for the trip for the days when the tourist was unable to fully enjoy their vacation due to illness. Third, if the poisoning significantly affected the quality of their vacation – preventing them from enjoying attractions, the beach, optional excursions, or simply ruining a vacation that was supposed to be a time of relaxation – they can seek compensation for the so-called wasted pleasure of the vacation (this term is known in case law as "wasted vacation").
What if the travel agency refuses or understates compensation?
Tour operators often attempt to dispute the causal link between the hotel stay and the onset of symptoms, suggesting that the tourist may have contracted the illness elsewhere, for example, during a trip outside the hotel, or that their symptoms had a different cause. In such situations, it's worth seeking legal assistance, as properly collected medical records, combined with reports from other hotel guests who fell ill at the same time and any previous complaints about the hotel, can usually effectively refute such arguments. If amicable attempts to obtain compensation from the travel agent are unsuccessful, the case can be taken to court.
Summary
Food poisoning at an all-inclusive hotel doesn't have to end with ruined vacation memories – the law provides solid grounds for seeking compensation from the tour operator, both for medical expenses and for wasted vacation time. However, the key to a successful case is proper documentation of the incident during your stay – reporting the problem on-site, seeing a doctor, and retaining all medical records. If the travel agency refuses to honor your claim or offers compensation that is grossly disproportionate to the damage suffered, it's worth consulting with a law firm, which can help you accurately estimate your claim and effectively pursue it.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of July 22, 2026.
Author / Editor of the series:
