Hotels in Spain might be forced to scrap all-inclusive packages for British holidaymakers due to a large rise in the number who are claiming hotel food made them ill.

Madrid-based law firm, Rogers & Co, claims a legal loophole in the UK is making it too easy for holidaymakers to pursue false sickness claims against Spanish hotels.

Abta, the travel association, has reported a 434 per cent increase in the number of gastric illness claims made by Britons since 2013. In response to these figures, Rogers & Co expects Spanish insurance companies to start increasing their premiums for hoteliers or stop covering them against incidents of sickness on all-inclusive holidays.

A handful of fraudulent holidaymakers could spoil it for all Credit: ALAMY

“There will be a knock-on effect,” said Marie Rogers, a partner at the law firm. “Hotels are going to have to pass this onto their customers. It may be that hotels have to stop selling all-inclusive holidays to Brits.”

If hotels only offered half-board or self-catering breaks, guests would be forced to eat outside the resort. This, said Rogers, would make it harder for holidaymakers to prove their illness was contracted at the hotel.

Some illness claims are of course legitimate, but Rogers believes many holidaymakers are being encouraged to fabricate illnesses by claims management companies. Under UK law such claims are brought against tour operators, which pass their costs onto the hotel.

The issue – which has also been reported by Portuguese, Egyptian and Tunisian hoteliers – has been acknowledged by the FCO, which amended its Spanish travel advice to warn holidaymakers against making false claims.

“There have been reports of an increase in holidaymakers being encouraged to submit a claim for personal injury if they have experienced gastric illness during their stay,” said the FCO.

“You should only consider pursuing a complaint or claim if you have genuinely suffered from injury or illness. If you make a false or fraudulent claim, you may face legal proceedings in the UK or Spain.”

According to Stephen Mason, a senior partner at Travlaw, it is currently too easy for holidaymakers to pursue bogus sickness claims.

“If you suffer sickness on your holiday, by the time you get home there is very little for the medics to see – [the case] goes purely on the word of the holidaymaker,” he told Telegraph Travel. “Unless they comes across as rogues or liars then the court is going to rule in their favour.”

The typical payout for a sickness claim is somewhere between £1,000 and £2,000, which is above the threshold for it to be considered a small claim (that threshold is £1,000).

In small claims cases, costs and legal fees are not recoverable. But because sickness claims do not fall into this category, lawyers can recover their legal fees from the defendant. Consequently, this makes such cases more attractive for claims management companies.

Unfortunately it’s giving Brits a bad name

A bill has been going through parliament to raise the small claims limit to £2,000, which would have made sickness cases less attractive to claims management companies. However, that bill has been kicked into the long grass due to the election.

Abta has also been lobbying the government to put illness claims on a par with whiplash claims, which have reportedly fallen dramatically since the government put a cap on whiplash payouts.

“Something has to change,” said Rogers. “It’s horrible for Spanish hotels and unfortunately it’s giving Brits a bad name.”