Month: May 2018

Success at trial for UK holiday Makers.

The Travel Law team at Hampson Hughes recently won at trial and secured compensation for a couple whose stay at the Hotel Salgados Palace, Albufeira, Portugal was ruined by holiday illness.

Holiday illness

Unfortunately, just three days into their all-inclusive package holiday, the claimants began to feel unwell. They suffered symptoms including diarrhoea, stomach cramps and vomiting, along with nausea and fatigue. Medical attention was required.

Our clients’ holiday was ruined as a consequence.

In total, their symptoms lasted just under two weeks.

According to the claimants, food and hygiene standards at the hotel were not up to standard

Our clients report that meat and fish served in the hotel restaurant was served under-cooked and at the incorrect temperature. They believe the seafood may have been the cause of their illness.

Outcome

Despite reporting their illnesses and complaining,  the tour operator, Jet 2 disputed liability throughout the claim and refused to take responsibility for our clients’’ illnesses.

The matters proceeded to trial. The trial Judge supported our clients’ claims and settlement was secured on behalf of both of them.

Our expert Travel Law team managed to secure a total of £3923.00 in compensation for our clients on this occasion.

Here at Hampson Hughes we work with you to achieve the best result possible. We instruct likeminded experts and your case is in the best possible hands from the outset. We are with you every step of the way.

Following the successful trial, Mr Andre commented:

“The barrister appointed to represent us, couldn’t of acted in a more dignified manner if he tried.”

Holiday illness claims – expert advice

If you believe that your holiday illness symptoms are linked to poor hygiene standards within your package deal hotel, you may be entitled to holiday illness compensation. There are certain steps that you could take in support of your claim:

• Note all important dates
• Report any hygiene issues to your holiday rep
• Document any suspected poor hygiene (e.g. photo, video)

Whatever your experience with holiday illness, we may be able to help. Call our expert team of travel law solicitors today for a FREE no-obligation consultation. Call 0800 888 6 888 or email info@hampsonhughes.com.

For further information on holiday illness compensation, please see our Package Holiday Claims page.

Travel Law: New Pre-Action Protocol

The Pre-Action Protocol for Resolution of Package Travel Claims became effective on 7th May 2018. It introduced the fixed costs regime in CPR45 to package holiday claims (cruise ships excluded).

The PAP was introduced following a campaign by ABTA to clamp down on dishonest sickness claims and their associated costs. This came to light after some recently publicised fraudulent claims, many of which resulted in the imprisonment of claimant holidaymakers.

The move has been welcomed by insurance solicitors BLM, who stated it was ‘right to take uncertainty out of the process for all parties involved’.

However, The Law Society has urged the MOJ not to restrict genuine claims in efforts to clamp down on fraud. But did state that insurers should not entertain claims which lack legal merit.

It is expected the reforms will bring a significant decrease in holiday illness claims, which have increased 500% in recent years.