Holiday disaster could spark no win no fee claims
Many of us have had a holiday which did not turn out the way we expected and in many cases people fall ill on holiday as a result of poor hygiene standards at their hotel.
But what many people do not realise is that they can easily claim compensation on a no win no fee basis after returning to the UK.
Regardless of whether you have travel insurance, if you fall ill abroad as a result of the level of hygiene at your hotel, you could well be able to claim some compensation for your illness.
British tourists are lucky enough to be protected by extremely powerful consumer regulation laws, brought into place in 1992 under the Package Travel Regulations Act.
These watertight regulations enable tourists who are let down by their tour operator to bring a claim for compensation against that tour operator on return to the UK, under UK law.
And holidaymakers in Mexico may be tempted to do just that after reports that the entire population of one hotel have been struck down with a mystery illness.
The Reef Playacar Hotel in Playa Del Carmen, on Mexico’s Riviera Maya coast has been the subject of numerous complaints after the majority of its guests have fallen ill. One holiday website even claims that every single guest has symptoms.
Officials at the hotel and from various tour operators are claiming that the disease which has affected so many at this hotel was actually brought in from the UK and has not arisen from poor hygiene standards at the hotel. However, other sources claim that evidence of Cryptosporidium, a bacteria often found in places where the standard of hygiene is low and which is passed in through water. It is particularly common in places where there is a pool which is not cleaned effectively.
The pool could also be the main point of infection, with the bacteria rapidly passed on to everyone who uses the pool, if this is the cause of the outbreak of illness.
Andrew Morton, a travel law specialist who works on a no win no fee basis, said of the outbreak:
“Tour operators sending holidaymakers to the Reef Playacar hotel, Playa del Carmen, on Mexico’s Riviera Maya coast, have been inundated with complaints, which as yet they seem unable or unwilling to deal with.”
“They are telling clients that it is a ‘Roto-virus brought in from the UK’, but evidence of Cryptosporidium, which is a bacteria, has been found, which would indicate poor standards of hygiene. Cryptosporidium can be transferred in water, with swimming pools a common source of infection.”
He advised holidaymakers “Anyone returning to the UK from the Playacar hotel who suffered sickness should see their GP immediately for tests. In addition, if they are unhappy with the way their tour operator has treated their complaint, they should see a solicitor who specialises in travel law.”
“Evidence of any medicines purchased, copies of complaints forms filled in and the names and contact details of fellow guests who can confirm their illness, is particularly useful in pursuing a claim for compensation.”
Updated on 9/24/2008