Consumer Group Warns on Holiday Compensation
In 2008, HolidayTravelwatch was contacted by families affected by illness following their stay at a hotel in Mexico. All were ill and some were diagnosed with Cryptosporidium and Shigella, in one case, one little girl had contracted both illnesses. Subsequent reports confirmed diagnoses of Entamoeba Histolytica, Rotavirus & Amoebic Dysentery amongst other holidaymakers.
Complaints from this hotel included the following; faecal element in the swimming pool, the staff either never cleaned the pool or following complaints to the management, they simply poured chlorine into the pool. Some holidaymakers entering the pool could smell the feacal element on their skins and one child’s hair turned green. There were reports that the bottom of the pool could not be seen. The food was undercooked. One fish dish was served raw, food on serving dishes were frozen on the bottom, salads were stuck to the plate. There were rat/rabbit like creatures running around the pool areas. Tap water smelled of sewage.
Upon return to the UK, one holidaymaker received an undisclosed sum of money from the tour operator within days of her return in satisfaction of her claim. Another holidaymaker reports that she received a telephone call from the tour operator’s legal department, to advise there was a cheque in the post for the full amount they had paid for the holiday. The holidaymaker was advised by the travel agent that such action was unusual, they had never heard of any holidaymaker receiving their money back so quickly! The holidaymaker spoke to the tour operator for an explanation; they were then offered £6,000. This was an increase on the £5000 already offered – they were being offered a further £1000 in satisfaction of their claims. The holidaymaker confirmed that they had Amoebic Dysentery, the representative from the tour operator’s legal department informed the holidaymaker that Dysentery is prevelent in England and it was found in a large number of primary schools.
In a separate case, one man accepted £600 for each of his 3 sons who had contracted Cryptosporidium without seeking legal advice.
In another case, HolidayTravelWatch was made aware of a plane load of holidaymakers finding a cheque for over £200 in their post box upon their return, following their complaints of holiday illness.
Such experiences raise several questions on the issue of compensation and legal dealings:
-
Are holidaymakers aware that they should never settle claims without seeking legal assistance?
-
Why are children’s claims being settled without legal assistance or the courts approval?
-
Are travel industry legal department’s taking an unfair advantage?
HolidayTravelWatch notes the provisions of the Solicitors Code of Conduct 2007 and the Institute of Legal Executives Code of Conduct.
In particular we note the Solicitors Code at Rule 1 which comments that solicitors not only have obligations to the client and the court, but also to third parties.
Rule 10.1 states that, “You must not use your position to take unfair advantage of anyone either for your own benefit or for another person’s benefit”.
The guidance to Rule 10 states that, “Particular care should be taken when you are dealing with a person who does not have legal representation”.
It further adds, “In the circumstances you should suggest the opponent finds legal representation. If the opponent does not do so, you need to ensure that a balance is maintained between doing your best for the client and not taking unfair advantage of the opponent’s lack of legal knowledge and drafting skills”.
The Code of Conduct for the Institute of Legal Executives states that Legal Executives should, “Observe the same standards as solicitors”.
Frank Brehany, the Senior Consumer Advocate for HolidayTravelwatch states,
“The continuing trail of misery remains a constant disappointment. As 2009 opens up, we are again witnessing a consistent pattern of complaints from many holiday destinations. I am concerned that some holidaymakers are resolving their claims without obtaining the necessary legal advices. I am also concerned that some travel industry legal departments appear not to be advising holidaymakers to seek legal advices within these complex claims. It’s simple, if a tour operator is confident with their position, then they should employ good legal practice and advise the holidaymaker to seek legal advice, or in the case of a child, put the compensation offer before the court for approval. Holidaymakers must not compromise their access to fair and just levels of compensation; the best way to secure their rights is to follow our 12 Golden Rules of Travel“.
Tags: Code of Conduct - Institute of legal Executives, Compensation, Solicitors Code of Conduct
HTW has noted that amongst the submissions to the Committee on Toxicity (COT) it has been suggested that the symptoms highlighted by crew and passengers were akin to the condition of hyperventilation.
HTW has for many years received reports from concerned holiday makers or independent travellers as to the safety of their aircraft, ship or boat, train or road transport.
