Holiday Complaints and Holiday Illness Glossary
HolidayTravelWatch have compiled a list of the most common holiday illnesses, holiday diseases and those terms that apply to holiday complaints. We regularly add to this glossary, but we welcome any additions that you feel may help our site visitors. Please contact us if you wish to add to the glossary.
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16. Compensation for Holiday Claims
If your claim is successful, you will be awarded compensation. The amount of compensation will depend on the circumstances of the case. In holiday claims against tour operators, damages may be recovered for all or some of the following (please note this list is only intended to be a guide to what you can claim, you should always check with a solicitor who should be able to guide you further): • Diminution in holiday value: In other words, a sum to compensate you for the holiday you paid for but did not get. This award is generally capped at 100% of the holiday cost. • Loss of enjoyment of holiday/mental distress and anxiety: This can be assessed by reference to a daily rate which currently may be up to £150.00 per day or more for each day your holiday was affected, or a percentage of the holiday cost. • Pain, suffering and loss of amenity: You will be awarded damages assessed by reference to the duration and severity of any illness or injury and long term consequences. • Special damages and future losses: This includes any loss of earnings, travelling expenses, damaged or lost personal possessions, and any private medical or therapeutic expenses.
17. Condition (Contract Law)
Is a term of the contract. If it breached, the innocent party has the right to treat the contract as cancelled.
18. Consideration (Contract Law)
This is money or something of value which is given in return for another’s promise to supply a product or some other service.
19. Consumer Protection from Unfair Trading Regulations
These are new regulations designed to protect the consumer from unfair trading, undue influence or misleading actions and omissions. These regulations repeal much of the pre-existing consumer laws in the UK.
20. Contra Preferentum Rule (Contract Law)
Where a contractual document is not clear or unambiguous, the least favourable interpretation of the document will be applied against the person seeking to rely upon the contract.
21. Contract
Is an agreement with the intention of creating legal relations between the parties. It can be written or otherwise, which is intended to be binding on both parties, in return for a product or service in return for money or other consideration. Contracts can be made either by Deed, In Writing or Evidenced in Writing.
22. Corporate Manslaughter & Corporate Homicide Act
An Act designed to create accountability within the management structure of a company where a product or service is provided. There is considerable debate as to whether the Act applies to a death caused by a holiday illness or accident.
23. Cryptosporidium
Cryptosporidium is a protozoan parasite (a tiny organism) that causes an infection called cryptosporidiosis affecting people and cattle. The most common symptom is watery diarrhoea, which can range from mild to severe. Cryptosporidiosis is most common in children aged between 1 and 5 years, but it can affect anyone. People with weak immune systems are likely to be most seriously affected. Cryptosporidium is found in soil, food, water, or surfaces that have been contaminated with infected human or animal faeces. Transmission occurs through animal-to-human or human-to-human contact. People may also be infected by consuming contaminated water or food, or by swimming in contaminated water (for example in lakes or rivers). Infection is frequently associated with foreign travel. The incubation period is 2–5 days. Very low numbers of oocysts are required for infection. The organism is chlorine-resistant and small enough to pass most water filters.
24. Damages (Contract law)
Damages are designed to put the injured party in the same financial position as they would have been in, had the contract been carried out.
25. Dengue Fever
Dengue Fever (also known as break bone fever) is a debilitating, viral illness that is transmitted by the day-biting, Aedes spp of mosquito. It has increased in prevalence over the past decade and is, according to the World Health Organization, the most significant arthropod-borne viral disease worldwide. It is endemic in approximately 100 countries, threatening about 40% (2.5 billion) of the world's population.
26. Discharge of a Contract (Contract Law)
There are four ways in which a contract can be discharged; performance of the contract, discharge by agreement, discharge because the contract has been breached or discharge because the contract cannot carry on because it is frustrated.
27. Duress (Contract Law)
This is where someone is forced into a contract, for example by threats of violence.
28. Dysentry
Shigellosis, also called bacillary dysentery, is caused by four species #58; Shigella dysenteriae, Shigella flexneri, Shigella boydii and Shigella sonnei. Bacillary dysentery is primarily a human disease often acquired by drinking water contaminated with human faeces or by eating food washed with contaminated water. Illness, which can result following the ingestion of 10-100 cells, is common amongst young children although infection occurs in all ages after travel to areas where hygiene is poor. The illness is characterised by diarrhoea, sometimes with blood and mucus. Invasive disease is rare but extra intestinal complications (e.g. Haemolytic Uraemic Syndrome) can occur.
29. E-Coli
Verotoxin-producing Escherichia coli (VTEC) are found in the intestines of cattle, and thus the commonest sources of infection are consumption of contaminated foodstuffs and direct or indirect contact with animals (usually bovines) or their by-products. Undercooked beef (in particular, mince) or milk have been implicated, but other products have also become contaminated (apple juice, water, cheese etc.). There is a significant risk of person-to-person spread within households and institutions. The best known is E-Coli O157
30. Entamoeba Histolytica
Entamoebae are single-celled parasites that parasitise vertebrates (including humans) and some invertebrates. At least six species of Entamoeba are able to colonise the gut of man, but only one (E. histolytica) causes disease. Infection with E. histolytica is known as amoebiasis.
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.
