All Inclusive holiday in Mexico and a Claim for Holiday Sickness
A family of 4 from the Manchester area have recently contacted us asking for help with a claim for holiday sickness, having experienced the holiday from hell in the summer of 2015.
Booked through Thomas Cook in the Trafford Centre, the all-inclusive holiday to Mexico was meant to be the family’s holiday of a lifetime.
The family had been saving up for quite a while, as being almost £1,500.00 per person, the adventure couldn’t be described as cheap.
Neither the parents, nor the children, ate or drank outside of the hotel. Indeed, why would you when you have paid extra for all inclusive?
Unfortunately, the holiday didn’t go to plan and ended with a claim for holiday sickness.
Why the family needed to make a claim?
Soon into the holiday, the youngest son became violently ill, vomiting and experiencing terrible nausea and stomach cramps.
Shortly after, the older child became ill with similar symptoms, leaving the parents to cope with 2 very sick children whilst they were supposed to be relaxing and enjoying themselves.
Worse, however, was yet to come.
Suddenly, the father of the children became ill and only a few of hours later, the mother began to suffer similar symptoms.
The whole family was, therefore, restricted for several days to the hotel room and instead of enjoying a view of the tropical Caribbean and the crystal sands of the private beach, they spent several days looking at the back of the toilet door.
Despite reporting the illness to the Hotel Reception and the Holiday Rep and being directed to the local pharmacy, the illness continued and appeared to be getting worse.
The cause of the holiday sickness
Finally, the hotel doctor was called, who prescribed the family with anti-nausea medication and painkillers.
It would appear that a large number of fellow guests were also suffering from food poisoning type symptoms as, unfortunately, several guests soiled themselves in the hotel pool.
It is fair to say that, at that point, the holiday was completely ruined for the family of 4.
Upon returning to the UK, they made their way to the local GP who diagnosed them with food poisoning, or in medical terms, gastroenteritis.
Subsequent holiday sickness claim
The family naturally complained to Thomas Cook, who unfortunately, did little or nothing about the complaint and seemed intent on fobbing them off.
That’s where our team came in. We first sent a Letter of Claim to the travel agent.
Medical evidence was also obtained and forwarded from a Professor of Gastroenterology, which confirmed on the balance of probabilities the entire family had suffered food poisoning.
It is important at this stage, not to be fobbed off by the holiday company and their expensive lawyers. They will often simply state that you had the so-called ‘travellers’ diarrhoea’ and that every person from the UK who goes abroad, often suffers from stomach problems simply as a result of ‘foreign water, foreign food, a change in climate, and the hot weather’.
Travellers’ diarrhoea is a fallacy.
The World Health Organisation (WHO) has confirmed that the reason people become ill is because of bacterial pathogens.
In any event, Britain’s favourite meal is now curry and almost a half of the food that we eat in this country comes from abroad.
It is simply incorrect to say that the change of diet, therefore, could cause these symptoms. Nobody who eats a different type of pineapple abroad suffers uncontrollable vomiting as a consequence.
We gave the holiday company plenty of time to negotiate settlement. Despite being provided with early medical reports and Schedules of Loss, they continued to prevaricate.
The Treadstone Law team, therefore, issued proceedings and – low and behold, generous offers of settlement then arrived.
The whole claim settled for just over £16,000 plus legal costs in full.
The family will never get the time that was wasted in Mexico back. But at least now they will have enough money to buy another holiday of their dreams. Hopefully it won’t turn into another nightmare.
If you’ve had a similar holiday from hell, we’d like to talk to you. We can help you make a holiday sickness claim. Contact us and our NO WIN NO FEE Solicitors will fight your case.
