Month: June 2020

How to Claim Compensation for Cyclospora on Holiday

If you fall ill with Cyclospora on holiday and believe it’s due to poor hygiene standards at your hotel or resort, you may be entitled to compensation and we can help you make a claim.

We’re specialists in travel law, with many years of experience handling holiday sickness claims, particularly in countries where outbreaks are common. These include:

  • Egypt
  • Dominican Republic
  • Mexico
  • Tunisia
  • Turkey
  • Cape Verde
  • Tenerife
  • Caribbean
  • Spain
  • Morocco

Claiming Compensation for Cyclospora

Holiday tour operators are required to act with reasonable skill and care when providing holidays and are required to serve food that is safe for consumption. So if you fall ill as a result of eating contaminated food or due to a lack of reasonable hygiene, you may be entitled to claim compensation.

What causes Cyclosphora?

Cyclospora can occur when a parasite attaches itself to fruit and vegetables that have been contaminated with human faecal matter. So if contaminated water, for instance, is used to wash fruit and vegetables at an all-inclusive resort, there’s a good chance other people will be infected by consuming items such as salad, desserts that include fruit and cocktails that contain fruit or herbs such as mint and coriander.

The nature of many gastric illnesses means you may not know exactly what condition you’ve got unless you’re tested for it. So it’s important to consult a doctor or medical professional and ask for a stool sample test to be carried out. This should identify exactly what specific illness you’ve got and ensure you’re given the correct course of treatment.

You should also report any symptoms to a member of the hotel staff as soon as possible, as well as your tour operator. Make sure you keep any correspondence and receipts related to your illness and medical treatment on holiday, as this can be vital as we put together your claim and calculate how much compensation you should be entitled to.

Cyclospora has a particularly long incubation period – often up to 2 weeks – so it may be the case that you don’t start showing symptoms until after you’ve come back to the UK. If that’s the case, you might not immediately make the connection between a stomach illness and something you ate while you were on holiday.

So again, it’s very important for you to get medical attention as soon as possible, so a doctor can identify exactly what condition you may have and what could have caused it, and then treat you accordingly.

Symptoms of Cyclospora

Common symptoms of Cyclospora include:

  • Stomach cramps
  • Nausea
  • Diarrhoea
  • Vomiting
  • Aching in legs, hands and feet
  • Headaches
  • Nausea
  • Fever
  • Bloating
  • Increased gas
  • Tiredness
  • Loss of appetite
  • Weight loss

Many of these symptoms are common across many different gastric illnesses. That’s why it’s crucial for you to see a doctor as soon as you fall ill so you can find out exactly what condition you’ve got.

What Can I Claim Compensation For?

If you fall ill with Cyclospora because of hygiene failings at your holiday hotel, you could be able to claim compensation for:

  • Pain and suffering
  • The period of your holiday that was ruined because of your illness
  • The loss of enjoyment of your holiday
  • Personal expenses, such as travel insurance excess and medical fees
  • Loss of earnings if your illness has meant you were unable to work
  • Any care, treatment and rehabilitation costs you may have paid or will need to pay in the future

If we take on your case, our Holiday Claims Solicitors will arrange for you to undergo an independent medical assessment and look at the financial impact of your illness so you get the compensation settlement you’re entitled to.

£4,000 Compensation for Salmonella on Holiday

We helped a man secure £4,000 for Salmonella on Holiday

Our client went on an all-inclusive holiday at the RIU Palace resort in Playacar, Mexico with his partner, where flights, transfers and accommodation were all included in the price, and meals and drinks were provided on site. The hotel complex had several restaurants, including a main buffet and a poolside bar.

About 10 days into the holiday, he started suffering stomach pains and sickness, which developed into severe diarrhoea and occasional vomiting. He then spotted blood in his diarrhoea.

He decided not to take any medication for his symptoms, instead choosing to drink lots of water to try to flush out the sickness bug. Meanwhile, he carried on trying to enjoy his holiday, as he didn’t want to spoil it for his partner.

But his condition forced him to spend lots of time in his room, and he was going to the toilet 8 or 9 times a day. On top of this, he didn’t want to eat as he feared the consequences.

Our client and his partner hadn’t yet gone on any excursions, but had thought about doing so later on in their holiday. But given his condition, this wasn’t an option.

He chose not to report his symptoms to hotel staff or the tour operator rep, and hoped he would make a full recovery after returning to the UK and going back to normal foods. But this wasn’t the case, and he continued getting severe cramps and pulling pains in his stomach. In fact, his symptoms started getting worse as he was seeing more blood in his stools.

He decided to contact his GP, and after a stool sample was taken, he tested positive for Salmonella. It was just over 3 weeks after first becoming sick that he finally felt fully back to normal. But he wasn’t able to go to work during this time, which was costly as he was self-employed.

The sickness also affected other aspects of his life. For example, he was so drained by his Salmonella symptoms that he couldn’t take his son to football for several weeks, and while he didn’t weigh himself throughout this period, people started noting that his face looked a lot thinner, which suggests he lost some weight because of his Salmonella sickness. His experience has also put him off eating spicy food.

How We Helped

He blamed tour operator TUI for contracting Salmonella on holiday, as he never ate outside the hotel complex during his stay. He approached our team of Holiday Claims Solicitors for help claiming compensation, and Associate Solicitor James Blower took on his case.

James arranged for our client to undergo an independent medical examination and assessed the financial impact of his illness. This helped to calculate how much compensation our client may be entitled to from TUI.

James approached TUI, and in presenting the case argued that there were several food hygiene failings at the RIU Palace resort in Playacar that led to our client falling ill.

For example, the quality and temperature of the buffet food was variable, depending on what time people went to the restaurant, as some of it was lukewarm and had been left out for quite some time.

Our client also never saw a probe being used to check the temperature of the food while dining in the buffet. He also didn’t see any hand sanitisers being used by staff in any of the hotel restaurants, and pointed out that if they were there, their use wasn’t being encouraged.

The design of some of the eating areas was also found to be problematic. For example, while some of the restaurants were fully enclosed, the lunchtime buffet location had roofs but were open at the sides. This meant birds and insects could fly around inside the dining and food serving area, land on tables and take leftover food on plates. They would also go on the floor after food had been dropped.

James argued that since our client had only eaten food from the hotel during his holiday, food hygiene standards mustn’t have been acceptable for Salmonella to happen. TUI had a duty of care to make sure proper checks and inspections took place and so were liable (at fault) for his illness.

The Outcome

Following negotiations with TUI, we secured a total of £4,000 in compensation for our client. This helped to make up for the earning opportunities our client had missed out on while he was sick.

The compensation payout also helped to compensate him for the period of the holiday that was ruined by his illness, as the holiday had cost £5,000 in full.