£6,750 compensation award after hotel parasite blighted holiday
A 55-year-old man whose Indian holiday was ruined due to an intestinal parasite has been awarded damages against his UK tour operator.
The holidaymaker began to feel ill shortly after his February 2013 arrival at the Baywatch Resort Hotel in Goa, India.
2 separate infections – 1 hotel source
Completing a successful claim against Thomas Cook, Simpson Millar LLP’s Andrew Tarling said: “Once medical evidence had been obtained from a gastroenterologist, it became clear that our client had suffered from 2 separate infections.”
“The first severely disrupted his holiday, while the other struck him on his return to the UK.”
“Unacceptably poor” hygiene was a problem
A medical examination in Britain revealed that the holidaymaker had most likely suffered a gastro-intestinal disorder, caused by either viral, protozoa or a bacterial parasite.
“Medical evidence suggests that this was likely ingested after consuming contaminated food, drinking water and/or swimming pool water at the Baywatch Hotel,” Andrew continued. “Unacceptably poor standards of hotel hygiene were the likeliest source of the illness. It ruined his holiday.”
Contaminated food or pool water
Giardia is known to cause illness when an individual ingests food or water contaminated by an infected carrier’s faeces.
Andrew added: “Once the couple had arrived home our client’s wife also became ill with similar symptoms, almost certainly due to contracting giardia while they were at the hotel.”
A 4-star, all-inclusive beach resort hotel close to the region’s capital of Goa Margao, the Baywatch is a popular package destination for Britons during the holiday season.
According to current legislation protecting package holidaymakers, the tour company is liable for any negligence on the part of its hotels. “The illnesses sustained by our client and his wife should have been avoidable had Thomas Cook and its hotel partner exercised all due care,” Andrew said.
“For this reason we wrote to the firm alleging 34 breaches of the Package Travel Regulations 1992, from failure to monitor the incidence of sickness among guests to neglecting to set up a faecal accident plan for the hotel’s swimming pools.”
Client happy with compensation
Although Thomas Cook was initially reluctant to accept responsibility, in due course it agreed to a compensation settlement of £6,750.
Our client, who is self-employed, praised the “sincere, professional and to-the-point” way in which we closed his case.
“I found Andrew Tarling [to be] a superb communicator, informative and professional.” He added that he would “definitely” recommend Simpson Millar LLP’s services to anyone facing similar problems.
Andrew concluded: “This successful outcome for our client shows that compensation can be recovered for a ruined holiday, even where a tour operator is not at first willing to make offers or admit responsibility.”