HM Insights

Couple successfully sues travel agent following food poisoning on honeymoon

A couple successfully sued a leading UK travel agent after the groom fell ill as a result of food poisoning whilst on honeymoon – and received £4400 in compensation after being offered only £200 in the first instance.

Honeymoon Holiday Food Poisoning

Harper Macleod represented the newly-wed couple who booked their dream holiday at a resort in Cancun, Mexico.

The case

The groom became unwell on the first day of the holiday, suffering from severe sickness and diarrhoea that was later discovered to be linked to food poisoning. He was hospitalised and put on a strict diet of grilled meat and vegetables along with bottled water.

That ruled out any ideas of sampling some of the local cuisine while experiencing the local nightlife was out of the question.

The honeymoon was over before it even began. As a result of the severe sickness, the couple were unable to do the activities they had been looking forward to such as swimming with dolphins, scuba diving and paragliding. A simple day at the pool sunbathing was also a no-no because the groom was unable to withstand long periods in the sun. They attempted to transfer onto an early flight home but were refused and had to wait out the rest of the trip.

The claim

Back on home soil, the couple attempted to resolve matters by complaining to their tour operator who, while sympathetic, only offered either a £400 gift voucher off their next holiday or a £200 cash alternative. Given the cost of the couple’s holiday (over £2000), they were understandably dissatisfied with the proposals and turned to Harper Macleod for assistance.

We intimated a claim against the travel agent under the Package Travel, Package Holidays and Package Tours Regulations 1992, explaining in detail the complaint made against them and the effect that it had had on the couple both physically and financially. We were able to provide evidence not only of the physical illness and the effect that would have on one’s body but we were also able to document all financial losses that arose as a result.

Following settlement negotiations between Harper Macleod and the travel agent’s representatives the couple were awarded almost £4400 which included compensation for not only the pain and suffering caused by the illness but also the loss of enjoyment of their holiday, foreign prescription medication costs and miscellaneous expenses such as telephone calls etc.

Let us help you

This case highlights the importance of seeking further advice before accepting an offer made to you following a holiday complaint. In this case, had the couple proceeded to accept the first offer they would have not only suffered a massive loss but would have had their claim grossly undervalued.

If you’d had an accident or suffered any kind of personal injury abroad, get in touch to see if you may have a claim for compensation.