HM Insights

Compensation for Holidaymaker following disastrous Portuguese Holiday

A Scottish holidaymaker has successfully been awarded damages from a well known British tour operator after her holiday to Portugal was ruined by a gastric illness.

Laura McCallum, a specialist foreign injury lawyer, at Harper Macleod, was instructed to seek damages for the reimbursement of the cost of her holiday along with damages for pain and suffering.

Illness Or Injury On Holiday

The client was staying in the First Choice Holiday Village, in Portugal, and within a few days began to experience severe sickness and diarrhoea, leading to her being confined to her hotel room for the entire trip. The client’s sickness also affected her husband and child’s holiday as they had to remain with the client due to her illness. The client was not the only guest who fell ill and there were additional reports of sickness throughout the hotel.

Upon returning home the client made a complaint to the tour operator but was repeatedly dismissed.

The Personal Injury Team at Harper Macleod intimated a claim under Regulation 15 of the Package Travel, Package Holidays and Package Tours Regulations 1992.  We were able to establish that poor hygiene within the hotel had caused the client’s illness.

The tour operator confirmed that they were willing to settle the client’s claim and negotiations began to agree a reasonable settlement.

The client’s case settled for an undisclosed four-figure sum.

Laura McCallum, at Harper Macleod, said: “This family holiday was completely ruined by gastric illness. I am delighted to have secured a settlement that not only compensates my client for the pain and suffering she endured but that will also allow her to book a further holiday for her and her family. I am hopeful that this case is a reminder for tour operators to ensure that health and safety standards are being adhered to at their various hotels ."

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