Holiday injury and an unusual claim
When a person hears the phrase "holiday claim", chances are that thoughts of holiday accident and consequent injury will spring to mind. Perhaps an injury incurred on the ski slopes of France or one suffered while diving off the islands of the Caribbean.
However, in 2008, another kind of holiday claim was added to legal history books of holiday-related litigation. It concerned the case of a 47-year-old UK businessman who booked with a tour operator for a luxury holiday at a hotel complex in the Greek islands.
The finance broker had forked out around £4,000 so that he, his wife and three daughters could enjoy a bit of hard-won rest and relaxation in the famed azure skies and waters of one of the world's most beautiful holiday destinations. With his considerable outlay of cash came the expectation that they would be able to enjoy many of activities advertised in the tour operator brochure.
However, this was not to be the case. In conversation with the Daily Mail, the compensation claimant himself explained, "My youngest daughter wanted to take part in activities with the kids club, but its timetable was only published in German.
"There was a treasure hunt which she liked the look off, but again, the clues were only given in German and she couldn't understand it.
"We tried to join a windsurfing lesson and yoga classes but all the instructions were in German so we gave up.
"Even the advertised satellite TV was all in German except for one channel - the BBC World News.
"I feel we were cheated because at no stage did they warn us that this hotel was geared up to catering for Germans, not English people.
"I am not a racist, but when I pay so much money for a holiday, I expect to be able to make use of the facilities and activities we are paying for."
Clearly frustrated with the predicament he found himself in, the 47-year-old decided to seek compensation, even deciding to go ahead without the assistance of a solicitor, no win, no fee or otherwise, and represented himself in court.
The judge hearing the holiday compensation claim agreed with the claimants arguments, commenting in his decision, "The customer travelling abroad in these circumstances, going to a hotel which features in an English brochure, doesn't expect to have to press the hotel and providers of activities to be accessible by them in their own language - so I do take the view that the brochure is significantly misleading in failing to make that clear."
In some ways, it can be argued that the issues forming the crux of this case were more closely related to the typical product liability claim than most holiday accident cases, pertaining, as they did, to issues of product description and fitness-for-use.
No win, no fee solicitors representing the holiday accident claimant
A holiday should be an opportunity for us to restore our weary minds and bodies. Therefore, suffering injury as a result of tour operator or hotel negligence can be particularly troubling, with even minor injuries having the potential to have disrupt the normal course of a whole year.
YouClaim's no win, no fee lawyers are skilled in representing the holiday claimant, having many years of experience in securing successful outcomes for their clients.
When representing this kind of claim, win or lose, they never charge a single penny in costs or fees, while protecting you from all those incurred by the opposing side.
Furthermore, our 100 percent compensation promise ensures no-one, including us, will ever take a cut from money awarded in a won case.
To contact us, simply fill out an online claim form, have an echat or call us now on 0800 10 757 95.
