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Holiday Claims

£5,100 for Cryptosporidiosis Hell at the Flamingo Beach Holiday Village, Lanzarote

When two children on holiday at the Flamingo Beach Holiday Village fell ill with symptoms of sickness and diarrhoea, Simpson Millar’s holiday claims specialists were able to help and successfully won compensation for them both.

The two children and their family were on a 14 night all inclusive package holiday to Lanzarote booked with the Tour Operator First Choice.

Holiday Illness

The first child fell ill on the seventh day of the holiday with symptoms of vomiting, diarrhoea, abdominal cramps, tiredness and fatigue, which lasted a total of four weeks. On returning to the UK a stool sample revealed our client had contracted a serious Cryptosporidium infection.

The second client fell ill on the eleventh day of the holiday with symptoms of sickness and diarrhoea which lasted over a week.

Claim for Cryptosporidium illness

Cryptosporidium is a parasitic infection which is transmitted via the faecal-oral route. The most common source of the infection is contaminated water, such as swimming pool water contaminated with human or animal faeces. If hotels fail to disinfect pools sufficiently with chlorine or drinking water supplies become contaminated a Cryptosporidium infection can quickly spread throughout a hotel.

Under the Package Travel Regulations 1992, tour operators have a duty to make sure health and safety standards at the hotels they use are strictly maintained so that holidaymakers on package holidays do not become ill.

First Choice denied liability for our client’s illnesses but offered the first child compensation of £3,000 and £2,000 for the second child.

As both clients were minors, our expert holiday claims team decided to leave both offers open and seek further medical opinions, as well as obtaining a barrister’s opinion.

Holiday Hotel Watch

A consultant gastroenterologist confirmed that the first child had contracted severe Cryptosporidium gastroenteritis and advised that the time period for the symptoms and the known incubation period for the illness suggested beyond all doubt that the hotel was the source of the infection.

A GP produced a medical report regarding the second child and confirmed that he had contracted a gastrointestinal infection, with symptoms lasting over week.

Compensation for Holiday Sickness Bugs

Simpson Millar submitted the medical reports and details of our client’s claims to the tour operator. Counsel advised on the amount of compensation our clients should be awarded and after negotiation the tour operator First Choice agreed to pay the first child £3,800 and the second child £1,300 in compensation for the gastric illness they contracted at the Flamingo Beach Holiday Village in Lanzarote.

As both clients were minors, the Court had to approve the settlements at an Infant Approval Hearing. Simpson Millar accepted the case on a ‘No Win, No Fee’ basis so both clients were able to keep 100% of their compensation while the other side paid their legal costs.

If you or your family have contracted a gastric illness infection on a package holiday, contact Simpson Millar’s friendly specialist holiday claims team by phone today or fill in the online enquiry form.

Dated: 15/05/2013