What is unique to holiday compensation claims is not only can you claim back a proportion of the holiday costs, you can also claim compensation for loss of enjoyment for the distress and disappointment associated with a ruined holiday.
Claims for loss of holiday enjoyment will arise when something has gone wrong with your holiday and your travel agent or tour operator is at fault. Examples of things that can go wrong with a holiday include problems such as the swimming pool or hotel restaurant being substandard or building work happening at the hotel which you had not been made aware of.
The reason you can claim compensation for loss of enjoyment is because when you book a holiday, the tour operator is bound to provide you with an enjoyable experience and freedom from distress.
A classic example of a claim for loss of enjoyment that we are able help with is when someone suffers food poisoning while on holiday. Where a holidaymaker has been laid up in bed with diarrhoea and vomiting, they will not be able to enjoy the facilities at the hotel and will experience considerable distress.
Not only would a victim of food poisoning be able to claim for loss of enjoyment, they would also be able to claim compensation for the proportion of the holiday that was ruined together with a claim for the pain and suffering as well.
You can read the transcript of a leading court case involving a claim for loss of enjoyment made against Carnival Cruises (Trading as Cunard) in which the couple who had their cruise ruined were awarded £9500 in total. We provide a link that judgment below.
The amount you can claim for loss of enjoyment will vary dependent on how important the holiday was to you and how distressing the experience was. Wedding and honeymooners whose holidays are destroyed by food poisoning will be entitled to a lot more compensation for loss of enjoyment for people whose holiday is marred by the air conditioning not working for a few days of the holiday.
Get in touch for a chat about how we can help you by filling in our quick, no obligation enquiry form and we will call you back or you can call us directly on 0808 145 1353.