Holiday Compensation Claims
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Holiday Claims
We can accept your claim on a 'No Win No Fee' basis!

Are illnesses on holidays in Cuba set to continue in 2014?

In recent years Simpson Millar’s LLP holiday lawyers have seen widespread illness problems reported throughout Cuba and have represented tourists and groups of holidaymakers that have become ill whilst staying at popular hotels such as the Hotel Playa Pesquero, the Sol Cayo Coco, the Melia Las Dunas and the Sol Rio de Luna y Mares to name but a few.

It is hoped that tour operators selling and providing package holidays to Cuba have focussed their attentions on the health, safety and hygiene practices adopted by their hotel suppliers and have invested time and resources in these hotels with a view to preventing future illness outbreaks.

Food poisoning in Cuba

Many of the tourists that have returned home from Cuba with symptoms of gastric illness over recent years have attributed the source of their illness to unacceptably low standards of hygiene at hotels. Some holidaymakers have tested positive for salmonella, campylobacter and cryptosporidium.

Common complaints about Cuban hotels from guests returning with symptoms of illness include:

  • Chefs, waiters and food handling staff cross contaminated food by handling raw meat and poultry alongside cooked food;
  • The serving of undercooked food, in particular chicken and eggs;
  • The provision of dirty or inadequately maintained swimming pool facilities;
  • The supply of dirty or contaminated glasses, cutlery and crockery.
Holiday Hotel Watch

Beware the Buffet

With the increase in demand for all-inclusive holidays, many of the hotels in Cuba operate on this basis. When operated correctly, safe and hygienic food can be supplied to guests by way of buffets – however when hotels are at their peak capacity it may be difficult for hotel’s to implement the necessary hygiene processes. Common issues that are reported to us in this regard relate:

  • Food being left to stand at temperatures that encourage the growth of harmful bacteria for extended periods of time;
  • Food being left uncovered and exposed to contamination from flies, insects, other guests and even birds;
  • A lack of staff so that tables are not cleared or disinfected effectively between servings, food is not replenished on regular basis and food temperatures are not monitored or maintained.

I returned home suffering from illness – can I claim compensation?

When a customer books a package holiday with a tour operator, The Package Travel Regulations 1992 stipulate that the tour operator is liable if it fails to 'properly perform' the holiday contract. In these circumstances, it does not matter whether the hotel or the tour operator is at fault, a claim can be brought against the tour operator.

This means that in many situations, we can assist holidaymakers that have returned home with symptoms of illness to make a claim for compensation – usually on "no win no fee" terms.

Do I need a solicitor?

Pursuing a claim against a tour operator can be filled with pitfalls. The same regulations that allow you to claim against a tour operator also provide the tour operator with various "defences" that they will inevitably rely upon.

Furthermore, in order for a holidaymaker to recover the compensation that they are entitled to, medical evidence and other expert evidence is likely to be required to strengthen your claim. The obtaining of this evidence can be time consuming and costly to an unrepresented party.

Why contact Simpson Millar LLP?

The website is operated directly by Simpson Millar LLP, which is a well-established national law firm with 13 offices throughout the country. A specialist team with vast experience of pursuing claims against tour operators are in place to assist holidaymakers. The team deals exclusively with travel related accident and illness cases. This means that, if your claim is accepted, you will be represented by an experienced and dedicated travel lawyer at Simpson Millar LLP. Your claim will not be handled by a family, criminal or other such lawyer with perhaps little or no travel litigation experience.

A no-obligation free consultation can be provided over the phone at no cost to you and honest and open advice will be provided as to whether your potential claim is likely to succeed. If we cannot assist you, we will explain why and we may be able to provide advice as how best to proceed.

In many instances, 'no win no fee' funding will be available. If this is the case, it will be explained in a transparent way.

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.

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Dated: 24/01/2014

Author: © 2014