According to information provided by The Wedding Secret, in the last year there were 234,464 marriages in England. Traditionally, marriages were followed by honeymoons abroad. A honeymoon is unlike any other holiday as it is typically a once in a lifetime experience that cannot be replaced. Therefore, when things go wrong on your honeymoon, the results can be devastating.
The fact that honeymoons are traditionally unique experiences that cannot be replaced is generally appreciated by the courts when it comes to awarding compensation. In particular, the court is likely to make increased awards for loss of holiday enjoyment where the enjoyment of a honeymoon is compromised due to an injury, an illness or by a breach of contract.
If a honeymoon is booked as "a package" it will be protected by the provisions of the Package Travel Regulations 1992. This means that if the honeymoon is spoiled by an illness or an injury that could have been prevented by means of better cleanliness, better hygiene or improved health and safety practices, then the likelihood is, a valid claim can be pursued against the tour operator back in the UK.
The protection afforded by these regulations is helpful as it allows a claim to be brought in England or Wales which will be decided in accordance with English law. This removes many of the difficulties that would stand in the way of bringing a claim in a foreign country.
If it can be established that an injury or an illness suffered abroad was due to the fault of the hotel or some other provider of facilities, it is likely that you will be able to claim compensation for the pain and suffering caused by the illness or injury.
This may include subsequent out of pocket losses such as medical costs, insurance excess costs and travel costs. See our case studies to see more on the different kinds of compensation. It is however the claim for loss of enjoyment that is likely to differentiate a ruined honeymoon claim from a regular ruined holiday claim and result in a much higher amount of compensation being awarded.
Simpson Millar LLP can provide you with free legal advice and in many cases, can bring a claim on your behalf on 'no win no fee' terms. In order for the claim to be successful, we will need to establish whether the illness or injury was caused by fault or negligence. If it was then there is likely to be a strong claim for recompense.
If you were made promises about your honeymoon that were not fulfilled or if your holiday did not match what was offered in the brochure or on the website it was booked from, you may be able to claim compensation yourself through the small claims court, however there are circumstances in which we may be able to assist.
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.