Simpson Millar offer free advice to anyone that has had an offer of compensation from a tour operator for an accident or illness suffered abroad.
Knowing whether to accept a “compensation offer” for food poisoning suffered on holiday or a “goodwill gesture” for an accident can be difficult and we would urge you to think twice if you have been offered the standard £500 and your injury or illness has lasted more than 14 days or so.
Not only can you claim back a proportion of the holiday cost for the part that was ruined, you can also claim compensation for pain and suffering as well as compensation for loss of holiday enjoyment and other losses including loss of earnings.
If you have been offered a few hundred pounds in compensation from your tour operator, you will need to balance whether you want to accept the offer with whether you think the tour operator is at fault and how much you might be able to claim if you instruct a solicitor.
The short answer is no and you cannot rely on any offers in court to show that the tour operator is at fault. However, the fact that you have been offered compensation by your holiday company is a sure indication that they might be at fault.
In order to determine whether a tour operator is liable for injuries or illness suffered on holiday there can be many complicated issues involved such as what standards apply. For example, if you have an accident in Turkey, it will be Turkish standards (not UK standards) that apply.
Sometimes an offer by a travel company will be made as a “goodwill gesture” or “with no admission of liability” in which case the travel company may be attempting to “buy off” your claim because they do not want to risk paying the actual amount you are entitled to should a solicitor become involved.
Freephone: 0808 145 1353 or fill in the enquiry form above.
If you do accept an offer from a travel company for food poisoning or illness on holiday, it is very unlikely that you will be able to claim any further compensation.
For example, you might have been persuaded to an accept an offer of £200 or so from the Thomas Cook Legal Department because of their arguments that your food poisoning came from outside of the hotel or your holiday illness was caused by changes in diet, allergic reactions or excessive sunbathing.
While your entitlement for the illness may be £2000, you will not be able to claim any compensation even if you have accepted an offer that is considerably lower.
The Simpson Millar Travel Law Team have experienced travel lawyers who can assist you with your Holiday Compensation Claim. We can provide you with advice about offers from your holiday company at no cost to you.
If you instruct us, we will do all the hard work for you. If necessary we will ask a doctor to assess you by telephone interview or in person who will provide a report giving a full prognosis of your illness or injury.
Our experienced travel lawyers will do all the calculating and negotiation on your behalf.
Please feel free to telephone or email to us today and one of our friendly holiday lawyers will be in touch with you shortly.