Bott and Co recover £3,800 compensation for family who had their Spanish holiday ruined by sickness bug.
The T Family was struck down by a vomiting bug on their Thomson holiday in which the Thomson rep told the family the bug wasn’t a problem, before contracting it herself. Mr T had to seek legal advice after being fobbed off by the tour operator when he tried to claim compensation for their nightmare holiday.
When the T family booked their summer holiday, they couldn’t wait for some quality time filled with sun, sea and sand.
The hotel appeared to have everything they needed for a fun family holiday; a large pool, a kids’ play area, sun loungers for the adults and restaurants on site – all within close proximity to a sandy beach.
But unfortunately, all was not as it should have been…
Mr T said, “The first day of the holiday was great; we went to the pool as a family, eating out there during the day and then at the food hall later in the evening.
“But when we were sitting at the pool, other guests started telling us that how they had been sick and generally ill during their stay at the hotel. In fact, one couple had been there for two weeks and had contracted the same illness twice – once at the beginning of their holiday and then again as they were leaving.”
The very next day, Mr T’s four-year-old son became violently ill and Mr T had to stay in the hotel room to look after his child whilst the rest of the family tried to go out and enjoy themselves.
Mr T approached the Thomson holiday rep on-site and told her that his son and several other guests had been sick whilst at the hotel.
He said: “She told me that it wasn’t a big issue and she knew of no other guests falling ill. She said, ‘I live here, if it was a big issue I would have contracted it’ – I had to demand that I be allowed to place the incident in the hotel log.”
Eventually, every member of the T family fell ill with vomiting. The family did not get to spend any more days together as a group; there was always at least one person confined to their hotel room.
It wasn’t just the T family who were suffering
“There were literally people vomiting in the food halls. Cleanliness was non-existent, it was only in the last few days that there was hand gels at the entrance of the food halls, it was not mandatory to use them. This was apparently a four star hotel.”
After two weeks – glad to put their ‘holiday’ behind them – the T family started to make their way home.
Mr T said, “As we were leaving I made one last attempt to speak to the holiday rep, but she was nowhere to be seen. I asked where she was and was informed that she had contracted a stomach bug!”
Upon his return to the UK, Mr T contacted Thomson to make a complaint and see how he and his family could be compensated.
Difficult to claim
He said, “In terms of trying to make a claim direct from Thomson, it was not straight forward. I was advised that I would receive a response within 28 days. Despite voluminous calls no response came and after two months I was advised it takes 6 months.”
Having reached a dead-end with Thomson, Mr T sought help in claiming through Bott and Co Solicitors.
At the start of the claim, Thomson told the Bott and Co Travel Sickness Claims Team that they would receive a response within 28 days.
Despite Bott and Co chasing Thomson with numerous phone calls, the tour operator failed to reply after two months. Thomson then advised that it takes six months to respond to claims, similar to what was told to Mr T when he contacted them.
Bott and Co informed Thomson they intended to issue an application for pre-action disclosure. At this point, the Tour Operator looked into making an offer of compensation to the family.
Bott and Co secured £3800 in compensation for the family’s pain, suffering and loss of enjoyment, as well as the associated costs.