Hotel Playa Pesquero Guests Report Being Offered Holiday Illness Compensation

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The Law of… Rejecting a Compensation Offer

We've been contacted by holidaymakers who have informed us that they suffered the symptoms of a gastric illness while on holiday at the Hotel Playa Pesquero in Cuba. Following their illness, they say that they were offered compensation by their tour operator, Thomas Cook, something which raises a lot of questions.


You might be surprised to discover that an offer of compensation does not explicitly mean that a tour operator has accepted liability. In almost all circumstances, offers to settle cannot be used in court to prove that a tour operator is liable, meaning that it's important to give careful consideration to whether you accept or reject an offer of compensation.

While it might seem counterintuitive, in this article we're going to explore the law of refusing compensation so that you can later make a claim.

What Has Happened

It would appear that holidaymakers who stayed at the Hotel Playa Pesquero have been made direct offers from their tour operator after they suffered the symptoms of a holiday illness, without instructing a solicitor.

From what these holidaymakers have reported to us, it appears that they are being offered less than they could be entitled to.

Possible Illness at the Hotel Playa Pesquero

The potential problem of holiday illness at the Hotel Playa Pesquero is something that we have reported on before, with previous clients informing us that they suffered from E. coli 0157 and Salmonella at the Cuban hotel.

Whatever the cause of these apparent symptoms of gastric illness, it's possible that they have yet to be addressed, especially as further holidaymakers have come forwards to say that they too have been unwell.

Offers of Compensation Could Be a Red Flag

While an offer of compensation cannot be used in court to demonstrate that a tour operator is liable, when we see offers made to customers that are in excess of £300 per person; it is often an indication that their tour operator may be aware of an illness or hygiene problem.

In other words; they could be seen to be implying that they know if a travel law specialist is instructed, they could face problems avoiding a liability and have to compensate their customer.

Why It's Not Always Best To Accept Compensation

While an offer of compensation can be an indication that a tour operator is taking care of their customers, it is important to appreciate whether they are offering the right amount of compensation?

While a tour operator might be offering what appears to be a substantial sum of money, potentially close to £1,000 for a holiday illness such as the ones guests say they suffered at the Playa Pesquero, it's important to be aware of your consumer rights. Knowing why and when to accept such an offer could be the difference between receiving hundreds and receiving thousands.

Why You Should Talk To a Travel Law Specialist First

By talking to a lawyer who is well versed in travel law, such as one of the members of our travel law team at Simpson Millar, you could be opening up a wealth of options to pursue your complaint, including the possibility of instructing us to pursue your case on a 'no win no fee basis'.

Keep in mind that by contacting a holiday claim specialist you're not necessarily automatically refusing an offer of holiday compensation. In fact, if you contact one of our travel law specialists and the outcome of our initial discussion with you is that accepting an offer from your tour operator is the best option available to you; we'll let you know.

The main reason to talk to a travel law specialist first is to have your case assessed. If it transpires that your claim could be worth more than the compensation being offered, you will have kept that option open. Conversely, if it turns out that accepting their offer of compensation is the best choice for you, you can still do so.

How Much Holiday Illness Claims Are Worth

There's no way to provide an estimate of how much your holiday illness claim could be worth without speaking to you first, as so many different factors can influence the amount that you could be entitled to.

Generally speaking, the holiday illness claims that we handle are worth from around £2,000 upwards to tens of thousands of pounds. How you have been affected, your long-term health and the cost of your holiday amongst other things could be considered.

Find Out More about Your Right to Make a Claim

If you would like to find out more about your consumer rights regarding a holiday illness or even an accident that caused you an injury; get in touch with us. We can provide you with a free no-obligation consultation during which we're happy to answer any questions that you might have.


To find out how we could help you please make a no-obligation enquiry or call freephone: 0808 129 3320.




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