£8,000 Compensation for Sickness on Holiday at Hotel in Turkey
A Holiday Sickness Claim Case Study - Client Situation
A university technician was on holiday with her family at the Voyage Belek Hotel in Kemer, Turkey when she fell ill.
Our client was 7 days into an 11-night all-inclusive holiday, and had arranged to celebrate her 50th birthday and her daughter’s 20th birthday, when she started feeling sick. She immediately called the hotel doctor, who said she had a bacterial bowel infection and prescribed antibiotics and Buscopan.
However, she continued to feel sick, delirious and found it hard to stand up, and after again contacting the hotel doctor, she was taken to a local hospital by ambulance. She was again diagnosed with a bacterial bowel infection, as well as low blood pressure.
Furthermore, she was so dehydrated that she had to be given intravenous fluids. Our client was put on different antibiotics and remained in hospital for another 2 days.
The situation was compounded by her husband also falling ill. As he arrived to collect his wife from the Turkish hospital, he was struck with diarrhoea and was forced to be admitted into hospital overnight.
How We Helped
After returning to the UK, the holidaymaker contacted our Holiday Claims Solicitors for free legal advice, as she wanted to make a claim for compensation against tour operator Thomas Cook. Her case was taken on by Associate Legal Executive Paul Stevens and his team, who articulated a holiday sickness claim based on her observations of hygiene practices at the Voyage Belek Hotel.
For instance, she told us that she saw:
- Chefs preparing food without wearing gloves
- Cats prowling around the hotel grounds near the restaurants
- Dirty public toilets
Our client also reported evidence of significant faecal soiling, whereby the swimming pool area had been fouled by a toddler suffering diarrhoea.
Not only did the sickness ruin was meant to be an enjoyable, once-in-a-lifetime family celebration, it led to her developing Irritable Bowel Syndrome (IBS). As a result, she experienced symptoms including fever, stomach cramps, severe diarrhoea, myalgia, headaches, aching legs and general weakness.
Furthermore, her condition forced her to cancel an expensive gym membership. While she used to go to the gym 3 or 4 times a week, her sickness made it impossible, and only later was she in a position to renew her membership.
Thomas Cook agreed to settle the case and offered a compensation settlement of £8,000 which was accepted by our client.
Speaking after the settlement was agreed, our client said, “This was potentially the last family holiday together due to the ages of our client's children (20 and 18) so this was spoiled. For this reason and the overall severity of the sickness, which could return, the compensation payout of £8,000 against Thomas Cook was entirely just."
She described the outcome of the case as “excellent”, adding that the Simpson Millar team had been “friendly and approachable”.
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