Yes, you can. The purpose of a contract with a tour operator is to provide a measure of peace of mind or freedom from distress.
So you can be compensated for the “disappointment, the distress and the upset and frustration” you feel after suffering an injury or illness on holiday.
Our Holiday Claims Solicitors and Lawyers are specialists in this area of law, with a strong track record of helping people who’ve been injured or sick on holiday recover the compensation they deserve.
We offer a free claims assessment, so if your holiday has been ruined by injury or illness, get in touch and we can discuss how we can help you.
How Do I Claim for Loss of Enjoyment?
In practice, loss of enjoyment claims are notoriously hard to quantify accurately. But there
are several principles that can affect how much you can claim.
Firstly, damages are not to be determined by reference to the cost of the holiday. So regardless of whether you’ve been at a Butlin’s holiday camp or on a five-star cruise, there’s no specific reason why the award should reflect the amount spent on the holiday itself.
Secondly, the type of holiday you’re on will influence how much compensation you can claim. So a special occasion such as a honeymoon, for instance, is likely to attract more damages than an ordinary annual package holiday.
The amount of compensation you receive could also be determined by whether your trip was for a special one-off event, such as an anniversary celebration, a wedding or a landmark birthday.
These life events can be heavily disrupted or completely ruined if you suffer an accident or suffer a bout of food poisoning, and can’t happen again. So it’s only right that you should get compensation in that case.
Each Case is Different
There is no specific formula for loss of enjoyment claims, so any amount of compensation will be based on each person’s specific situation and circumstances.
If you’re claiming for loss of enjoyment, it will need to be proven that an injury or illness has had a minor or significant effect on your holiday, and that these effects have limited how much you were able to enjoy the rest of your trip.
By association, it can also be argued that those members of the travelling party, whether it be a partner celebrating their honeymoon, or a family member or friend on a beach holiday, also suffered a significant impact to the enjoyment of their holiday.
In short, if a holiday has been disrupted, or ruined by an accident or an illness associated with food poisoning, it is possible to claim compensation for the subsequent loss of enjoyment for the remainder of the holiday.
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