Coral Sea Waterworld – Illness Victims Sue Tour Operator for Compensation
UPDATE: 12th MAY 2015 – After recent reports we have once again been instructed by holiday makers who have visited the Coral Sea Waterworld Resort – many have curtailed their trip due to ongoing illness.
An illness outbreak
at the Egyptian Waterworld hotel has ruined a large number of family holidays as a multi pathogenic outbreak of dysentery
strikes Thomson holidaymakers.
Travel specialists Simpson Millar LLP has now been instructed by approaching 200 British holidaymakers
returning from the Coral Sea Waterworld in Sharm el Sheikh, Egypt in July and August 2014. The numbers are still rising especially after reports in the Mirror and Daily Mail this week.
Have you been a victim of Salmonella or Shigella?
This Splashworld hotel has been the source of several harmful pathogenic bacteria including Salmonella and Shigella
. The symptoms caused by these dreadful holiday bugs include: profuse and watery diarrhoea; painful abdominal cramps; fever; headaches and malaise.
Simon Lomax, the firm's Accident and Holiday Illness manager says:
"Once again holidaymakers have been let down by their tour operator
. Standards appear to have slipped since tours companies outsourced their health and safety functions. Our dealings with these companies reveal auditing procedures on a yearly basis
(as opposed to monthly) and hotels which are able to self-certify that hygiene standards are being met."
"It's no wonder the number of claims is increasing."
Have you been contacted by the "Welfare Team"?
Holidaymakers returning ill from the Coral Sea Waterworld should seek advice from a travel solicitor before accepting any ex-gratia 'goodwill' payment
from in-house legal teams. Our lawyers often have to deal with disappointed travellers who accept a payment 1/10th of what they are entitled to
following a telephone call by a lawyer under the guise of 'welfare teams'. These calls are made shortly after your return home and when you are unwell and at your most vulnerable.
Don't accept payments straight off the plane
Some holidaymakers have reported that they are being offered money as soon as they return to the UK
in order to try and stop claims being made. If you accept these payments you are potentially forfeiting your right to claim in the future
and will only be receiving a fraction of the amount you are actually entitled to.
How much could my Shigella or Salmonella food poisoning claim be worth?
Travel lawyers and solicitors often seek guidance from case law and various guidelines, so before you consider accepting any ex-gratia payment you should consider the JC guidelines on Illness/Damage Resulting from Non-traumatic Injury, e.g. Food Poisoning. The majority of cases fall into the following categories
although some can be more serious:
It's important to note that these figures are guidelines and every case is different.
|Serious but short-lived food poisoning, diarrhoea and vomiting diminishing over 2 to 4 weeks with some remaining discomfort and disturbance of bowel function and impact on sex life and enjoyment of food over a few years.||£7,700 to £15,510|
|Food poisoning causing significant discomfort, stomach cramps, alteration of bowel function and fatigue. Hospital admission for some days with symptoms lasting for a few weeks but complete recovery within a year or two.||£3,190 to £7,700|
|Varying degrees of disabling pain, cramps and diarrhoea continuing for some days or weeks.||£737 to £3,190|
What about my ruined holiday?
In addition to Pain and Suffering holidaymakers are entitled to recover loss of holiday bargain, loss of enjoyment, and any other financial loss
which flow directly from the illness. If you wouldn't have suffered from these additional expenses, but for the illness the sum is likely to be recoverable from your holiday company
Pursuant to the 1992 Package Travel Regulations Holidaymakers should not be exposed to food or water poisoning from harmful bacteria
. Salmonella and Shigella outbreaks are preventable if a hotel exercises good food hygiene practices
with regular auditing.