Expert Advice Provided in Package Holiday Claim
Miss G was injured whilst on holiday in Goa. The matter was a strongly disputed package holiday claim. Miss G was on holiday at a 3 star resort in Goa. On the first day of her holiday whilst exploring the hotel Miss G slipped and fell on steps down to the pool area. Liability was not admitted in this case, but the claimant’s case was that excess water was present on the steps with no signs warning that cleaning had just taken place.
Miss G slipped down approximately seven steps injuring her lower back, head, arms and legs. As the accident occurred on the first day of her holiday this severely limited her enjoyment for the remainder of the holiday and we were able to claim for loss of enjoyment of the holiday as part of the claim.
The holiday was booked as a package, in so far as the flight, hotel and transfers were purchased for one price together from the travel agent. It was therefore possible to pursue a claim under the Package Travel, Package Holidays and Package Tours Regulations 1992. This enabled the claim to be brought in the English courts against the tour operator.
Throughout the case the tour operator disputed the claimant’s version of events and it was necessary to issue court proceedings in order to enter into sensible negotiations with them to settle the case. We were able to offer expert advice to Miss G throughout the case on how to proceed with a package holiday claim.
Miss G was very pleased with the outcome of the case commenting: “The quality of service and approachability of Louise Howard and her colleague…was always superb”.
Miss G was particularly pleased that where necessary Louise and her colleague took the time to explain the relevant law to her and how best to proceed with her case commenting: “Regardless of the positive outcome of the case, from start to end I have been more than happy with the service and cannot suggest ways to improve it.”