Holiday Complaints

Do you have a holiday complaint? For help and advice post in here.
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I'm so very sorry to hear about the accident - whenever something like that happens when you're away from home it's even more terrifying, so I sincerely hope that the full recovery and peace of mind will come quickly for you and your mother.

I used to work for After Travel at Thomson/First Choice and any enquiry that involved an accident or sickness was immediately passed onto the Legal Team, so rest assured that part of your concern is absolutely the norm.

The Legal Team are different from the regular customer service team as they fully investigate any concern with Health & Safety in mind as opposed to concerns over room views, flight delays or excursion complaints etc, which customer service/after travel.

They do have a longer period for investigating, but should be in contact with you after 28 days to inform you of what is happening.

The term - Legal Team does frighten some people, but fear not, it really is the norm & I hope that when their investigation is complete that you finally get your peace of mind.
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Thank you :) We heard back from the TO this week, and they said the hotel have referred our complaint to their office in the UK, so that maybe looks ok
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Sorry to hear about the accident.

One thing to add us that punitive damages don't exist out with the US. So any claim is for gear injury and misc losses. Being upset about lack of care afterwards isn't legally capable of being compensated for. Her flashbacks of the accident can get claimed for but yours cannot. There is a test of remoteness and primary/secondary victim in law. I won't bore you with it but you gave no claim for your flashbacks unless you can prove your mother was in a life/death situation.

I won't go into merits of stairs etc but stairs are not a hazard. There us no requirement for handrails and for all steps to be the same height when tasking into account the design of a building. I am not saying you don't have a case as I have not seen all your evidence so perhaps these stairs were dangerous. Please let us know how you get on
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We have heard back from the holiday company who have said the hotel have taken on our case and have appointed their UK representatives to take over. We are still waiting. I am really hoping that what you're saying is not applicable for us because we did not have a holiday this year because of the accident!
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What an awful experience for you all, especially your mam. It's very frightening when someone has an accident, more so when they are elderly and abroad.

Have you had legal advice?
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Thank you.... she was very much shaken up. Even now, she hesitates when she is near stairs.

I saw citizen's advice the day after we arrived home, she has been to a Max Fax specialist in the UK who has confirmed her injuries. She is having on going hip problems as well as what can only be described as migraines on the injury site. CA advised me to allow the tour op to fix it within abta rules, which they referred us to the hotel. They said they referred us to the legal team and then last month said that they have investigated it with the hotel in Mexico who have taken the case on and appointed their UK reps to take it on on their behalf whatever that means.
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ETA: Tour op have said we're protected by ABTA but at this stage we don't need a 3rd party.
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I'd be having a chat with someone qualified in Travel Law. There are a few firms that can give you advice.
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Thank you..... I will have a look, is that Ros person the best one to speak to?
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You will need a travel lawyer who specialises in personal injury. Also if you are successful in proving liability you need to prove medical causation. This cannot be spoken to by the treating Dr and you would be required to instruct a medical report from an independent Dr who is viewed as a skilled witness. Reports range from £600 - £1500. Some lawyers will make you pay for this so watch out what is and is not included. The travel company may make an offer based on GP and hospital records but you would need to pay to Ingather those (£50 per medical institution) but any offer is much less without a medical report,

If your mum has a recognised phychaitric injury as direct result of the accident this can be claimed for but again needs an appropriate report. Physc reports cost more and usually start at £1000. Also to flag your mum is under a duty to mitigate her losses so if she is struggling with matters she should go to her GP and seek a referral to NHS mental health services.

Personal injury claims are complex and we have a saying that you wouldn't let an electrician fix your plumbing. Get a travel lawyer (law society can help).
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Also these accidents are awful and I really hope she can get back to where she was. The travel companies will pass you from pillar to post. You need to be alert to prescription of your right to bring a claim. It could be a year in your mums case. Miss the prescription date and you have no case. If you take a case to close to the date lawyers won't help as there is not sufficient time. Perhaps get some legal advice in the new year. Do let us know how you get on
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Thank you.

We are hoping that the hotel will not want us to go down this route, the hotel in Mexico have taken the case from the tour ops and have appointed their office in the UK to handle the claim on their behalf. The tour op hasn't given us a contact number or a person responsible for our case...

My mum is a very strong and selfless woman. I asked her what she wanted from this and all she said was "I want to go to Cuba next year and my glasses replaced!"
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dramaqueen wrote:
Thank you..... I will have a look, is that Ros person the best one to speak to?


I believe Ros has now retired. You could give Simson Millar's a call. I once met Nick Harris & he was very nice. Tell him I mentioned his name:-

http://www.simpsonmillar.co.uk/services/holidayclaims/holiday-travel-law-compensation.aspx
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Bless her. What a lovely lady she sounds. I really hope the hotel do the right thing
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Thank you..... I am thinking of taking her to book Cuba in the next few days, see if it speeds up her recovery
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I know this thread has been dead for a while but thought I'd post a quick update.

Thank you so much to everyone, this thread has got the ball rolling with taking the case on. The hotel and travel agent appointed a mitigation solicitor who has compromised a deal out of court. I am so glad we didn't have to go down the legal route.

We have booked to go to Cuba this year.
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Excellent news, and thanks for the update. - Is your mum OK now then?
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Thank you :)
She's caused some damage to her eye which looks permanent, when she wakes up it takes her a few minutes to be able to open her left eye.

She is getting her confidence back though and having booked Cuba has brought her mood right up :)
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