What happened exactly?

Sorry, I should also have asked what have the hotel offered you as compensation?
I can't edit my original post to add on this other question...

A lack of information prevents us from giving you any meaningful advice here. Are you saying Thos Cook are to blame?

fwh

99.9% certain that you WON'T get comp. from Thos Cook - medical expenses can be claimed thru your own insurance - to get more than you have been currently offered (£??) by the hotel you would probably have to take legal action.

I think you should have accepted the compensation offered by the hotel. Thomas Cook would only of got the same amount of compensation off the hotel as they offered you. Now you have refused it I dont see what else you expect. Its the hotel fault (if at all and without knowing more, can't comment) not Thomas Cook - they dont own the hotel!

Thomas Cook are responsible though for the health and safety of their clients in accommodation. They are supposed to check & liaise with their providers to ensure the H & S guidelines are met.

hey he sliced his foot on a sharp piece of metal which shouldnt have been ther and needed stitches. hotel offered us 5 nights accomodation nxt yr but only within certain dates which we could not accept due to work commitments

Glynis HT Admin wrote:

Thomas Cook are responsible though for the health and safety of their clients in accommodation. They are supposed to check & liaise with their providers to ensure the H & S guidelines are met.

Don't disagree with that - but its usually a tick box audit eg safety of gas heaters,standard of electrical wiring etc- since we don't know what caused the accident it would have to be something pretty major for Thos Cook to accept any responsibility. eg can't see them accepting any responsibility for trips and falls.

I can't see you getting anything from Thomas Cook, whilst they do a tick box kind of audit, it's not practical for them to be responsible for everything wrong in the thousands of hotels they use, and I don't think a court would expect them to be. The dangerous item could have been caused by a previous guest breaking something and the hotel not sorting it out properly.

Normally there is a clause in your travel insurance that covers personal injury so you should be able to claim under that. Although unfortunately that doesn't really compensate for what was a spoilt holiday.

You could try writing to TC to see what they say, nothing to lose by trying I guess.

thanks

http://www.fto.co.uk/operators-factfile/legal-requirements/

If negligence is proved, then the TO's responsible.

I think it's worth you contacting Simpson Millar details at the top of this forum.

They're not legally responsible for every part of everything in every hotel they use. I know we live in a nanny state, and the EU can't keep their noses out of anything, but that would be more than ridiculous. Accidents happen. I know the compensation culture in this country is out of control, but by the time everyone has finished speaking to ambulance chasing companies that are only interested in making a quick buck, there will less choice of companies to book through, and prices will go through the roof. Ultimately we all pay for everyone else's compensation.
I got an ear infection in both ears, from a pool a few years ago. Was the tour operator responsible for that?

Wouldn't any company have public liability insurance , so you would claim against TC they just pass it into the hands of their insurers , and they would claim against the hotel if a fault is found rather than it just being an unfortunate accident ?

If you open your doors to the public you are responsible for their safety ???

I question if there is a case for compensation. A child cuts its foot in a hotel room. OK it is not something anyone wants to happen but, like many more tales on HT what we have is someone asking about compensation without giving us the full facts.
Members of HT go out of their way to offer help and assistance to anyone with a problem but it is hard to do when all we have is

hey he sliced his foot on a sharp piece of metal which shouldn't have been there and needed stitches.

Where/what was this alleged sharp piece of metal? Was the child running around barefoot? One thing you can be sure of is any claim would require far ore information than we have been given.

fwh

andy66 wrote:

Wouldn't any company have public liability insurance , so you would claim against TC they just pass it into the hands of their insurers , and they would claim against the hotel if a fault is found rather than it just being an unfortunate accident ?

If you open your doors to the public you are responsible for their safety ???

That is exactly what happens - it used to be my job in UK when I worked at FC.
If it was deemed the hotel was at fault any compensation (whether it's for a poor holiday, breach of contract, lack of service, sickness or injury) would be claimed or attempted to be claimed back from the hotel invoice payments or in the case of a big personal injury settlement, via public liability insurance from the hotel.

However, first of all you need to establish who is at fault - such as
what was the piece of metal
where exactly was it in the room/hotel

Interesting to hear the hotel offered you compensation but that could have been purely because of inconvenience rather than admitting they were at fault. Have you anything in writing which says why you were offered free accommodation? It seems a bit odd they would admit liability at the outset and yet TC tell you that you won't get anything back home.

You should have completed a complaint form just the same as you would with a normal complaint with your representative and that usually says you have to follow it up in writing on your return if it was not settled to your satisfaction in resort.

Also, did you take photos of the metal within the hotel/room and of the injury?

It is Thomas Cook's responsibility to have systems in place to ensure that they have set H & S standards for the hotels/apartments that they use -and that they audit these systems on a regular basis.
The primary responsibility lies with the hotel AND THE GUESTS themselves -we have all stayed at hotels/apartments where there are broken tiles, missing wall plates over wiring, badly wired light fittings etc etc
Under English H & S legislation you have a duty of care to yourself and your family. You cannot just blame everyone else and seek compo!

i wasnt looking for compo!!! in the first place i only asked the hotel if they could come and remove the broken bit of metal to stop anyone else being hurt and they said it was ther fault and would see what they could do and when i said we didnt want to come back to the hotel the manager was very rude and told me to sue her and thomas cook!!!!

She probably said to sue her because she knows it's virtually impossible to sue a hotel in another Country. It's hard enough to sue in your own Country without having a fair amount of time and money to throw at it, especially if you don't have legal insurance attached to your house insurance.