Holidaymakers being bought off in resort?

Written by Ross Smith

Thursday, 16 August 2012 08:58

Holiday Companies Offer Tourists Cash and Vouchers Not to Make Compensation Claims - is it Worth it? Approaches by tour operators and holiday firms to tourists looking to pay them off before they make a compensation claim, either for an accident that wasn't their fault or for contracting food poisoning or another illness, are becoming more and more common. In such a situation its easy to understand why both the holiday maker and the tour operator might want to draw matters to a close, but be warned - the true cost of such problems may not be apparent until much later, by which time bringing a holiday claim wont be an option. I have spoken to quite a few holidaymakers recently who suffered from holiday illness. That part may not come as a surprise, because we are helping people all the time. However, I have noticed that more and more of them are being approached by staff from the holiday company who were responsible for making term sick in the first place and they are offering them compensation for their ruined holiday before they go home. On the one hand I welcome the proactive approach, but are the motives for the holidaymakers benefit or for the tour operators? Offering Cash and Vouchers The tactics seems to differ from one holiday company to the next. I have spoken to people who were thinking about making a holiday claim against TUI, one of the largest holiday companies operating in the UK and they have offered both cash and vouchers in resort to try and avoid a holiday compensation claim being brought when the passengers get home. I've also heard from some holiday makers who have had a letter on their doorstep when they get home, with an offer of compensation. In some cases an offer of money or vouchers in resort can be very welcoming. Such compensation may well be very good for the more trivial of matters. However, my concern is that having seen a similar process take place in other areas of law, it is usually the victim who loses out. You Can't Know What Your Case is Worth I have heard of many stories for example where an insurance company for a road traffic accident has turned up at someone’s doorstep offering money to settle matters. Most people do not know what their case is worth so someone could be swayed into accepting and amount of compensation which is lower than the true value. It is best to consult with a lawyer. The tour operator has a certain extra advantage when the client is at resort. Some might say that we when are away on holiday that we are more relaxed. So there may be a tendency that we may be more open to settling a matter than say when we are back home. The tour operator therefore could have a tactical advantage to nip matters in the bud before they could be bigger or potentially more serious. The problem is the innocent victim of food poisoning doesn't know if there is any permanent damage done! Don't Sign a Waiver Before You Know What You Could Claim Lets take an example; You are on holiday and you suffer an upset stomach due to the poor quality of the food on holiday. You report the matter to the Rep and you are offered a few hundred pounds to settle matters, in exchange for signing a waiver confirming you won't make any more claims. All well and good if your illness was very trivial and caused little or no disruption to you and your traveling party. But at that stage you probably don't even know damage there has been and most people won't know how much holiday compensation they will be entitled to. I continue to help people who have suffered illness or an accident abroad. For an illness claim, it is not unusual for an average compensation payout to be around £2,500. We have represented other people whose illness has sadly been far more complicated and on occasion been permanent or lasted several years. One case always springs to mind where a lady suffered irritable Bowel Syndrome after having contracted salmonella after eating a chicken sandwich and we achieved an award of £13,000.00 for her. Advice: What Should You Do My advice when you have an illness or accident is to be careful. Do not be rushed or pressured into making a decision if you are made any offers. It might well be that the offer of compensation is right and appropriate, but generally it is not and you won't get a second chance to get the right amount of compensation for your holiday claim. Just think; what if your illness or injury caused you to be absent from work and affected your ability to pay your bills? If you have any stories of a tour operator offering you compensation in resort or shortly after your return home, please let us know on our Facebook page or email us. Furthermore, if you have suffered an illness or accident abroad and would like FREE advice and representation on taking matters forward please do contact us.  For more information you can contact us via our website at: www.accidents-abroad.com