Spanish hoteliers fight back against rise in false holiday sickness claims

Spanish hoteliers are taking action to fight a sharp rise in fraudulent holiday sickness claims from British holidaymakers.

Hoteliers from Benidorm, the Costa Blanca and Valencia say they have decided to take a stand against a growing compensation culture in the UK which, they claim, has prompted a huge increase in claims this summer.

They claim the majority of cases are fraudulent and are not backed up with evidence.

They are putting the blame on the growing number of specialist claims management companies which are increasingly targeting Brits abroad.

These companies are using aggressive sales tactics, including cold calling, recruiting resort-based salespeople, and even dressing up as tour operators at hotels to reel in customers, hoteliers claim.

The problem, they say, is costing the Spanish hotel industry over €60 million a year.

"We feel the British complaints procedure, which allows claims to be processed when there is no evidence of truth, creates a grossly unfair and disproportionate system," said Nuria Montes, general secretary from HOSBEC which represents the resorts’ hoteliers.

"It unreasonably inflates the cost for the hotelier by adding fat profits for lawyer firms who bill for 90% of the total amount of the claim, while only 10% of the amount is allocated to offsetting the alleged damages to the tourist.

"This system is completely contrary to the Spanish one, whereby the claimant must prove the accuracy of what they are claiming."

She said the problems are unique to the UK market, with guests from other popular inbound countries such as Belgium, Holland and Portugal, and even the British direct sale market, having no grounds for complaint.

She said the problem is only for bookings made via tour operator partners under the EU Travel Package Directive 2015.

"This is yet another example of how the legal and regulated accommodation sector is the victim of such practices, whereas online booking platforms are operating ‘soundly’ without being subject to any similar mass complaint campaigns," she said.

Spanish hoteliers are urging ABTA and major UK tour operators to lobby the Government to radically overhaul the claims system, but in the meantime they are introducing short term measures.

Hotels will be using traceability systems for guests so they can continuously track their meals and drinks consumption and use of dining areas and restaurants.

"These systems will allow hotels to check whether consumption patterns are compatible with the causes alleged in the complaint form, which mostly have to do with gastrointestinal illnesses," it said.

They will also ensure guests are told that fraudulent claims are illegal and could result in a prison sentence.

ABTA said its members have reported a significant rise in the number of gastric illness claims being made by holidaymakers.

It also blamed the aggressive sales practices of some claims management companies.

It said it will be meeting with the Ministry of Justice, which regulates claims management activities, to highlight concerns and to ensure it takes action to safeguard the system from fraudulent claims.