Thomas Cook customer fined over false sickness claim
A holidaymaker who claimed she’d suffered food poisoning on a holiday with Thomas Cook has had her claim thrown out by a judge after her Facebook pictures showed her on boat trips and drinking alcohol by the hotel pool.
Marissa McLean, from Redditch, Worcestershire, said she’d been taken ill after eating ‘under-cooked chicken’ at the all-inclusive four-star Sol Y Mar hotel in Sharm el-Sheikj in September 2015.
The 27-year-old tried to bring a claim against Thomas Cook, saying she’d had ‘nausea and diarrhoea’ and ‘horrible stomach pains’.
But Worcester County Court heard that her Facebook posts told a different story, with pictures of her sipping rum and coke by the pool with the caption ‘pacing myself’, and another captioned ‘little selfie before the pool party’.
She was also pictured on an excursion driving a luxury yacht.
McLean said the posts were designed to make an ex-boyfriend jealous, but according to a report in the Daily Mail, Judge Nadeem Khan did not believe her claim and said her evidence was ‘neither plausible or credible’.
McLean was ordered to pay £2,812 within 21 days and refused leave to appeal.
Thomas Cook was able to recover the money it had spent fighting the claim.
Ian Denham, representing Thomas Cook, said there was ‘a vacuum of evidence’ about her case.
The court heard she had not filled out a form in resort or contacted the tour operator after getting home.
A spokesman for Thomas Cook said: "We’ve been clear we won’t hesitate to take action where we feel it’s justified in order to protect the majority of honest holidaymakers. We’re pleased that, for a second time, a judge has recognised the dishonesty in these cases, showing that the courts are increasingly aware of the levels of fraud we’re seeing in holiday sickness claims."
Bev
Editor in chief Bev Fearis has been a travel journalist for 25 years. She started her career at Travel Weekly, where she became deputy news editor, before joining Business Traveller as deputy editor and launching the magazine’s website. She has also written travel features, news and expert comment for the Guardian, Observer, Times, Telegraph, Boundless and other consumer titles and was named one of the top 50 UK travel journalists by the Press Gazette.
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