Thomas Cook pays out after man falls ill on Cuba holiday
Thomas Cook has been forced to pay £17,000 in compensation to a holidaymaker who suffered ‘horrendous’ on-going gastric illness following a holiday in Cuba.
Paul Hughes, age 52, from Redditch in Worcestershire, fell ill with severe sickness and diarrhoea during a two-week stay at the four-star Iberostar Daiquiri Hotel with his wife in January 2011, booked through Thomas Cook.
He contacted travel law firm Irwin Mitchell after being ‘appalled at the hygiene conditions he faced at the hotel’, described by Iberostar as ‘top luxury’ on its website.
The firm’s legal team investigated his reports of experiencing undercooked food being served, dirty public areas and seeing a chef leave the toilet without washing his hands.
Thomas Cook admitted liability for the illness shortly after legal proceedings were issued, but the case eventually went to trial when Mr Hughes refused its offer of compensation.
Following a trial at the County Court in Birmingham, Thomas Cook was ordered to pay more than £17,000.
In a statement, Thomas Cook said it was ‘important to note that our own findings with regards to the exact nature of the illness differed greatly from those of Mr Hughes’ representatives’.
"However, while we are disappointed by the outcome of this court ruling, we accept the Judge’s verdict and are satisfied that this matter has now been resolved," it said.
"Thomas Cook closely audits all the properties to which it operates to ensure that the very highest health, safety and hygiene standards are maintained.
"The Iberostar Daiquiri Hotel is a popular hotel with our customers, scoring highly in our customer satisfaction surveys. Our records show that sickness levels among customers staying at the resort since 2011 have been minimal.
"Accordingly, we believe Mr Hughes’ illness to be a rare occurrence and are confident that those due to stay at the Iberostar Daiquiri Hotel will enjoy the quality holiday experience they would come to expect from Thomas Cook."
Clare Comiskey, an international travel law expert at Irwin Mitchel’s Birmingham office, said: "It is disappointing that we had to issue court proceedings and then take Paul’s case all the way to trial in order to secure justice for him.
"This is particularly unfortunate given the ordeal he has already been through, but we hope that the settlement draws a line under this chapter of his life and allows him to begin to move forward."
Mr Hughes said his bowel habits still haven’t returned to normal.
"It has been very hard to get used to this," he said. "I used to eat out a lot with my family but tend not to anymore as I’m too worried about suffering anything similar to what I had to go through in Cuba.
"Nothing can turn back the clock but I am relieved the legal battle is now over. I just hope that my case acts as a reminder to those in the travel industry about the importance of following good hygiene practices so no one else has to go through a similar ordeal."
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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