An outbreak of listeria in melons in the US may cause more illness and deaths in coming weeks, say US health officials. Now illness specialists at Irwin Mitchell are calling for extra vigilance to ensure that such bacteria does not spread to the United Kingdom.  To date, the outbreak has caused at least 139 illnesses and up to 29 deaths, across 26 US states, making it one of the deadliest food outbreak in the country in more than a decade. The outbreak has been linked back to contaminated melons at Jensen Farms in Colorado who supply a number of multinational food distribution companies including Aldi and US Foods.  

Symptoms 

Listeriosis is an infection caused by the bacteria called Listeria monocytogenes. In most people, listeriosis is mild and causes flu-like symptoms or diarrhoea, vomiting and the symptoms usually pass after 3 or 4 days without the need for any medical treatment.

However, in rare cases, the infection can spread to other parts of your body and cause serious complications, such as meningitis which doctors describe as invasive listeriosis. If this is the case, you'll need to be treated with antibiotics in hospital for several weeks.

How to prevent Listeriosis

Practice good food hygiene! For example, you should:

• not use food that's past its ‘use by’ date
• follow storage instructions on food labels
• make sure that the temperature of your fridge is between 0ºC and 5ºC
• cook food thoroughly

Irwin Mitchell who act for thousands of holidaymakers who have suffered illness abroad are urging tour operators to ensure safety is their first priority, as moves are made to increase the number of all-inclusive holidays available.

Recent research from Mintel shows that in the five years up to 2010 the 'all-inclusive' holiday market grew by 32 percent. Irwin Mitchell are now demanding improvements to hygiene and safety as First Choice confirmed it will become the first major tour operator to make all of its holidays all-inclusive. This means every one of its packages will include the cost of flights, accommodation and food and drink at its resorts from 2012.

The popular countries where all-inclusive holidays are common are in destinations such as Spain, Turkey, Egypt and the Dominican Republic. These come in the firm's top five worst holiday destinations.

We have had holidaymakers contact us in relation to gastric illnesses amongst guests staying at the Now Larimar Hotel, Punta Cana, in the Dominican Republic during June 2011.

Have you been ill on holiday or know of anyone that has suffered from illness on holiday?

Outbreak of Norovirus at Bognor Regis Butlins which has affected approximately 200 people. Recent reports indicate that many of the holidaymakers and staff at the West Sussex site are ill with diarrhoea and vomiting. It was confirmed that health officials are working with the resort managers to locate the exact source of the problem.

The outbreak became apparent over the weekend, and all of those affected have left the resort and have been offered a refund. Anyone who had arranged to travel to the site have been advised they can transfer their booking to another resort or rearrange their break. Butlins have confirmed that cleaning procedures on the site are being carried out to stop the wide spread virus. Please let us know if you or anyone you know has been affected or would like free initial advice.

Travel lawyers at Irwin Mitchell have welcomed the release of a new report that highlights the destinations where tourists from England, Wales and Northern Ireland are most at risk of suffering stomach illnesses.

The new study from the Health Protection Agency (HPA), entitled Foreign Travel-Associated Illness – A Focus On Travellers’ Diarrhoea, found that Egypt was the highest risk destination for gastrointestinal illness. Another common holiday destination identified as high risk was Morocco.

The study also found that, of the cases where the infective organism had been identified, half were found to have been caused by salmonella. Other common organisms to be identified included campylobacter, shigella and giardia.

It was also revealed a number of other factors that could affect how at risk a person is of acquiring diarrhoea and other stomach illness problems, including:

hygiene standards at hotel accommodation (including swimming pools),

hygiene standards at local eateries, and

the individual’s own personal hygiene.

HPA travel health expert, Dr Jane Jones said that while people should take steps to protect themselves on holiday, “it is also important that travel health specialists and the travel industry work together to increase awareness of travellers' diarrhoea and to actively promote prevention strategies in high risk destinations.

Irwin Mitchell’s International Travel Litigation Group has represented thousands of clients who have seen their holidays ruined by illness caused by the failure of accommodation providers and tour companies to ensure proper hygiene standards are adhered to.

Clive Garner, head of the firm’s team of travel law experts, said: ” There is a clear link between this research and our own work. We are regularly contacted by travellers who have seen their hopes of a dream holiday completely destroyed by illnesses which could and should have been avoided.

“However, in my view the term ‘travellers’ diarrhoea’ is a misnomer. It suggests that people should expect to fall ill on holiday. Such illnesses should not be treated lightly, as ‘holiday tummy’, but as serious infections that can require hospital treatment. Our experience is that up to 40% of people who contract gastric illness on holiday are left with long-term or permanent symptoms. 

“One of our most recent cases has seen the team take on the case of a couple whose one-year-old baby fell ill with salmonella during a stay this year at a five-star hotel in Morocco, which was one of the riskiest destinations flagged up in the report. We also represent over 100 people whose holidays at the Holiday Village Red Sea in Sharm El-Sheikh, Egypt this year were ruined by illness.   

“Travel companies must take note of this report and ensure that all of the resorts they promote or affiliate themselves with meet the best possible standards in terms of hygiene.  It is no excuse to say that certain countries are high risk and leave it at that.  Holidaymakers should always be careful with their personal hygiene, but if hotels are not playing their part by maintaining hygiene standards then people can still fall ill.  Tour operators should instead focus on higher risk countries to ensure that standards are being met.” 

The HPA advises all holidaymakers to be vigilant with personal hygiene, including: 

·         washing hands after visiting the toilet and before eating,

·         use sanitising hand gel,

·         avoid drinking tap water,

·         ensuring the food they eat has been recently prepared, is properly cooked and is piping hot.

Beaches in Sharm el Sheikh are set to reopen after a series of shark attacks forced their temporary closure.

South Sinai Governor Mohamed Abdel Fadil Shousha said that new measures will be put in place to safeguard swimmers.  These measures include:

• watch stations along the shore, manned by professional divers with binoculars who will monitor the waters,
• continuous patrols by speedboats,
• designated areas for swimmers, and
• a ban on feeding sharks.

Mr Shousha said: "We have allowed the beaches to reopen on condition hotel owners adhere to new controls to ensure the safety of foreign tourists while diving or swimming."

Beaches in Sharm el Sheikh were initially closed and almost all water sports suspended after three Russian snorkellers were badly injured after being bitten in separate attacks on 30 November and 1 December.  A Ukrainian also suffered severe injuries after being mauled. 

It is thought that these attacks involved an oceanic white tip shark and a mako shark.  Local fishermen caught one of each type of shark, which were declared to be the animals responsible for the attacks, even though shark experts said that there was no evidence that this was the case.

The beaches were reopened, but on 5 December a 70-year-old German woman died after being mauled by an oceanic white tip shark while snorkelling, and water sports were again suspended in the area. 

Shark biologist Ian Fergusson, patron of the Shark Trust, has said that while oceanic white tips are common in the region, it is unusual for swimmers to encounter them in shallow waters.  This is because, as their name suggests, they are usually found in the open ocean.  He also said that it was very rare to find mako sharks in the Red Sea, and exceptionally rare to find them so close to the shore.

Shark experts have been trying to understand why these attacks have happened. One theory is that luring sharks into shallow waters with chum (a bait mixture of oil and fish parts) so that they can be filmed and hand fed is causing them to associate humans with food.

However, speculation has focused on an unidentified ship which apparently dumped animal carcasses overboard when it passed close by to Sharm el Sheikh, thereby attracting large numbers of sharks to the area. 

The Red Sea is one of the most popular diving and holiday spots in the world.  If you are planning a holiday there, remember to check for and pay attention to any safety signs on the beach.  If you are not sure what the different colour flags mean, then ask a life guard.  Always obey any instruction from a life guard.  

Many of us are now becoming more aware of the importance of using the correct child restraint when we have children travelling with us in the car. Councils and charities are doing a good job in raising awareness and free child seat checks are available in many areas. // Those of us who drive abroad should remember that laws relating to child restraints are often different from those in the UK. Victoria Gallanders, a solicitor in our travel law team has been investigating the situation in order to provide practical help to parents and carers.

The facts

 In a collision an unrestrained child can be thrown forward with a force of up to 60 times their body weight, even when the vehicle is travelling slowly.

Being thrown with this amount of force not only puts the child at risk of serious injury, but they could also seriously injure or even kill other passengers inside the vehicle. Small children are also at risk of being thrown through a window in a collision.

Victoria said: “It is vital that our children are correctly restrained when travelling by car. This can only be done by using the correct child seat and seatbelt.  Sitting with a child on your lap is not a safe way to travel, because in a crash, no matter how strongly you try to hold onto your child, they would be torn from your arms.”

The law 

In 2006 the law regarding child seats in England changed. Your legal obligations now depend on the age and height of your child. Since this change in the law, there have been many efforts to increase awareness of car safety requirements.  However, it is easy for parents to forget that the law is different in different countries. 

The European Union has created new laws to harmonise child car safety across Europe. Local laws are not however always the same in each country and outside of Europe there are even larger variations in the law.

Some foreign countries have stricter laws than England. For example, the age at which children can travel in the front seat can vary from country to country. 

Some countries have less strict rules than we are used to in England.  Parents may therefore want to make sure that their children are safe, even if local laws do not seem to require the same measures that we are used to in England.

What you can do 

Victoria Gallanders has a number of recommendations for families when driving abroad: “When driving your own car abroad, you should research the countries that you will be driving in. Make sure that your car seats comply with local laws, as you could face fines or criminal charges if you do not carry children safely. Your travel agent or the country’s Embassy should be able to assist you with any questions that you have.”

Those hiring a car while abroad should also take steps to ensure their children are safe. Victoria said: “If you hire a car when you get to your destination, again you should do some preparation ahead of your visit. Hiring a car seat from the car hire company can be expensive, so it may be worth taking your own. If you do take your own, you should make sure that your car seat complies with the laws of the country you are travelling to. If you are flying to your destination, you may also wish to check with your airline to see if you will have to pay excess luggage charges."

Wherever you choose to travel with your family, drive safely and have a good holiday!

Are you a parent that loves holidays with Kids’ Clubs? If so, you’re not alone.   

While kids often have a great time making new friends, playing games and trying out new activities, parents often enjoy taking a well earned rest while their kids are having fun. 

Parents may be interested to know, however, that not all Kids’ Clubs are the same. The responsibility for regulating Kids’ Clubs and ensuring safety often varies depending on where the holiday is and who you booked it with. 

Victoria Gallanders, an expert in travel law at Irwin Mitchell has been investigating Kids’ Clubs. “Kids’ Clubs in the UK should be registered and regulated by Ofsted, unless they are exempt,” said Victoria. “English Health and Safety laws also apply to the Kids’ Club to ensure that your children are safe whilst in their care.” 

The situation outside the UK is less clear-cut and regulation varies from country to country.  Commenting on overseas Kids’ Clubs, Victoria said: “Kids’ Clubs in foreign countries have to adhere to the laws of that country, but these may fall short of the standards that we have here in the UK. Parents with kids that are likely to join a Kids’ Club may want to do some research before they book.”  

Many UK tour operators offering package holidays offer their own Kids’ Clubs and adhere to the Federation of Tour Operators’ Guidelines on Child Safety.    

While most children return safely from a Kids’ Club, it is important for parents to understand their rights in the unfortunate event of an accident. Victoria said: “If your child is injured whilst under the care of the Kids’ Club staff, the actions you can take vary depending on who you booked your holiday with.  If you book the Kids’ Club activities as part of a package holiday and your child is injured, it may be possible for you to bring a claim in England against the tour operator under the Package Travel Regulations.   

"Even if your child is injured whilst in the Kids’ Club care and the Kids’ Club was not part of a package holiday, you may still be able to bring a compensation claim against the hotel of the company that provided the club. In these circumstances the claim would need to be brought in the foreign country and your claim would be subject to that country’s laws."

If your child has been injured while at a Kids’ Club, we recommend that you seek expert legal advice as soon as possible. Call us free on 0800 056 0066.

London-based firm Flight Options Limited, trading principally as Kiss Flights, ceased trading at 5pm on 17 August 2010.  The budget flight company operated charter flights to Greece, Egypt, Turkey and the Canary Islands.  The company has an estimated 13,000 customers currently overseas, and around 60,000 people have forward bookings with the company. 

Flight Options / Kiss Flights is the 13^th holiday company to cease trading so far this year.  Sun 4 U collapsed last week and Goldtrail folded last month.  Flight Options / Kiss Flights operated flights on many of the same routes as Goldtrail, and it is possible that some unfortunate holidaymakers will be adversely affected for a second time. 

The Civil Aviation Authority (CAA) has confirmed that Flight Options / Kiss Flights was ATOL (Air Travel Organisers' License) protected under ATOL 4233.  The CAA has provided the following advice for concerned Flight Options / Kiss Flights customers. 

If you are currently abroad: 

The CAA has said that ATOL protected customers will be able to complete their holidays and travel home in line with the scheduled end of their holidays. You are ATOL protected if your flight was booked with Flight Options / Kiss Flights – check your invoice, looking for ‘ATOL 4233’.  In these cases, you should arrive at the airport in time to check-in for your flights home as normal. In most cases, accommodation was booked independently with another holiday company and so is not affected by the failure of Flight Options / Kiss Flights.  If this applies to you (check your booking invoice), you do NOT have to pay again for your accommodation.  Flight Options / Kiss Flights did sell a very small number of package holidays.  In such cases, only the flight element of the holiday is protected under ATOL 4233.  You may be required to pay again for the accommodation, although you should be able to claim this back using the claim form on the CAA website - see caa.co.uk.  Remember to obtain and keep a receipt. If you are currently abroad and experiencing difficulties, you can call the CAA helpline on 0044 161 444 5811. 

If your flight leaves the UK before 6pm on Wednesday 18 August 2010: 

The CAA has confirmed that because Flight Options / Kiss Flights ceased trading at the height of the summer season, it has made arrangements to allow a limited number of people to travel out on their holidays in order to reduce confusion and protect passengers.  If your flight leaves the UK before 6pm on Wednesday 18 August 2010, it will operate as planned and you should go to the airport and check in as normal.  

If you have a forward booking leaving after 6pm on Wednesday 18 August 2010: 

If your flight leaves after 6pm on Wednesday 18 August 2010 you are advised not to travel.  Instead, you should make a claim for a refund – the CAA website (caa.co.uk) has details on how to make a claim.  You are ATOL protected if your flight was booked with Flight Options / Kiss Flights – check your invoice, looking for ‘ATOL 4233’.   The ATOL protection only applies to the flight element of your holiday.  You will not be able to claim a refund for the accommodation element of your holiday if it was provided by another company – check your booking invoice for details. Rather, you should seek advice from your travel agent about making alternative travel arrangements where possible.  You will have to pay for the replacement travel, which may well cost more that the original flights.  You should check your travel insurance to see if you may be able to claim any additional cost, but you will not be able to claim it under the ATOL scheme. If you have a forward booking and need general advice you can call the CAA helpline on 0844 571 7262.

Holiday company Sun 4 U ceased trading on 12 August at 9pm.  The UK’s air industry regulator, the Civil Aviation Authority (CAA), has provided advice for passengers.   Sun 4 U acted in a number of different capacities, so advice depends on the actual booking.  You need to check who your contract is with by checking the invoice you received when you booked. 

Customers who are currently abroad:

·         If you are currently abroad on a Sun 4 U package holiday which includes the flight under ATOL 9251 (which should be shown on your invoice):

o        You should be able to complete your holiday and fly home.  You should check in for your flight home as normal.

o        If the hotel requires you to pay again for the accommodation then you can claim this back using the claim form on the CAA website - see caa.co.uk

·         Sun 4 U also acted as agent for other tour operators and airlines:

o        These holidays should not be affected – if in doubt, check with your tour operator.

·         Sun 4 U also sold accommodation only:

o        This is not protected by the ATOL scheme.

o        If you are unable to stay in your accommodation or have to pay again, you should contact your credit card issuer, your Visa bank card issuer or your  travel insurer to see if you can get a refund. 

Customers just arriving in resort – Thursday 12 August onwards:

·         Some flights have departed carrying people who bought a Sun 4 U package holiday which includes the flight. 

 ·         When they arrive they may find the transfers and accommodation they booked is no longer available. 

·         The CAA is advising them to make their own arrangements if they are able to and send a claim form to the CAA when they return home – remember to ask for and keep receipts. 

·         The accommodation supplier may be willing to accept a CAA guarantee for their accommodation.  The accommodation supplier should contact the CAA for advice.   

Customers with forward bookings:

·         Sun 4 U acted in a number of different capacities, so you need to check who your contract is with by checking the invoice you received when you booked.

·         If you who contracted directly with Sun 4 U Limited for an package holiday which includes the flight under ATOL 9251 (which should be shown on your invoice) you are advised not to travel but instead should make a claim for a refund – check the CAA website for details on how to claim – caa.co.uk.  If you decide to travel, you do so at your own risk. 

·         If you have an invoice showing the supplier as another company, it is likely that Sun 4 U acted as an ABTA travel agent.  You should contact the supplier about the status of their booking.  If you are unable to travel or need advice, you should contact ABTA.

·         If you booked just accommodation with Sun 4 U, these arrangements are not covered by ATOL and may not be covered by ABTA.  If an accommodation supplier is identified, you should contact the supplier to establish the status of their booking.  If you are unable to use the booked accommodation, you should speak to you credit card issuer, Visa bank card issuer or travel insurer about whether you can obtain a refund.