Court Battle Ends In Defeat For Travel Giant
Published date:
28 Feb 2011
138 Victims Celebrate Success As TUI ‘Drops Charade’ On Court Steps
More than 100 British tourists who suffered terrifying illness at a Bulgarian hotel are today celebrating after a Judge confirmed that travel giant TUI UK Ltd was responsible for their suffering in an important Court victory for the victims.
The outbreak which struck during the summer of 2006 at the 4-star Riu Miramar Hotel in Obzor, Bulgaria saw holidaymakers, many of whom are still suffering even now, hit by severe stomach cramps, sickness, diarrhoea and lethargy.
Today the group’s legal team, travel law specialists from Irwin Mitchell said that the decision meant justice at last for those victims who had suffered so unnecessarily and for so long because of the actions of their tour operator Thomson, which is a subsidiary of TUI UK Ltd.
Many who fell ill voiced their concerns about safety to TUI reps, but say their complaints about the quality and storage of the food, the water supply being frequently cut off, faeces on the toilet floors and the general cleanliness of the hotel fell on deaf ears.
Some guests were even evicted from the hotel which flooded following heavy rain, only to be moved back to the premises while furniture was still outside drying and a strong smell of sewage had swept through the hotel and grounds. Many described how the swimming pools were yet to be refilled and the water supply had been cut off leaving guests unable to flush toilets and wash their hands.
And to add insult to injury the hotel manager told some horrified holidaymakers that their illness had been caused by 'too much sun and sea'. With other tourists alleging that Thomson told them that their symptoms, experienced at the height of summer, were as a result of a winter flu bug when they made contact after returning to the UK.
For nearly five years Thomson denied liability and fought the case, putting every possible obstacle in the way of settlement. But as late as last Friday, only hours before the two week trial was due to commence at Birmingham County Court today, the travel giant finally threw in the towel and accepted liability to compensate victims
As well as entering judgment for the victims against Thomson today, the trial Judge also approved final settlements negotiated for 13 children.
Now some victims await the amount of compensation to be agreed or determined by the Court and the tourists' lawyers are urging Thomson to work with them ‘quickly and amicably’ to agree the outstanding amounts in order to bring the victims' claims to a close so they can finally put the suffering they endured at the holiday hotel behind them.
Commenting on today's Judgment, Irwin Mitchell's head of travel law Clive Garner said: "What our clients experienced at the Riu Miramar hotel in 2006 was simply unacceptable. Many of those who became ill have gone on to suffer years of pain and torment all of which could have been avoided had Thomson, and the management of the hotel, acted reasonably and put their clients safety first.
"It is shameful that the appalling conditions in which so many people fell ill were allowed to manifest and that Thomson then denied responsibility for so many years, instead looking to put every hurdle they could in the way of their own clients getting the justice that they deserve.
"And it is disappointing that these victims have had to practically take their battle for justice to the court steps before Thomson dropped their charade and accepted fault."
Suki Chhokar, a partner at Irwin Mitchell who was heavily involved in the case, said: "Holidaymakers have a fundamental right to know that when they go on holiday every reasonable step will be taken to ensure their safety is maintained.
"It is deeply frustrating to see that yet again a UK Tour Operator has failed in its duties to its own clients and it is a testament to all of the claimants in this case that they have been persistent in their pursuit for justice."
And the lawyers also raised concerns that Thomson had not warned guests about problems at the Riu Miramar, lasted around two months, before they travelled there.
Garner said: "Many of our clients are, rightly, asking why they were not told about potential problems at the hotel before they travelled there, and why it has taken Thomson so long to admit that they were at fault in putting their families’ health at risk.”
Only last month Thomson was heavily criticised in Court for being ‘probably largely motivated by commercial considerations’ in failing to notify guests of a widescale illness outbreak before they arrived at the San Baulo Hotel in Majorca. In that case 57 British holidaymakers affected by severe illness won their fight for compensation against Thomson following a 10 day trial.
Lisa Vel, 39, from South Ockenden, Essex travelled to the Riu Miramar with her family, where both her sons, Jordan, 12 and Louis, 7, fell ill. She said: "Things at the Riu Miramar were not great even before the flood. The restaurant wasn’t clean, there were flies buzzing around the food which was left uncovered and the food was served lukewarm and didn’t look fresh. We had paid extra to go to a nice four star resort and it was such a disappointment.
"Though we were moved to another hotel after the flood, to start with we were treated as unwelcome guests by staff, who didn’t seem to be expecting us. They even refused to give us rooms. To make matters worse it wasn’t really child friendly, so when we were told that everything at the Riu Miramar was back to normal we agreed go back and that’s when things got really bad!.
"When we got back to the Riu Miramar there were still frogs jumping around on the floor in reception. There was a strong smell of sewage and the hotel really did not look ready to receive guests. There was furniture lying around reception drying out, the swimming pools were empty and there was no water.
"Needless to say we are delighted that Thomson has admitted liability, but I wish they had done this year ago and taken our complaints more seriously at the time of the holiday. Both my little boys were poorly and my oldest son will have to live with his symptoms for the rest of his life and this holiday is one he will remember for all the wrong reasons."
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