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Legal 500 – Dispute Resolution section (2002)
Stoke Couple Receive Compensation For Holiday Ruined By Illness
Published date:
09 Jun 2008
A couple from Stoke on Trent have received more than £26,000 damages after their holiday in the Maldives was ruined when they fell ill with severe gastric illness.
Richard Kendall (29) and his wife, Deborah (27) from Norton, Stoke on Trent, Staffordshire, travelled to the all inclusive 4* Kuredu Island Resort in September 2004, which they had booked through tour operator, MyTravel UK Limited.
Within days of arriving at the hotel, the young couple were struck ill with severe gastric illness and both experienced diarrhoea, nausea and stomach cramps.
Richard Kendall explained: "My first impression of the hotel was that it looked quite nice. However, I soon noticed that there were health and hygiene problems at the hotel, because I saw rats running along the paths outside the restaurant and there was a terrible foul sewage smell which appeared to come from the filtration plant located behind the restaurant. I also noticed that the food would be left out all day."
"When I fell ill my symptoms were so bad that I blacked out from the pain.
"We had both really been looking forward to this holiday, Deborah and I had planned to go on ten sailing excursions which were to have been the highlight of the holiday. However, we had to cancel all but one of these because we were too ill.
"On the day of our departure, I was still extremely sick. When I arrived at the airport I received medical treatment and was declared unfit to travel and rushed to hospital. I was not able to return to the UK until about a week later."
Following their return home, Mr and Mrs Kendall have continued to suffer long term illness with ongoing symptoms of Irritable Bowel Syndrome.
Mr Kendal added: "I very much regret ever going on holiday to the Kuredu Island Resort. My illness has caused me a lot of distress and I am not sure whether I will make a full recovery from my illness."
Following legal action against MyTravel UK Ltd, law firm, Irwin Mitchell, were able to secure £26,700 compensation for the couple in an out of court settlement.
Jenny Brooks, a lawyer with Irwin Mitchell’s Travel Law team, said: "From reports that we have received, it appears that there was a significant problem regarding health and hygiene conditions at this hotel which resulted in guests becoming ill.
"Implementing basic health and hygiene measures can avoid gastric illness of this nature and prevent holidays such as this one from being ruined. Mr and Mrs Kendall continue to suffer from ongoing symptoms almost four years on. I am pleased that we have been able to successfully bring the case to a close for them.
"Every year we act for hundreds of British couples like Mr and Mrs Kendall who have contracted severe gastric illness on holiday abroad.
"About 40% of our clients also go on to suffer long term or permanent ill health as a result of infections acquired in overseas hotels due to inadequate hygiene measures. “Urgent measures need to be taken in the tourism industry to improve health and hygiene conditions in some hotels and to make problems like those experienced by Mr and Mrs Kendall a thing of the past. Until this is done we will continue to act for the victims of illness in their fight for compensation from those responsible."
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Everyone at Irwin Mitchell Solicitors was very helpful and professional. I am very happy with the result and the way the case was handled.
Douglas, Shrewsbury