"The team at Irwin Mitchell has a ‘pre-eminent reputation’ for travel personal injury work"

Legal 500 (2016)

Family win £13,000 after holiday to Kuramathi Village, Kuramathi Island, Maldives

Irwin Mitchell acted for a family of four, the Daykins, who holidayed at the Kuramathi Village in the Maldives in August 2005.

Before they left for their holiday they were informed by their tour operator, Kuoni that the main restaurant would be closed for building works and meals would be served from the coffee shop. They contacted Kuoni to seek assurances that the coffee shop would be adequate for guests’ dining requirements and were told that it was.

However, on arrival they found that due to the size of the coffee shop they had to eat outside, sometimes having to use umbrellas to shelter from the rain. The food served at the hotel was often only lukewarm, they suspected that curry dishes were being reheated, the vegetables looked as though they were out of a tin, and they thought that some of the sauces looked as though they had curdled and had been reheated. The mayonnaise looked curdled and was not kept chilled. In addition, food was left out for long periods. There were lots of flies seen around the food and no effort was made to cover any of the food. There was also no hot water in their accommodation. They were eventually moved into another room with hot water after three days.

As well as being disappointed at the quality of the hotel, each member of the family suffered with as extremely unpleasant gastric illness.

Kuoni denied liability and it became necessary to commence formal court proceedings against the holiday company. Despite this, Irwin Mitchell was able to negotiate a settlement award of £13,000 for the family. Kuoni also agreed to pay the family’s legal costs.

Mrs Daykin said: "Unfortunately, my family and I became very ill whilst on holiday in the Maldives. We were shocked that after many months of sending letters of complaint to the tour operator, they and the resort still denied any responsibility for our illness. It became apparent that with the might of Kuoni's legal team behind them I needed back up of my own, so I approached Irwin Mitchell for help. Although the whole process was quite lengthy, it was a pleasure to deal with Jenny Brooks. She guided us through each step of the way and helped us to make a claim. I cannot thank her and her colleagues at Irwin Mitchell enough for all their hard work and support. We are delighted with what we feel is a fair outcome and would recommend their expertise and services to any other family who suffer from food poisoning whilst staying at an all inclusive resort like the Kuramathi Village."

If you have suffered a similar experience, please contact us on 0800 056 0066.

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"We were very happy with the outcome of our case, especially as we were initially offered nothing from the Tour Operator. Irwin Mitchell were very professional throughout and we are very happy with the outcome."

Chris and Michael, Worksop