The Travel and Leisure Law People

Travlaw LLP Supports ABTAs “Stop Sickness Scams” Initiative

Travlaw LLP Supports ABTAs “Stop Sickness Scams” Initiative

You will struggle to find many law firms that have more experience and history in dealing with claims for illness against holiday companies than Travlaw. The recent rise in such cases and scams is new, but the overall problem is not. And that is kind of the point – people going on holiday and feeling a bit under the weather is not at all unusual. There should be, in our view, no liability to pay money in a situation where environmental factors cause short term illnesses – there can be no negligence in such a situation.

Of course, there are situations where unfortunately a holidaymaker becomes ill due to, on balance of probabilities, a break down in hygiene practices at any given hotel. With millions and millions of holidaymakers travelling abroad from the UK every year, it follows that by sheer volume it is going to happen eventually. In recent years there has however clearly been a push by hotels and their owners to improve standards, practices and record keeping. In theory then, the situation is getting better – and that is anecdotally what we have been hearing.

So, it then makes little sense for the sheer numbers of claims the industry has seen in recent years to jump up the way it has. Figures of 400% year on year for this last year, and 700% over the last two years are not uncommon. Those numbers, in our view, simply do not make sense. And we are not the only ones…

The Fightback is already well under way…

UK tour operators, hotels abroad, lawyers like us, the media and indeed membership organisations have been fighting back against this unwelcome and suspect trend for quite a while now. Travlaw have been proud and happy to be a part of that. In fairness, ABTA were early adopters of the resistance to what is seen as a large number of fraudulent, or at least embellished, claims and we welcome their newest campaign, the details of which can be found here.

https://abta.com/tips-and-latest/abta-campaigns/holiday-sickness

We echo the messages being sent out – if you have a genuine claim then you should receive fair compensation. If you do not, you should be aware that there is a determined array of people and organisations that will be there to see that justice, true justice, is done.

Travlaw LLP

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Travlaw - the travel law people

Travlaw LLP is a limited liability partnership registered in England & Wales (Reg. no. OC342402) and is authorised and regulated by the Solicitors Regulation Authority.

Members include: Stephen M Mason* MA, Rivka Hawley ACILEx (Non-Lawyer Member), Matt Gatenby BA (Hons), Farina Azam LLB (Hons). *Holding Higher Rights (Civil) qualification **CEDR accredited mediator.

Associated Offices: Athens, Brussels, Dusseldorf, Limassol, Lisbon, Madrid, Milan, and Paris.