Tourists seek sun and some easy moneyTour operators are facing an increasing number ofcompensation cases - but are they really justifeid? By Robert Verkaik | ||||||
1 | THE CRUCIAL question for many | how tour operators are being held | ||||
holidaymakers on their way home | responsible for all manner of things | |||||
is not "when can I afford my next | that happen on holiday." | |||||
vacation?", but "how much compen- | 6 | It has become easier for holiday- | ||||
sation will I get for this one?" | makers to sue tour companies. The | |||||
2 | Lawyers advising package tour | Package Tour Regulations, which | ||||
companies say that holiday claims | came into force in 1992, made the | |||||
are becoming increasingly trivial. | tour operator in Britain liable fort | |||||
Last week, a British tourist failed to | he flight, the hotel and anything | |||||
win £3,000 in damages after he fell | else included in the package. | |||||
asleep before both legs of his | Before 1992, many people consider- | |||||
journey, missing flights to and from | ing taking legal action were dis- | |||||
Ibiza. In another case, a tourist took | couraged from suing a foreign tour | |||||
legal action when the air crew | company or hotel owner, because | |||||
failed to serve him boiled sweets. | of the expense and trouble in | |||||
3 | Leeds solicitor Stephen Mason, | bringing a case abroad. | ||||
partner at holiday specialists | 7 | Lawyers point out that having a | ||||
Mason Bond in Leeds, and co- | number of potential complainants | |||||
author of Holiday Law, lays the | all flying on the same aircraft, | |||||
blame for this escalation in "silly | sleeping in the same building, and | |||||
claims" at the door of television | eating the same food, creates | |||||
consumer programmes. | perfect conditions for litigation. A | |||||
4 | He says programmes like the | single holiday failing is often the | ||||
BBC's Watchdog have "gone com- | subject of general conversation on | |||||
pletely over the top" in haranguing | the return flight and it doesn't take | |||||
good companies and products. His | long for one person to introduce the | |||||
comments are backed up by a | issue of compensation. | |||||
judge, who a fortnight ago flew out | 8 | There are, however, still many | ||||
to test a Malta package holiday | genuine holiday claims which fail | |||||
which was the subject of a compen- | because they either fall outside the | |||||
sation claim. Judge Anthony | terms for compensation of the | |||||
Cleary said that he was "extremely | Package Tour Regulations or are | |||||
unhappy" with Watchdog, which | not recognised in the foreign | |||||
featured a special report about the | holiday jurisdictions. | |||||
holiday company. Judge Cleary | 9 | John Price, a partner with Ply- | ||||
said that the programme was "one- | mouth law firm Bond Pearce, | |||||
sided", and "produced untested | recently advised a Plymouth holi- | |||||
evidence" in a "kangaroo court". | daymaker, who was a passenger in | |||||
5 | Mason Bond, a firm of solici- | a car driven by an Italian in France, | ||||
tors, recently represented a tour | which was hit by another car driven | |||||
company which was being sued by | by a Swiss national. This case, says | |||||
a plaintiff who fell off a stage after | Mr Price, highlights the potential | |||||
he was hypnotised in a hotel in | legal minefield for those seeking | |||||
Majorca. Mr Mason explains: "The | compensation for accidents abroad. | |||||
tour operator did not arrange the | ||||||
entertainment, nor advertise or | 'The Independent', | |||||
promote it. That`s an illustration of | September 4, 1998 |