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Tourists seek sun and some easy money

Tourists seek sun and some easy money

Tour operators are facing an increasing number of
compensation 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 specialists7     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 out8     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 Cleary9     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