TUI loses six-year holiday sickness battle
TUI Travel has been ordered to pay £24,000 compensation to a couple who suffered from a gastro illness while staying at an all-inclusive hotel in the Dominican Republic almost six years ago.
A Court of Appeal this month upheld an earlier decision by Birmingham County Court that TUI-owned First Choice was responsible under section 4(2) of the Supply of Goods and Services Act 1982.
The operator had appealed on a technicality, arguing that it wasn’t liable for the transfer of the food at the hotel where Dennis Wood and his wife Margaret fell ill, but Judge David Worster said that although the hotel was not at fault, First Choice was liable to pay damages.
"The contract between First Choice and Mr and Mrs Wood was a contract both for the supply of services and the supply of goods," he said.
"The food and drink supplied to Mr and Mrs Wood at the hotel in the Dominican Republic were goods in which it was agreed that property would be transferred.
"Those goods were not of satisfactory quality because the food in question was contaminated."
Personal injury lawyers Irwin Mitchell said the ruling paved the way for the pair, who had travelled to the Bahia Principe in March 2011, to receive compensation.
"Their holiday was ruined and they deserve a fair settlement to enable them to put it behind them and move on," said lawyer Simon O’Loughlin.
Linsey McNeill
Editor Linsey McNeill has been writing about travel for more than three decades. Bylines include The Times, Telegraph, Observer, Guardian and Which? plus the South China Morning Post. She also shares insider tips on thetraveljournalist.co.uk
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