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COMPENSATION AWARDS Cash
Recovery |
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Claims for
the recovery of funds are the least complex of claims. Direct losses such as
baggage, failure to provide a service or services paid for in advance,
uninsured losses for personal effects, the cost of medical treatment and
consequential losses resulting from the failure to provide services (meals out,
laundry, car hire etc) involve the recovery of the direct cost.
Such
claims are for the receipt value with interest added.
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Compensation For Stress, Inconvenience &
Distress
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In a number
of far reaching judgments there have been substantial awards for Claimants who
suffered severe stress etc as a result of holiday firms failing to be diligent
or attentive. Usually the awards are higher if illness is involved and or
children. Outbreaks of food poisoning on cruise liners have been well
publicised and the courts do not accept that just a refund of the holiday costs
is adequate.
When making an award the court will take into account the
severity of the inconvenience and the conduct of the company. It is now common
practice for the courts to "punish" the companies with punitive compensation
awards.
It is not possible to quantify such awards as every case is
different but the quality of the evidence can be
fundamental in ensuring a substantial award.
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Joint
Claims
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With the
growth of mass transport and "package holidays" failure by holiday companies
has become a matter for "many" rather than just one individual. Joint claims
have therefore become more common and many substantial successes have been
achieved. The advantage for the Claimants is that this type of claim will
usually be pursued by a legal firm on a no-win no-fee basis (substantial costs
being recoverable from the other side).
Knowing your holiday friends
is obviously advantageous and pursuing a single joint action usually results in
a substantial out-of-court settlement.
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