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Brabners Chaffe Street reports increase in holiday claims activity
13/05/2010

The holiday season is upon us again and some solicitors are already seeing an increase in enquiries from disappointed holiday makers seeking advice on their rights. In the wake of the volcano ash disruption and incidents such as the recent bout of illness on the Boudicca cruise ship, law firm Brabners Chaffe Street is reporting an unusually high number of enquiries concerning ruined holiday plans.

Paul Lunt, litigation partner at Brabners Chaffe Street, says that the firm has recently received instructions on a wide range of holiday or travel related problems. "Holidays are extremely important to most people who often spend all year planning for their break. Understandably, they feel very strongly when things go wrong through no fault of their own" he says.

"A common problem in advising disappointed holiday makers is that they often feel the amount of compensation provided for is inadequate or that it doesn`t properly reflect the level of upset and distress caused to them. In some circumstances, there are regulations that will cover direct costs such as accommodation costs for those that are stranded but the actual compensation for a ruined holiday can be fairly meagre."

"Damages can be awarded to reflect the value of the ruined holiday when compared with the holiday as it was promised in the brochure. If the holiday was totally ruined, this might well be a full refund of the cost of the holiday. The court can also award money for out of pocket expenses, including alternative accommodation, plus damages for physical discomfort and compensation for mental distress."

Only three weeks ago, the Court of Appeal reviewed the level of compensation to be awarded in ruined holiday claims. It acknowledged the "rather low awards" given by the courts but did little to change the position.

"Looking at past court decisions, one of the highest awards for the distress of a ruined honeymoon was only £4,406. Many of the awards are much lower. Run of the mill ruined holidays have typically attracted between £80 and £1800" says Lunt. "Holiday makers would be well advised to look very carefully at the level of cover on their travel insurance to make sure that they will be adequately compensated should anything go wrong."


For further information contact Paul Lunt at Brabners Chaffe Street on 0151 600 3061

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