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Holiday Compensation Limited for Ruined Holidays- 17/08/2010
Holidaymakers returning from a disastrous foreign holiday can expect to be reimbursed for delayed or cancelled flights, but should not count on winning major compensation for mental distress or disappointment, warns a leading Wolverhampton litigation lawyer.
Charlotte Clode, a solicitor in the Wolverhampton Litigation Department of FBC Manby Bowdler LLP, says that a recent Court of Appeal ruling means that any damages awarded by the courts for ruined holidays must be consistent with compensation paid out in other fields such as personal injury.
Miss Clode said: “The Court of Appeal said that distress in holiday cases does not equate with bereavement or disability which means that most claims for ruined holidays will end up being for amounts (less than £5000) which can be determined by the Small Claims Court.
“However the Court of Appeal also stated that awards were highest for holidays involving a wedding abroad, and then for honeymoons, so if people believe that a holiday of a lifetime has been ruined then greater compensation may certainly be available through the higher courts.”
In one recent case a couple taking a £60,000 three month round-the-world cruise, which was ruined by rough weather and changes of cabin, received a total of £8,500 in compensation for distress and disappointment. The cruise line had already refunded nearly £50,000 of the cost of the holiday, but was ordered by the court to pay back a further £3,500.
Miss Clode warns that disgruntled holidaymakers seeking compensation should first approach their airline or holiday company before looking to the courts.
She says: “As a general rule, if a passenger needs to complain about a cancelled or delayed flight: first, complain to the airline/tour operator in writing; second, complain to ABTA; third, refer the matter to any credit card company involved
“In addition to either a refund; another flight at the earliest opportunity; or another flight at a later date at the passengers’ convenience subject to availability of seats; inside most of Europe passengers also have “a right to care” which requires airlines to offer meals, refreshments and holiday accommodation as appropriate while passengers wait for a rearranged flight. They should also cover any transport costs between the hotel and the airport.
“Famously in April of this year after the disruption caused by the Icelandic Ash Cloud even Ryanair conceded that it had to pay out for passengers’ costs.
“Package tours tend to be more tightly regulated and holidaymakers should first complain to their tour operator to seek any compensation.”
With 38 partners, FBC Manby Bowdler is one of the largest law firms in the West Midlands. The firm has offices in Wolverhampton, Willenhall, Telford, Shrewsbury and Bridgnorth.