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Holiday Accident Claims

Thomas Cook Agrees to pay Compensation following Illness Outbreak at the Smartline Colour Beach in Egypt

Thomas Cook has admitted improper performance of the holiday contract following a recent spate of gastric illness at the all-inclusive Smartline Colour Beach hotel in Hurghada, Egypt.

Medical professional icon

Symptoms

Diarrhoea, stomach cramps, fever and nausea

According to our clients a large number of holidaymakers suffered from severe diarrhoea, stomach cramps, fever and nausea. These symptoms are commonly attributable to the consumption of contaminated food or water.

Our client travelled from Manchester airport and booked to stay on an all-inclusive board basis, so all their meals and drinks were included in the cost of the holiday. The food however was a conduit for food poisoning because it was served at a luke-warm temperature with bacteria multiplying rapidly in the food. It was heated by tea lights!

Legal expert comment

Simon Lomax, Simpson Millar’s, Holiday Accident and Illness Claims manager said:

"Holidaymakers can be severely ill with gastroenteritis and it can be occasionally fatal, in the elderly, the young and those with compromised immune symptoms."

"Food should be maintained above 67 Degrees centigrade to destroy bacteria in food and prevent growth. This is a basic requirement of international HACCP requirements."

Simon continues to say:

"My client also mentioned that a guest had a faecal accident in the main swimming pool at the Smartline Colour Beach. The hotel failed to implement a proper faecal incident plan, i.e. close the pool, shock treatment with chlorine and filter the water."

"Instead, a member of the hotel’s staff simply removed the offending item from the water with a coloured fishing net!"

Legal paperwork

Letter to Tour Operator

Simon clearly details all the facts about this illness compensation claim

“As a consequence of their experience I wrote to the tour operator alleging that:

  • The Hotel failed to exercise reasonable care and skill to ensure the elimination of risk of infections from the accommodation and facilities at the Smartline Colour Beach
  • It also failed to institute, monitor or enforce any or any reasonable system of food or water hygiene, including HACCP type systems
  • There were flies on the food and ants in the restaurant
  • Thomas Cook exposed our clients to a reasonably foreseeable and easily avoided risk of illness
  • The accommodation provided was not reasonably safe and not of the 4 star standard advertised.

"Swimming pool bugs can be killed by raising chlorine level to a very high level (the pool must be closed) for a couple of hours. Filters provided they are correctly installed, maintained and operated should remove bugs which cause sickness. The correct operation of filters is complex and can only be undertaken adequately by a fully trained technician."

Compensation claim settlement success

Tour Operator

Thomas Cook admits liability and agrees compensation

Compensation claim for illness at the Smartline Colour Beach in Egypt

"Thomas Cook has now admitted liability and causation and agreed to compensate our client subject to the provision of medical evidence."

Holidaymakers who experience sickness whilst on a regulated Thomas Cook holiday are able to claim compensation pursuant to the 1992 Package Travel Regulations.

Holidaymakers who experience illness whilst staying at the Smartline Colour Beach are advised to contact us urgently for advice.

Get in touch for a chat about how we can help you by filling in our quick, no obligation enquiry form and we will call you back or you can call us directly on 0808 145 1353.