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£4,550 compensation after gastric problems at Turkish hotel

A well-known travel firm has again been found wanting in light of Simpson Millar's successful damages claim on behalf of a West Midlands holidaymaker.

In August 2013 our client was holidaying with her husband and 2 sons at the Club Cettia Resort Hotel in Marmaris, Turkey. The 38-year-old from Kingswinford had booked the 7-night, all-inclusive package with the UK tour firm Thomas Cook.

Holiday ruined

Slip trip and fall injury and accident abroad

"Our client contracted a gastrointestinal infection with symptoms that included cold shivers, fever, severe diarrhoea, vomiting, lethargy, rash and stomach cramps," Simpson Millar's Paul Stevens said. "These were probably due to the insanitary conditions of the hotel.

"Instead of enjoying her holiday our client was obliged to self-medicate, had to consult her GP when she got home and was forced off work for a week."

'Classic' food poisoning symptoms

2 days after arriving at the hotel our client began to feel unwell. By next morning she was suffering profound lethargy, abdominal cramps, diarrhoea, headaches and myalgia – all classic symptoms of a gastric infection.

"The severe symptoms continued for some 48 hours, during which time our client consumed no food and tried to remain hydrated with self-prescribed oral rehydration salts, Paracetamol, Loperamide and Ibuprofen," Paul explained.

"On exhausting her medical supplies, she bought Buscopan and more rehydration salts."

The holidaymaker's younger son also became unwell, with her husband suffering similar symptoms.

Off-colour for 3 months – and a week off work

2 days before our client was due home, having felt very poorly for most of her holiday, she noticed that a blistering rash had developed on her abdomen and back – a condition which persisted for another week.

Although her illness slowly improved, it was a full 3 months before our client's appetite and energy levels had righted themselves, her symptoms further aggravated by spices and rich foods.

A hospital pharmacist, she was forced to take a week off work for the sake of patients' protection.

Uninterested holiday rep

Slip trip and fall injury and accident abroad

"It seems the Thomas Cook holiday rep was made well aware of the family's indisposition at the hotel, but was disappointingly dismissive of the situation," Paul noted.

"It's unlikely our client will take another package holiday following this experience."

We alleged that Thomas Cook had breached 30 conditions of the Package Travel Regulations 1992, whereby the firm is liable for any negligence on the part of its hotel partners.

"The personal injury sustained by our client was avoidable had the company and/or the hotel exercised due care," Paul said.

"Simpson Millar was excellent"

Following settlement of £4,550, a delighted client praised our "excellent" support. "From the initial contact I had with Simpson Millar to getting a final resolution, Paul provided a great service and was able to explain any concerns I had."

Paul concluded: "The outcome of this case shows that you can claim compensation for gastric illness even if you're unsure which bacteria caused it."

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