Holiday accident compensation

S1446591 · 14 February 2017 at 4:58PM

Hi all

We saved for ages to go on a 'holiday of a lifetime' to Mexico in September. The hotel was booked through Hayes and Jarvis, but via Thomson.

The hotel had a kids club which we used a couple of times. Once a week the kids club would join in on a Disney themed show with professional dancers as part of the entertainment program. My daughter was at the kids clubs for rehearsals with her 6yo sister, when she was involved in an accident. The air hockey table in the kids club had its maintenance panel missing, and her hand got caught in the fan belt of the motor.

She took the tip, pad, and half of her nail off. The nail grew back but the rest didn't. The tendons were shredded too meaning she has what's known as a mallet finger, meaning it's permanently bent. She was sedated and her finger cleaned at hospital in Mexico then daily dressing changes and checks.

We lost the last 5 days of the holiday (14 days total stayed) because we were in an eco resort with lots of animals and she couldn't get stitches because the skin was gone.

I've submitted the complaint to Thomsons early October and their legal team is dealing with it.

My question is - should they come back with an offer, what should I consider a reasonable amount?

Total holiday cost was £8998

Thank you for any help

S1446591 · 14 February 2017 at 4:59PM

Sorry, tip, pad and half nail off her index finger

powerful_Rogue · 14 February 2017 at 5:16PM

Have you sought any legal advice? Check your travel insurance as legal cover may be included.

S1446591 · 14 February 2017 at 5:27PM

Thank, I have but my cover has an exclusion against travel agencies! Bizarre.

k3lvc · 14 February 2017 at 5:38PM

What do you consider is reasonable ?

What did you ask for when you made your complaint ? (this was the time to set your expectations from them)

Why did your daughter stick her hand in the mechanism - presumably even though uncovered this was well away from any of the areas that she should have been in contact with on a normal air-hockey table ?

S1446591 · 14 February 2017 at 5:56PM

She had just turned 4 and no one was supervising the kids playing hide and seek. The panel was under the table. I don't know why she did it; why 4 year olds do anything mostly!

I want first and foremost, an apology and acknowledgment that they messed up. Because we missed a third (just over) of our holiday stuck in the room, that this should be considered and proportionate refund given. Compensation for the deformity and nerve/tendon damage - pain suffering etc & vulnerability of the finger (it has no tissue protecting the bone and has fractured once already). Expenses (we were at hospital 3 times each week at least.) that's what I would consider reasonable but as to a monetary figure, I'm not sure.

photome · 14 February 2017 at 6:11PM

I think you need legal advice, the panel shouldnt have been missing but of course this is not UK law we are talking about here

S1446591 · 14 February 2017 at 6:14PM

Isn't it? I was under the impression that the travel agency had a duty of care to make sure the resort was safe and fit for purpose...?

[Deleted User] · 14 February 2017 at 6:14PM

You left your 4-year-old unsupervised? OR - was she in a kids club and they went off unsupervised without the staff's knowledge? Where were the staff from the kids club?

Aside from that - this is lawyer territory really. I'd be looking for a full refund on the holiday + compensatory amounts for the damage to the digit. Will this damage heal? Is it a life-altering damage?

daytona0 · 14 February 2017 at 6:23PM

ringo_24601 wrote: »

You left your 4-year-old unsupervised? OR - was she in a kids club and they went off unsupervised without the staff's knowledge? Where were the staff from the kids club?

Aside from that - this is lawyer territory really. I'd be looking for a full refund on the holiday + compensatory amounts for the damage to the digit. Will this damage heal? Is it a life-altering damage?

Don't think a FULL refund on the holiday cost would be fair personally!

Some aspects of the holiday were fine, including:

- Flights there and back

- A room

- 2/3 of the holiday which was not affected by this

- Food and drink (I assume that it was an all inclusive place based on the price and the fact that it is Mexico!)

I would say that OP should be expecting 1/3 of the cost of the holiday, plus damages. But as you've said it is potentially lawyer territory!

Some further thoughts:

1. Why hasn't the insurance company been contacted yet? Or has OP traveled to Mexico (of all places!) WITHOUT travel insurance?! This situation seems like something you would have no problem in claiming from your insurance...

2. Until they come back with an offer or a final decision, this is all academic and we could come up with a million different valuations for the claim without being correct!

S1446591 · 14 February 2017 at 6:24PM

She was in kids club, for all of 10 minutes and they were not supervising her (although should have been). I have had legal advice and was told to take it through Thomsons claims, failing which to go to small claims and raise action there.

Holiday accident compensation

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