TUI illness compensation / excursion refund

sinistertech05

Hi,
My partner and I recently returned from a 2 week holiday to Tunisia, booked through TUI.

We booked and paid for 3 excursions during the holiday through our TUI rep. Unfortunately, on the second week my partner and I became ill. The symptoms matched those of E coli food poisoning. After 3 days, there was no sign of improvement and we contacted the hotel nurse who prescribed several remedies including the antibiotic Rifaximin which is used for E Coli.

We only ate at the hotel with the exception of the aforementioned TUI trips. The third trip was booked for the day before we departed, which we were unable to attend due to the ongoing illness. Unfortunately, this was also our TUI rep's day off and so we were unable to ask him for a refund before our early morning flight the following day.

Upon our return, we wrote to TUI requesting a refund for the excursion and compensation for food poisoning. TUI responded and dismissed both points.

On the point of food poisoning they stated:

"Stomach upset is common when travelling, but with more isolated incidents, when not reported to a hotel doctor at the time, it’s difficult to determine where the illness was contracted and it is common when travelling overseas due to the change in water, climate and food. This normally passes quite quickly with over the counter medication."

This implies that they think 3 days is too long to wait to report food poisoning. We had told them in our letter that we had taken all reasonable precautions - avoiding tap water, only eating at the hotel and the food provided by the TUI excursions, using antibacterial hand sanitiser etc.

On the point of the trip we couldn't attend, they stated:

"In cases where you encounter a problem with an excursion or are not satisfied, our Holiday Advisors and local office are empowered to assist. Any compensation due for an excursion would be at the discretion of our local staff and the local suppliers."

As stated, their Holiday Advisors were on a day off between us being unable to attend the trip and us departing.

Does anyone have any similar experiences or any advice on the validity of these points? I have yet to respond to their reply.

Any advice or tips would be greatly appreciated.

Many thanks.

globetraveller

Who told you had e coli? The antibiotic can just be used for travellers tummy. Its annoying to be ill on your holiday but it doesn't need compensation. It happens. Wanted to be sh in there but thought it would be censored!What do the T&Cs say for your excursion?

shaun_from_Africa

sinistertech05 wrote: »

Unfortunately, on the second week my partner and I became ill.

To the best of your knowledge, how many other hotel guests became ill at the same time?
If it was food poisoning then it's highly likely that there would have been a fair few other cases at around the same time.

waamo

This would be better off on the travel board. Be warned some holiday companies are taking a hard line on compensation claims for illness on holiday claims.

Some claimants have ended up being prosecuted for fraud.

Pollycat

waamo wrote: »

This would be better off on the travel board. Be warned some holiday companies are taking a hard line on compensation claims for illness on holiday claims.

Some claimants have ended up being prosecuted for fraud.

And quite rightly.
Some appalling stories of chancers alleging they were ill whilst posting photos on social media of them taking advantage of the food and drink.
Not suggesting that the OP is one of those scammers.

ThumbRemote

You'll almost certainly need specialist advice, probably from a solicitor that specialises in this sort of claim. They'll be much more clued up on what sort of proof is needed.