'Holidays from hell' lawsuit

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Saturday, February 20, 2010
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This is Cornwall

WESTCOUNTRY holidaymakers are among hundreds suing First Choice in a multi-million legal bid over claims they suffered holidays from hell which left them ill.

They are claiming damages in a potential £3 million action over holidays in the Dominican Republic.

A writ issued at London's High Court claims holidaymakers suffered acute gastroenteritis following their stay at an all-inclusive four-star hotel in the summer of 2007 and complained of poor food hygiene standards, among other things.

The writ says that 409 holidaymakers complain of food, crockery, and cutlery at the Bahia Principe Hotel in San Juan not being properly washed, that food was undercooked, and that food which should have been served hot, such as poached eggs, was stone cold.

Cathryn, Sally and Sarah Feltham, of Rodford Park Road, Plymouth; Mark, Rebecca, Robert and Amanda Weedon of Empire Road, Torquay; Juliana and Trevor Byers, Susan Evident and Kayleigh Fox of St Guvias Park, Penryn, Cornwall; and Alison, Heather and Ryan Coombs and Paul Sharland of Pottery Lane, Yelland, Barnstaple, are among the claimants from the Westcountry.

Law firm Irwin Mitchell, which is representing them, said there was an outbreak at the hotel in 2007 which involved at least 1,000 people, more than half of whom pursued a claim against Thomas Cook and its subsidiary, My Travel. These claims were settled for around £3.5 million. The lawyers estimate that the potential compensation claims left could, if successful, cost First Choice in the same region.

The writ says raw and cooked meats were kept close together at the hotel, food was not covered, the restaurant allowed in dogs, birds, mice and insects, the buffet area was covered in flies with birds picking at leftover food, and they saw mice on tables.

Holidaymakers also stated that they saw piles of vomit in the restaurant, which was not properly cleared up, bottled water was refilled with tap water, and food was not fit for human consumption. They complained of cockroaches and ants in the bedrooms and bathrooms, blocked toilets, defective showers, and bedrooms which were too small.

The accommodation, they say, was not up to the standard of a four-star hotel, and smelled of sewage, urine and vomit. The swimming pool was dirty, and sometimes contained faeces which was scooped out without the pool being properly decontaminated.

Hotel staff were not willing to investigate or record complaints, while First Choice reps were reluctant to record complaints, and guests who were told that no staff were ill then witnessed a waiter vomiting in reception, the writ says.

The holidaymakers accuse First Choice of failing to have a proper system to assess hygiene, sanitary and safety standards in the hotel, failing to provide food and drink which was satisfactory and safe to consume, failing to act on complaints, and subjecting them to unnecessary and reasonably foreseeable risks to their health.

The group say they suffered illness, injury, loss of or diminution in value of their holidays, loss of enjoyment, inconvenience, disappointment, discomfort, distress, anxiety, and injury to feelings.

Amandeep Dhillon, of Irwin Mitchell, has been handling the action. He said: "First Choice have not settled so far and we are now pressing for an early court hearing, hopefully later this year."

He added that previous payouts had ranged from £2,000 to £30,000.

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