10.08.2007
Bahia Principe Latest - Offers of Compensation
Having successfully dealt with thousands of claims for British tourists who have contracted illness at many hotels in the Dominican Republic, Irwin Mitchell warn all illness victims not to accept settlements direct from tour operators without first taking expert legal advice that any settlement offers are fair and reasonable.
Irwin Mitchell's Head of Travel law, Clive Garner says today, "We are receiving reports that tour operators and their reps in resort are offering refunds or other incentives to some victims of the illness outbreak at the Bahia Principe Hotel, in "full and final settlement" of any claim they may have."
Irwin Mitchell have previously settled claims for more than 100 guests of the Bahia Principe Hotel in San Juan who contracted illness on holidays. Average compensation payments recovered for our clients exceeded £5000 each, with those with severe and longer term illness recovering significantly higher sums. The table below illustrates compensation recovered by some of Irwin Mitchell's clients with gastric illness claims.
Clive continues, " I strongly advise anyone that has been affected by the outbreak of illness in the Bahia Principe, Gran Bahia Principe or indeed any other hotel in the Dominican Republic or elsewhere, that you should not accept any offers of settlement, holiday vouchers or other incentives to resolve your claims on a " full and final" or other similar basis without seeking expert legal advice first. Similarly you should not sign any disclaimer or other document relating to a possible claim, without getting specialist legal advice.
There is a substantial risk that by accepting offers direct from the tour operator or their representatives, holidaymakers may be severely undercompensated. This applies to those holidaymakers who make a quick and complete recovery from their illness, but for those who have longer term or permanent problems, the risks of under compensation are even greater."
It is not unusual for even modest problems occurring on holiday to attract awards of damages in excess of 150% of the cost of the holiday. Where the problems are more serious, awards significantly in excess of this are usually recovered.
Below are some examples from actual claims which illustrate initial offers of compensation put forward by Tour Operators and the increased compensation which each client received after they instructed Irwin Mitchell to represent them.
| Client | Duration of client's illness | Initial offer by tour operator | Settlement achieved by Irwin Mitchell |
|---|---|---|---|
| A | No illness | No offer | £1,524 |
| B | 2 weeks | £300 | £2,845 |
| C | 2 months | £787.45 | £4,112 |
| D | 12 months | £561 | £4,792 |
| E | 2 years | £1,250 | £5,341 |
| F | Permanent - moderate | No offer | £11,450 |
| G | Permanent - moderate | No offer | £17,000 |
| H | Permanent - severe | No offer | £40,000 |
| I | Permanent - severe | No offer | £200,000 |
We are continuing to receive instructions from large numbers of clients with claims arising from stays at Hotels including the Bahia Principe. For more information and for free initial advice please call 0370 1500 100 or fill in our online claims form here.
Over this weekend we will be dealing with phone and email enquiries between 9am and 4 pm on Saturday and 10 am and 5 pm on Sunday.
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