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Operators face tough battle against claims


HOLIDAYMAKERS are being fuelled by a group of consumer ‘rabble-rousers’ to take action against tour operators, according to legal firm Field Fisher Waterhouse’s partner Peter Stewart.



Stewart said holidaymakers were being encouraged by firms of solicitors and “magazines with circulations to boost” to take class actions against tour operators.



He said holidaymakers were making unreasonable claims against tour operators and, in some cases, winning. He gave the example of holidaymakers on a£1,400 holiday to Margarita Island who had sued First Choice because they had been unhappy with their hotel.



“The hotel was dirty and they were moved after only one day. They had had a reasonable time but they recovered their £1,400 holiday cost and claimed £500 for loss of enjoyment.”



He said he did not believe that consumers did not take legal action lightly, as claimed by Holiday Which editor Patricia Yates.



“The customer phones their lawyer while they are on holiday and a fax arrives on the tour operator’s desk while the customer is still on holiday.”



He said he knew of a case where a tour operator had made a compensation offer to a client who had accepted the settlement but the complainant had then joined a class action against the tour operator.



He warned tour operators to choose their battles carefully. “The customer is not always right,” he added.


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