A couple have been awarded more than £5,000 damages by holiday specialists TUI after their two week holiday in the Dominican Republic was ‘ruined’ by an accident on the coach transfer between the airport and their hotel.
They each suffered soft tissue injuries when the coach they were travelling on crashed into the back of another vehicle, leaving them suffering from back pains and headaches throughout their break.
As part of a legal holiday injury claim led by Hudgell Solicitors, it was alleged the driver of the coach had been negligent, leading to the accident causing injuries which lessened the value and enjoyment of their holiday.
Under the Package Travel and Linked Travel Arrangements Regulations 2018, holiday companies are liable for all the services provided on a package break, including flights, transfer, car hire and accommodation.
TUI initially rejected the claim, with legal representatives saying they had no information of the accident.
However, the man, 28, and his partner, 24, were able to provide details of the time and location, and also had pictures of the damage to the coach, which they were able to use as evidence in their holiday accident claim.
Hudgell Solicitors’ accident abroad specialists provided legal support on a no win no fee basis, and arranged for independent medical examinations of the couple.
They also requested that TUI provide documents relating to the maintenance and repairs of the coach involved, as well as any details of complaints or claims made against the company which provided the coach and driver.
Settlements for each of the couple were then reached out of court, totalling more than £5,000 together.
Holiday enjoyment was affected
“I’m pleased we have each finally been awarded compensation as TUI showed little sympathy for the impact it had. It ruined our holiday and they seemed reluctant to compensate us at all for some time,” said the man.
“They initially responded to say they had no information on the accident and that the burden of proof was on us, which I thought was appalling.
“Then, when we had provided all the information, they just seemed to drag their feet and delay throughout the claim. Had they not settled when they did I’d have happily gone to court, because I wanted an apology. The customer care was terrible and there was very little sympathy or understanding shown.
“Of course, we didn’t suffer life-threatening injuries, but it was enough to have a huge impact on our summer holiday, which had cost us a lot of money, and which we wanted to enjoy to the full. We both suffered with pains and struggling to sleep throughout the holiday.
“We also cancelled other plans, such as taking part in water sports, as we knew this was likely to make the injuries and pain worse, and neither of us could afford to have time off work when we returned home.”
The man alleged the driver of the coach had made them feel nervous immediately after leaving the airport.
“I had been to the Dominican Republic some years earlier with my family and I remembered from then that the transfer journey was a bit hairy as they do tend to drive quite close to the other vehicles. This was the case again as he was right up behind the vehicles in front,” he said.
“All of a sudden the coach slammed to a halt and it threw us forward and back in our seats, as the coach had gone into the back of a mini-bus. I was surprised nobody on there was seriously injured. We had to get off the coach and stand at the side of a busy road whilst we waited for a replacement.
“We had very little support from then on from the TUI reps. They basically said they could do nothing about what had happened and told us to try and enjoy our holiday. I was angry as it should not have happened at all, and I knew my partner would not just be able to shake off what had happened.
“The compensation has at least covered the cost of the holiday, so we can now look to use that for another break, or perhaps towards a house move we are planning.”
Accidents on coach transfers can impact on holidays
Anne Thomson, a specialist in accident on holiday claims at Hudgell Solicitors, said: “We’re very pleased to have brought this case to a successful conclusion for our clients.
“Accidents on coaches during transfers between airports and hotels happen each and every year, and can have a significant impact on the enjoyment of holiday breaks for people, especially when injuries are suffered.
“We have supported many families who have suffered in similar incidents, as under package holiday regulations, the holiday operators are responsible for ensuring the safety of passengers on such journeys, even when they use a third-party coach company for those journeys.
“Families work hard to save for eagerly awaited holidays abroad, so when they are impacted by avoidable injury, they deserve compensating. This case demonstrates the need, where possible, to take pictures of accidents and keep details, as that certainly helped with this claim.”
