A young couple from Liverpool, Jamie Melling, 22, and Chelsea Devine, 21, both put forward individual claims for the sum of £2,500 in way of compensation after claiming that the food and drink at their all-inclusive hotel in Benidorm hotel on the Costa Blanca had left them ill for weeks.
However, photos of the couple posted on social media, showed them having fun at the pool and smiling happily in their hotel room.
The Judge at Liverpool’s County Court ordered the pair to pay holiday tour operator TUI £15,000 in costs. To date, this is a record amount forced to be paid by a claimant for making a fraudulent claim.
Sally Hatfield QC said, “I find that they have not proved that they were ill. “I cannot accept that they would upload photographs of themselves as a happy couple if the holiday was as they claim. “The statements are identical. They say that they did not collude, but it is clear the statements were not written by them. There are inaccuracies in them. “They did not complain [at the time] despite it being easy to do so. They did not complain when they came home. Have the claimants proved that they were ill? “I do not accept that they did not raise the fact of their alleged illness with the hotel because they were young and inexperienced.
“They were young, but they were in contact with their parents, who apparently gave them no advice. I find that there is no reason why they did not complain. I do not attribute any illness to the unsatisfactory food. There is no evidence of contamination. I accept the evidence of the hotel, and there is no evidence of any outbreak.’
Tui, commented, “It’s disappointing we have had to go this far to defend our industry and hotel partners, as well as protect honest holidaymakers.
“The court has found they brought claims that are fundamentally dishonest and have been ordered to pay our costs.
“This goes to highlight the penalty you can face if you bring an exaggerated or fraudulent holiday sickness claim.’
The doctor who supported the claims has been reported to the General Medical Council. He is marred to the partner at the legal firm representing the couple. and the law for, has been reffered to the Solicitors Regulation Authority.
A spokesperson for TUI added, ‘We believe the fact that medical evidence is being produced by the husband of a partner of AMS, the firm of solicitors representing Ms Devine and Mr Melling, raises serious and obvious ethical and legal questions.
“We’ve made the General Medical Council and the Solicitors Regulation Authority aware of this and also highlighted our concern to the court.’
ABTA is calling on the Government to tackle sickness claims ahead of 2018 holiday season. And asking them to remind the public that making a false compensation claim for holiday sickness is an act of fraud and if prosecuted could result in a large fine, criminal record or jail term of up to three years.
There has been a phenomenal increase in compensation claims since 2013, rising by 500%. However, the number of sickness reports to hotels in resorts has remained the same. The problem lays only with UK holidaymakers, travel firms in other countries have not experienced an increase!!!
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk