Compensation ?

[SparrowLegs]

Hi,
I was very ill on The Calypso May 2008 and confined to my cabin for 6 out of the 7 day cruise. I was given the all clear after 48hrs but contracted the same illness again. Dont know what it was but my doctor thought it could have been gastroenteritis after hearing the symptoms. My wife was also confined to the cabin for the same period.I contacted Thompsons on my return and thought they would compensate me and my wife for our distress and lack of holiday. After 12 months of correspondance to no avail, I have put in a claim via the county court. Has anyone had any similar problems or successful claims. We have since cruised on the Celebration and had a wonderful time.

[vwgolf]

Not sure why compensation should be payable. You could try and prove that you caught a bug through Thomsons not showing a duty of care but that would be difficult to prove. Did any other passengers fall ill? It sounds like an unfortunate illness that you just happened to catch whilst on holiday and hopefully you will never have to go through it again.

[History addict]

Hi Sparrowlegs. Sorry to hear you had such an awful experience on your cruise.

To make a claim through the courts you will have to prove that Thomsons were liable at law, usually meaning that they were somehow negligent and that your illness was a direct result of that negligence. I would imagine this would be difficult. The fact that you became ill on the ship doesn't automatically imply Thomsons are negligent as you could have picked up the virus from a port visit, other passengers, etc - not saying this is the case in your circumstances but this is the legal situation.

I hope you have advised Thomsons that you have started a legal process off as they may well offer you something as a goodwill gesture to avoid the expense of fighting a claim and any negative publicity. Unfortunately, I think this may be your best bet although I would be delighted on your behalf to be proven wrong.

[SparrowLegs]

Hi,
Thanks both for your comments and advice, I now known you are correct in so much that I cannot proove Thompsons were negligent. I have today recieved a copy of their defence and The Athens Convention which they say are relevent laws to their defence statement. I did notify Thompsons of my intent to go to the small claims court, in the hope of a goodwill gesture, which in truth was all I could expect. With their negative responce it was either put up or shut up,( the red flag to the bull immediatly came to mind) As part of their defence statement they intend to claim costs should I not afford "strict proof" of my allegations. The hole gets deeper!!. I have never actually accused Thompsons of anything only stating facts of my illness, never affording any blame. I do not know how or why I was so ill and I have said this from the onset The fact I have stated which they have not commented on and is surely worthy of some goodwill gesture was the fact that my wife who was perfectly well for the entire cruise was confined to our cabin for the 6 days the same as my self. We are responsible people and would not wish fellow passengers to have contracted my illness, unfortunatly at our expense. Its gone a bit far now but I will see it through and let you know. On a lighter note we are trying out the opposition (not for a claim)this week with Fred Olsen on the Braemar.

[kruzseeka]

Enjoy your cruse with F.O - I really hope it's a good one and will help wash away your unhappy memories of your time on Calypso. Just a thought though - have you tried your holiday insurance? Perhaps in the absence of trying to ascertain 'blame' but simply proving a ruined holiday - there may be more mileage in persuing that course of action. All the best, anyway.

[History addict]

I hope this experience won't put you off travelling with Thomsons in the future. In my experience they are very good at enforcing hygiene on board.

Have a great cruise with Fred Olsen - I have been looking at them too with a view to a Fjord cruise one of these years. From the discussions on their forums it sounds like they attract very friendly passengers and have a good atmosphere.

[SparrowLegs]

Hi kruzseeker,
Thanks for the message, a very good point with regard to the holiday insurance, We were only covered for treatment, which I was not charged for, (would have been a pretty penny). It is something that I shall look into in future though, a bit late for this weeks cruise. Keep fingers crossed and hands clean as usual. I am stuck now with the small claims court, a goodwill gesture would have appeased me. We tend to cruise now from home ports,rather than fly, but if we have to we grin and bear the airport hassle and flight for the reward ahead. The Calypso cruise was to The Black Sea and the highlight Istanbull. The sight through our window of the city during the day and night was fabulous. What price can you put on misssing the city sights, so near but stuck in your cabin, you cannot buy that time back, thats what really bugs me, Still life goes on and hopfully we will get back there one day.