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The Legal Eagle
When it goes wrong: Holiday Compensation Volcanic Ash, Cabin Crewe Strikes and holiday companies going bust have all hampered holiday makers this year, when they are either stranded abroad or have had their trip cancelled. Even those who get to their destination however, without difficulties can often be disappointed if their overall holiday does not fulfil their expectations. Measuring someone’s disappointment can be difficult to assess in money terms. Such claims are largely dealt with in the Small Claims Court, but unusually a case has recently reached the Court of Appeal – who has now provided guidance on assessment of claims for a ruined holiday. In the judgement of that case (Milner v Carnival (t/a Cunard) 2010) “brackets” of awards were referred to. Compensation appears to be at highest for holidays involving marriage where awards could range from £4,360 to £4,406, then for honeymoons from £321.00 to £1,890.
“Compensation appears to be at highest for holidays involving marriage” Special holidays from £264.00 to £1,161.00 and family normal holidays from £83.00 to £876.00. Consideration will be given to out of pocket expenses, physical inconvenience and distress together with reduced value of holiday when assessing the claim You are not entitled to a full refund of the total cost of the holiday. Leanne Evans - Evans & Greaves