A disabled holidaymaker from Alvaston, Derby, has been awarded a five-figure sum in personal injury compensation from Thomas Cook after her family holiday to Turkey was ruined by a fall.
Mrs Patricia Cholerton, 62, suffers from syringomyelia, a disease that means she can move around only with a stick or in a wheelchair. When booking (in December 2001) the two-week package holiday to Marmaris, with Thomas Cook Tour Operations Ltd, trading as JMC, she had stressed the need for suitable accommodation where she could avoid the use of steps. However, four days before the holiday was due to begin, the hotel was closed for health and safety reasons, and Thomas Cook arranged for alternative accommodation at a substitute hotel. When Mrs Cholerton made enquiries as to the suitability of the substitute hotel she was assured it would be suitable when, in fact, it wasn’t.
Mrs Cholerton was represented at Nottingham County Court by her solicitor Helen Froggatt, an associate and personal injury specialist at Derby law firm, Nelsons.
Helen Froggatt explains: “On arriving at the hotel on 19 August 2002, Mrs Cholerton discovered that there were a number of steps, all without handrails, at the hotel entrance, on the way to the restaurant, the swimming pool and even the lift. Thomas Cook said that they were unable to move the family to a different hotel as none were available.
“On the third day of her holiday, Mrs Cholerton tripped and fell over a step in the swimming pool area and suffered soft tissue injuries to both her knees. These required subsequent major surgery involving a number of operations, including bi-lateral knee replacement. Of course, the family holiday was ruined as Mrs Cholerton was confined to a wheelchair and had to rely on family members or hotel staff to lift her up and down the steps in the hotel.
“Thomas Cook was found to be liable and the County Court awarded damages with costs for personal injury and financial losses. Her Honour Judge Hampton found that there was a breach of contract by Thomas Cook in changing the allocation of the hotel to one which did not comply with the Claimant’s requirements that were clearly given to the holiday company when booking. Thomas Cook immediately sought leave to Appeal, which was refused.”
She adds: “We are pleased with the outcome in favour of our client, and believe the case serves as a firm reminder to holiday companies to ensure they meet customer’s special needs when taking bookings.”
