contact Ros her details are on here somewhere and shes supposed to be very good at what she does

Not sure here Rick as, stated by IM if you're not on a package then usually the solicitors become unstuck.

How on earth would the staff know if you were under the influence? I doubt very much if they'd remember.

A warning to us all to get checked at the hospital as soon as an accident occurs as they would, I hope, take a blood sample and it also covers the fact that you went for treatment asap.

Can i sue lowcostbeds?

Simple answer is yes. You cannot sue the hotel as you did not have a contract with them. Your booking was made through lowcostbeds who then "sub contracted" the hotel.

You spoke with Irwin Mitchell who are a reputable firm of solicitors. Whilst they pointed you in the direction of their Spanish branch did they give you an opinion on the possible outcome of any claim?

Did you contact the insurers prior to going to the hospital? Normal procedure, as I understand it, is to first contact their emergency number.

Not sure if your EHIC covers you in the Canary Islands but are you in possession of one, and if it applies in the Canaries, did you seek treatment under the terms of the reciprocal agreement? Travel insurance specifically requires that.

Have you informed the insurers that you have photos?

Contact details for Ros Fernihough who is a travel law solicitor, she has assisted many of our members, although she does not read this forum and has no connection with HT - except for a lot of satisfied people.

The direct number to Ros's PA Pam is 01922 705134

Or try the switchboard number 01922 633214 and ask for Travel Dept.

None of us on here are experts and can only really express our personal opinions.

fwh

I don't see why whether or not it was a package holiday is relevant. Travel insurance covers you whether it is a package or not. Surely you will have submitted a claim directly to your insurance company. Lowcostbeds would not be involved. You submit the medical bills to the insurance company direct and all being well, they deduct the excess and reimburse you.

Hi again, thanks to each of you who took the time to reply. I thought my contract was with Lowcostbeds and would be them that i would be seeking compensation from, Irwin Mitchell in Birmingham seem to think that their Spanish branch would have to bring an action on my behalf against the hotel, the Birmingham branch offered no indication as to the outcome. The Spanish branch want to know if i have insurance. It looks like i'll be sueing the hotel for my injuries, and the insurance company for not paying me out

I did contact the insurers for permission to get treatment at the hospital, the hospital didn't seem interested in the EHIC and just carried on with the treatment.

The insurers at this point do not know of the photo's that i have of the uneven paving, but their refusal to pay me hinges on the fact that the hotel claim i was under the influence of drink.

I will write to the insurers under a "without prejudice" letter, asking for information as to how the hotel arrived at the assumtion that i was under the influence of drink, and which person was qualified to say that i was. I will vehemently deny that i was under the influence of drink, inform them that i have photo's of many parts of uneven paving around the grounds of the hotel and unless they re-consider their refusal to pay out, a small claim court action would be instigated.

A letter a few days ago from Lowcostbeds states that they are looking into the matter, so i don't know where they are coming from, i would assume that if they weren't responsible, then they would have stated that in their letters to me hmmmmm.

I'll keep you informed of the progress, in the meantime i'll contact Ros....Rick

Under English law you have entered into a contract with Lowcostbeds. They in turn have sub contracted this to the hotel. Lowcost are responsible for ensuring that the accommodation is safe and they are liable for the actions/failure on of their sub contractors.

I would give lowcost a reasonable amount of time to investigate. I would assume they will ask someone out there to go look at this. I have no idea what H&S rules apply in Spain or its protectorates so have no idea how you stand.

I do think that another approach to the insurers would be sensible. Advise them you have photos, or even send them copies to back up your claim. You could also contact the Insurance Ombudsman for assistance in resolving the matter with the insurance company. Have a look here for details.

http://www.financial-ombudsman.org.uk/

I can understand Irwin Mitchell advising use of their Spanish branch should you finish up taking action against the hotel.

fwh

I think the added problem here with your claim is that Low Cost Beds is acting only as an "agent" rather than the "principle" and therefore they took the booking only on behalf of the hotel. Your contract is therefore direct with the hotelier in Spain rather than with a UK supplier.This is covered in their T&C on their web site.

http://www.lowcostbeds.com/terms.htm

"Except in the case of the package holidays, we act only as a booking agent for the service providers featured. This means that the contract for the product is between you and the service provider"

I think this is why your insurers have passed the claim to their Spanish office.

Hi Rick,

Firstly may I say that I sympathise with your predicament.

I had believed that TPS Insurance were an intermediary, effectively acting as agents for various insurers / underwriters. Is your policy actually with TPS?

As fwh says, it is probably sensible to approach the insurance company again. It would appear that you visited a hospital as soon as you realised that the injury was serious and, I believe, you sought their permission to have treatment. Sense may prevail, particularly if you explain that the hotel may be claiming that you had too much to drink in order to protect themselves. Did you also get the insurer's approval for the extra return travel costs?

If escalation fails within TPS (try the managing director as a last resort), I believe that you still have a further escalation route (unless I am confusing your policy details) through:

The Head of Claims,
UK Underwriting Limited,
2 Gibraltar House,
Bowcliffe Road,
Leeds
LS10 1HB

With regard to compensation you should follow advice given by the solicitors.

Please keep us updated - there for the grace of God, etc.,

Peter

Good morning and thanks once again for your very informative replies. My insurance cover was indeed with TPS themselves, so i will write asking for more details of who exactly said that i was under the influence of drink, and where they suitably qualified to pass this judgement on me, i think this is most important for the insurer if i sue them. I followed all the rules in the policy about reporting everything and gaining permision for medical treatment and return travel costs.

I will draft a letter today to the insurers with photo's etc, i will fight them over this matter, as the outcome will also affect any claim against the hotel in the future.

I took on Airtours in the year 2000, Irwin Mitchell acted for me then, it took 4 years for the case to be resolved, but i came away with 6 grand just 5 days before it was to go to court.

Travel companies think that they can get away with murder, and in a lot of cases do, it's a pity that more people don't complain if they have a legitimate complaint, travel companies try to frighten claimants off with strongly worded letters. When i claimed against Airtours, i wrote stating that i would be taking legal action, part of their reply was " we will strongly defend ourselves in any action taken against us" and other stuff which sounds very intimidating...i'll keep you all informed as to the progress, once again, many thanks...Rick

Hello again, i did say months ago that would keep you updated on the progress of my case. After many letters to the insurance company, they are still adamant that will not pay the claim, so today, i have just issued a claim through the small claims court, win or lose, i feel it's a £100 well spent. My claim to the court for £1940.00 is as follows :-

My partner and myself took a holiday to the Sun Park Hotel in Lanzarote in February 2009. On the evening of 17th February 2009, whilst walking around the perimeter of the hotel swimming pool, i tripped on some uneven paving, causing me to fall and hurt my foot. We went to the hotel reception to report the incident and ask that the incident be logged. The receptionist who spoke poor English stated that she didn't know what to do, but would leave a note for the morning shift.

As my hurt foot didn't seem to warrant medical attention, nothing further was done. The next day though, my foot was very painful, and a doctor was called, who said that he thought my ankle was fractured, and i was taken to hospital. The hospital confirmed that i had fractured my ankle, so i ended paying the sums that i am claiming for in medical expenses. On my return to the UK, subsequent xrays showed that i had not fractured in the incident.

A claim was made on my holiday insurance to recover the associated costs incurred by me after the incident, which was rejected on the grounds that i was under the influence of alcohol at the time of the incident, which was completely untrue. The allegation that i was under the influence of alcohol was made by the hotel receptionist who, without medical tests to confirm my being under the influence of alcohol, had no right to make such a statement. As i have an ongoing case to sue the Sun Park Hotel for negligence, the receptionist is their only line of defence, and as such is biased. My claim for the medical expenses to the insurance company was both true and honest and that the refusal to pay my claim on the say so of a hotel receptionist is simply unwarranted. I have calculated and added interest charges to date @ 3% to my claim. I am in posession of all receipts and photographs in pursuit of my claim.

A lot depends on me winning this case, the insurance company won't entertain the legal costs part of my insurance to sue the hotel for much the same reasons as my claim for medical expenses was refused, so a lot is on hold at the mo...TTFN...Rick

Hi Rickshaw,I think that you have a valid claim and wish you lots of luck with your case.I also think it's scandalous that a hotel receptionist can determine whether or not you have been drinking.She is not qualified to make that assumption.Please let us know how you get on.T.

Iwas taken to Hospital in June in Turkey , the first thing the hospital did was breathalise me i was under the limit , they cannot say you are under the influnence unless that have a positive breath test .

Interesting point - The defendant/plaintiff smelled of alcohol.

No! he/she did not - alcohol is odourless - what you smell are the various ingredients that make up the drink.

fwh

This subject is close to my heart as I recently fell and fractured my foot in Bali in May ending up with a DVT as a direct result.

We were staying at a hotel in Ubud and when walking down the path to our room my left foot slipped off a 4" step and I fell hurting my left foot. Being a nurse I decided to observe it and applied the RICE method... Rest, Ice, Compression and Elevation. I hobbled around on it for two days before eventually going to the hospital to discover that I fractured a bone in three places. No comments were made from either the insurer or the Dr. that I'd left it two days before seeking treatment.

The insurance company upgraded me on the flight home but not my husband despite him being my 'carer' for 10 days and pushing me round Bali in a wheelchair for the remainder of our holiday (which is no mean fete) We paid US$530 to upgrade my husband to look after me. The Ins company rang me to see if I'd returned home safely and I told them I was going to appeal their decision and would take my case to the Insurance Ombudsman if they refused to refund us. Four hours later I received a phone call and was informed that they had reviewed my case and are now going to pay for his flight.

Most of the claim has been payed into our bank account except for some travel expenses and AU$ 130 for phone calls to them in Australia. I have appealed the phone calls as I believed I'd rung a Reverse Charge number and can prove their Emergergency 24 hour number they gave us is not a valid number calling from Indonesia.

Yesterday, I received a letter from their Travel Insurance Recoveries Dept. It appears to me they want to claw back the money paid out from anyone... as they are now wanting to know all the details of my accident with the intention of making a claim from the hotel. I have already told them on the phone that it was my own daft fault as I wasn't looking where I was going... it was simply an accident.

Rick Good Luck with your claim and let us know how you go.

Cheers Geri

Is this the same receptionist who didn't know how to report a health and safety incident? How can the receptionist possibly remember (as I presume time had passed before this claim incident was brought to the hotel's attention) that you had partaken of alcohol?

When my son was taken to hospital a few years ago in Lanzarote it was the insurers who asked the hospital if he had been drinking. When they confirmed he hadn't they then agreed to cover the claim. They did so upfront without us having any financial outlay at all.

Hello all , thanks for the replies. I had a lovely holiday in Bali a few years back, great place if you like paddy fields

This was indeed the same receptionist that didn't know how to take details of an accident. The point is that the hotel know that i might be pursuing a claim against them for negligence, and to say that was under the influence of alcohol at the time of the incident is their only defence. I have photographs of uneven paving at various parts of the hotel complex, also photographs of paving that had been repaired. I have to win this claim to proceed with suing the hotel, as the insurers don't want to take on the case, stating that they have a report that i was under the influence of alcohol. In a way, everybody seems to be waiting to see if i win this part of the ongoing saga.

Lowcostbeds, with whom we booked the holiday have gone very quiet too, they asked several weeks ago for full details and photographs, but since then i've heard nothing from them. Irwin Mitchell reckon that my holiday was not a package holiday and as such i couldn't claim against lowcostbeds, so i'm not quite sure what to do right now.

I'll wait and see the outcome of the court action, things will be clearer then, but i'll let you all know how things progress...speak soon...Rick

Rick, I am sorry to hear of your accident, and now all the trouble you are having claiming

Would you mind giving me a bit of information re the hospital problem? The reason for asking is that I was a holiday rep here for a good few years and have had reason to visit Hospiten on many occasions over the years. I am presuming you were taken to Hospiten (am I allowed to name the hospital mods??), as it is the only private hospital on the island, and in my experience they do not treat people until they have had confirmation from the insurance companies that the bills will be paid via the insurance. I never had problems with bill payments during this time.

I'm not a rep any more, but because of my experience with this hospital, have taken family and friends who visit, to this hospital when it has been necessary (fortunately rarely) and their insurance has never been refused. In fact the only insurance that has been refused is my own, due to it being a US based insurance company.

Sue

I'm going a bit off topic but the just mentioned that you had your insurance denied because you are/were insured with a US based company. My insurance is with a US based company, can you tell me why this is a problem? I've never had to make a claim but it's a bit worrying.

Judith