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Flooded hotel - how and what to claim?


allybee13
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We just got back from Ibiza and all had been going well until the really bad storm on Tuesday night / Wednesday morning.

 

The hotel got struck by lightning and the gallons and gallons of water that had been on the roof ended up flooding down through the hotel. We got called out of our beds about 4am to go to reception (unusually, this hotel's reception was on the top floor) but the power was off and I couldn't see that the floor was wet. I went to the door to see what all the shouting was about, my feet slipped and I landed in a heap. I bruised my arm, my hip and my foot - I still can't bend my big toe on my injured foot.

 

So, we trudged up four flights of stairs in the dark with water cascading down them and my 8 yo daughter was terrified. It was like something out of the Poseidon Adventure. :o It was absolute chaos and nobody appeared to take charge of the situation - we only found out what was happening because other guests were passing information around.

 

We sat around the flooded reception area for 4 1/2 hours with only bottled water, the kids were cold, tired and starving, and we got told to go back to our rooms twice and then got sent back up the stairs by the fire brigade. Eventually, the breakfast staff arrived and we were able to get into the restaurant and get some pre-packed cakes, coffee and juice. By this time the kids were absolutely ravenous, really tired and incredibly cranky!

 

Guests pitched in with brushing the water down the stairs and into the lift shafts to disperse it as this was the only place it could go. This meant that the lifts didn't work for 2 days, and then kept breaking down for the rest of the holiday.

 

By the Wednesday evening the whole place absolutely reeked of damp carpets, plaster was falling off the walls and ceilings in the stairwells and we frequently had to climb up the full 8 flights from the pool to the restaurant.

 

My husband's and son's shoes are absolutely ruined with the water.

 

What should I claim for? The main things I can see are:

 

  • My injury
  • The ruined shoes
  • The disruption of being hauled out of bed at 4am

I don't know if you can factor in the distress and the loss of enjoyment caused by the broken lifts and stinking corridors.

 

Any suggestions would be most welcome!

 

TIA

Ally

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allybee13

 

Were you on a package or DIY holiday? If it was a package did you speak to your tour operator? Any reports from your rep re the incident?

Loubychew

 

I am not a travel lawyer. All info is based on my own experience of working in the travel industry in resort.

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allybee13

 

Were you on a package or DIY holiday? If it was a package did you speak to your tour operator? Any reports from your rep re the incident?

 

It was a package holiday with Thomson and one rep took a full report of my injury and gave me a copy of it. That was the third time I'd reported my fall - the first time the rep had been dragged out of her bed to deal with the flooding so she sympathised but didn't take a note or tell me how or where else to report it and the second time the hotel receptionist didn't even make a note of it.

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Well I suppose the first rep had her hands full at the time so can be forgiven for not advising you to go to the doctor/hospital. Something you could have done without being advised to do anyway.

 

Hotel reception, well don't expect any sympathy there, they were probably swamped with angry guests and it really isn't their job.

 

You got it in writing that you hurt yourself during the incident, did you go to the doctor/hospital at all during your stay?

 

If not, this may count against you as they will make the assumption that ''it wasn't that bad', if it was, you would have gone while you were still in Ibiza.

 

Since you have been back have you consulted your own doctor? If not, same as above.

 

Regarding the shoes, were they expensive? Is it worth claiming on your travel insurance, bearing in mind you will likely have excess to pay?

 

The disruption of being hauled out of bed at 4am? Would you have preferred to have been left in bed while the place was flooded? Sorry if that sounds harsh but this is what Thomson will say.

They will claim force majeure. Who is responsible for the weather, lightening and the subsequent power cut?

 

You could claim loss of enjoyment of the remaining days of your holiday, I don't understand why Thomson didn't move you to another hotel if the conditions at yours were so bad and I know that some TO's give a certain amount of £ per person per day for this so you could go for that.

 

Certainly try for loss of enjoyment and a claim if you want to go for compensation for your foot injury. I think you should consult a Personal Injury specialist or a Travel lawyer to see where you stand. No pun intended!

 

Best of luck.

Loubychew

 

I am not a travel lawyer. All info is based on my own experience of working in the travel industry in resort.

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Thanks Louby. We only got home yesterday so I've not had time to see a doctor and I don't think they could do anything anyway as it's bruising and a bit of swelling - nothing is broken.

 

The shoes were about £35-£40 a pair which isn't expensive for some people but it's still a lot of money for us. I think the excess would probably cancel out at least one pair.

 

Thomson moved some of the people who were in the worst hit side of the hotel, but not people in our side. They also took new arrivals every day for the remainder of our stay (3 days). I know some people who moved hotel, but they were booked for 2 weeks and didn't want to stay in case it happened again. We didn't move as it would have taken hours to pack and then unpack all our stuff and that would have eaten into our holiday even more.

 

The bit of the hotel we were in wasn't badly hit - it just took in enough water to make the hall carpets stink to high heaven. This meant that our room was ok. The next night I put a towel across the threshold to stop any more water coming in as more rain had been forecast. Because of where our room was, there was actually no need for us to have been called up to reception as our side of the hotel didn't have the problems with the collapsing ceilings that the other side had.

 

I have a feeling that Thomson will argue strenuously against having to pay anything out, but we do know another couple who are going to claim so we'll be keeping in touch with them.

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Well, no, but they couldn't know that your side would be ok, could they? I think that it would have been totally irresponsible of them NOT to get you out of bed under the circumstances, tbh. No doubt that if the hadn't and the ceilings HAD collapsed, you'd be even angrier that they hadn't bothered!

 

Your injury: If you didn't get it checked by a Dr on resort, you will not be able to claim. The fact that you slipped and hurt yourself is unfortunate, but the tour operator can not be made responsible for it, it comes squarely under the "sh*t happens" category, I'm afraid.

 

Shoes - Check your insurance details, I am not sure that they'll even cover this, they're travel insurance, so don't cover the same thing as a house insurance does. If they won't, I don't see where Thomson could be made liable, once again, they can't control the weather.

 

Considering that you didn't ask to be moved and denied, I don't see that you'd be able to claim for loss of enjoyment of holiday either.

 

In all honesty, I think it is one of those things where you were unlucky with the weather and that's it, but I can't see that you have any grounds to get something back from Thomsons for something which was outside their control.

 

[2p]

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I thought as much, but wanted to ask here first. The shoes, even if they were covered by the holiday insurance, probably cost less than the insurance excess so I'm going to be out of pocket replacing them. :( £75 is a lot of money.

 

I will write to Thomson anyway and see what they say. Nothing ventured, nothing gained. This has happened in this hotel before and it appears that nothing has been done to prevent it happening again.

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