A HOLIDAYMAKER left disabled after an accident on a slide in a water park has been told she won't get compensation.
Linzi Higgins, 36, broke her collar bone and two ribs and damaged her back on the water slide in Egypt.
Mrs Higgins, a mum-of-one from Stockport, now walks with a stick and has had to give up her job as a shop manager due to her injuries.
But travel giant First Choice have told her she has no claim for compensation against them - even though she booked her holiday with them, took out their travel insurance. and booked the water park trip through one of the company's reps.
Company officials have cited a little-known clause which means that responsibility passes to the excursion provider at the Sharm El Sheikh resort.
Mrs Higgins says there was no mention of the relevant regulations in her insurance policy and no-one told her about them when she bought the holiday or booked tickets for the water park.
She said: "I am distraught. I used to be a fun-loving young woman and now I'm like an old lady. I've lost my job. And my partner has had to give up a lot of his work as a taxi driver to care for me. I was so careful to take out an insurance policy that would cover us in all events and I bought the water park tickets through the tour operator because they say it is safer.
"No-one ever made it clear to me that I would not be covered under those circumstances."
She was injured when someone went down the slide behind her and crashed into her.
First Choice has told her that any claim for negligence would have to be taken under Egyptian law against Egypt-based excursion provider Wings Tours. But insurance experts warned that it would be costly to do so.
She may be able to claim some money under the personal accident cover in her insurance policy but has been advised that she is not likely to satisfy the strict criteria.
A First Choice spokesman said: "First Choice was merely acting as an agent for Wings Tours, the excursion provider. Mrs Higgins would need to pursue any claim for damages directly with them, as the excursion does not form part of the holiday package as defined by the Package Travel Regulations 1992."
Nobody at Wings Tours was available for comment.
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Showing comments 1 to 23 and replies | View All
LEE HUDSON (04/02/2008 at 10:02)
Whilst i sympathise deeply with this poor woman, there has to be some common sense applied to how much we can apply responsibilty to the tour operator. An accident at a water park is neither forseeable nor blameable by anybody within First Choice. If there is a health and safety issue with the water ride at the park, the park themselves should be culpable and comp should be sought through them.
Technobabble, Manchester (04/02/2008 at 10:55)
Whether it's car, house, holiday, or (as in another recent news story) medical, the insurance companies need to be made to clearly state what is and is not covered, because without being a legal expert yourself, you can often never tell.
Honey Bunny (04/02/2008 at 11:19)
The excursion organisor and Waterpark should sort it out between them Surely, this womans life has been turned upside down.
Whats the point in having insurance if they all have get out clauses everywhere.
Tony Naylor, Stockport (04/02/2008 at 11:28)
Sam Anderson (04/02/2008 at 11:43)
Pippa, Manchester (04/02/2008 at 12:26)
Salford n Proud, Salford (04/02/2008 at 12:31)
Pandora (04/02/2008 at 12:52)
Laura Norder, Didsbury (04/02/2008 at 13:20)
I'm sick of the ambulance-chasing, compensation culture that has been exported from the U.S., and wish people would just take responsibility for their actions.
Did anyone force the woman on to the slide - no. She willingly chose to do something a bit different as she was on holiday and now she's complaining. Why does any mishap always have to be someone else's fault?
I am also more than intigued that what, to me, would appear to be 'minor' injuries, are forcing this woman to become 'disabled'.
sallyg, Lancs (04/02/2008 at 17:09)
They DO still happen, you know.
Garfield (04/02/2008 at 17:39)
Tony Naylor, Stockport (04/02/2008 at 17:44)
Ms D, Manchester (04/02/2008 at 18:25)
daughter of linzi higgins, stockport (04/02/2008 at 18:37)
this is linzi's daughter chloe.
for all of you who dont agree with all this fuss all my mum is trying to do is help you for your safety.thank you for those who have suporrted her.
chloe higgins
Tomo81, Droylsden (04/02/2008 at 21:19)
Tonya786, Saddleworth (04/02/2008 at 21:26)
you havent made a penny so now you go to the papers..how sad. I am glad in this day and age of people who sue for the slightest thing. since when does that injury stop you from working ?? get on with it
Connor Fitzgerald (05/02/2008 at 08:32)
I have played Rugby for 28 years, suffered broken collar bones, ribs, wrist, a broken leg and a smashed nose! I am not disabled; I don’t need compensation or a claim.
Whilst in can sympathise, I can’t agree. She had an accident whilst using a water slide.
lesley harmston, u.s.a. (05/02/2008 at 20:38)
daughter of linzi higgins, stockport (06/02/2008 at 11:03)
allso i would like to thank all you normal people out there,for your comment and support
and all you lot out there,lets hope nothing like this happens to you and your family,
pete the partner
daughter of linzi higgins, stockport (06/02/2008 at 11:37)
pete the boyfriend
Susan cordock (07/02/2008 at 19:27)
Garfield (07/02/2008 at 20:50)
daughter of linzi higgins, stockport (08/02/2008 at 10:39)