Holidaymaker's compo protest

Brian Lashley

February 17, 2008

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Linzi Higgins protesting with friends and family.

A WOMAN who has been told she will not get compensation after being left disabled following a holiday accident staged a protest outside the travel agents.

Holidaymaker Linzi Higgins, 36, broke her collar bone and two ribs and damaged her back on the water slide in Egypt. Her collar bone is being held together with a 6in metal plate.

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.

Along with family and friends the mother-of-one, from Stockport, protested outside the First Choice shop on Merseyway, Stockport.

Disgusted

Mrs Higgins, who now walks with a stick, said: "I wanted to do this to raise public awareness and let people know they should check, and double check their travel insurance.

"I'm totally disgusted with First Choice because when I first contacted them they basically told me to get lost.

"I've lost my career, independence and life choices and I've got a long-term collar bone injury, which has not yet started to heal.

"People should not listen to what the reps tell them. If they do book a trip they should ask for the relevant paperwork, which I was never presented with. First Choice has said I should have been given the relevant paperwork.

"We've had a great response from the public and I would just like to thank everyone who has sent letters and supported me."

Mrs Higgins and her group were armed with banners and a copy of the M.E.N, which first broke the story, as they handed out leaflets in the shopping centre.

She said she now plans to take legal action against the travel giant.

Responsibility

Mrs Higgins was injured when someone went down the water slide behind her and crashed into her.

First Choice officials say 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..

No one from First Choice was available to comment. But the company has previously 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."

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garfield (17/02/2008 at 15:36)

first of all im very sorry to hear of the injuries that this lady recieved from ANOTHER memeber of the public (not one of first choices employees!) going down the slide after her in the water park. But surley the protest should be against the person who went down the slide after her.
Injuries of any kind these days are just an excuse for insurance claims.

Ray R, Bolton (17/02/2008 at 16:07)

Suggest Mrs Higgins consults a Solicitor since The Package Tour Operators Act 1992, makes the Tour Operator Liable for the negligent actions of their sub-contractors or agents. It could be argued that since she booked the Trip with a First Choice Representative then the contract of Sale is between Mrs Higgins and First Choice and therefore The Package Tour Operators Act 1992 applies.

marc (17/02/2008 at 17:23)

surely her argument is with the person who caused the injury.

Ms D, Manchester (17/02/2008 at 18:21)

I would have thought so Marc. There is no evidence that the slide was defective so surely, her claim is with the other person who slid into her ?

Since when did a broken collar bone and ribs render someone permanently disabled ? I thought these injuries healed.

Ex Bus Driver 118 118, Manchester (17/02/2008 at 19:07)

I agree with the 2 posts regarding blame with the person that hit her and not the travel agent does she realise any potential victory she may have had against first choice is in jeopardy now as its appeared in the papers

Pippa, Manchester (17/02/2008 at 19:41)

I am assuming that the insurance company paid out on medical expenses incurred and repatriation as this is not mentioned in any of the articles. So why does she think they would pay out compensation on behalf of someone else? I really don't follow the logic on this one.

Matthew James Rose (17/02/2008 at 23:15)

Todays compensation culture makes me so angry, she's well enough to stand out in the freezing cold but can't "hobble" to do a days work.

On a recent holiday I was on, I could have bought tickets to a famous nightclub, through the holiday rep. If I'd bought the tickets and gone to the nightclub and been glassed in the face for example, would I expect compensation? No!! I would have taken on the responsibility of going to a nightclub knowing the potential dangers.

Pescado (18/02/2008 at 05:56)

And the moral to the story is?
Butlins.

jsac1984 (18/02/2008 at 07:33)

garfield , the lady in Question booked the insurance through First Choice,as well as the trip , but wasnt told that the trip wouldnt be covered by her insurance , as it was operated by a 3rd party. This is why she expects First Choice to pay up , as they should have warned her. They should not sell trips that void your insurance

Leo B (18/02/2008 at 08:54)

Jsac1984, the trip didn't 'void' her insurance: it simply formed an excursion which wasn't included under the terms of her holiday insurance - which will have covered her against loss/injury caused by the negligence of First Choice.
In this case, there was no negligence on their part; and she needs to sue either the amusement park or the person who collided with her: this will be difficult, as the incident occurred in Egypt; but that's her tough luck. As another correspondent notes, if he got into a punch-up in a bar, he wouldn't be suing the tour operator - because they will have done nothing wrong.
First Choice have done nothing wrong: they have not been negligent; and there is no earthly reason why they should pay this lady, who seems to have taken to heart rather too readily the belief that "where there's blame, there's a claim". So there is - but only against the negligent party. Go abroad, away from English law, and take your chances. No similar case has succeeded, and neither will hers. Maybe she should just learn that life's like that.....

Edward P (18/02/2008 at 10:26)

Was there someone at the top of the slide telling people when they could go down i.e. at twenty second intervals so it was safe? If so, did she stand around at the end of the slide and not move out of the way quickly enough? It's all irrelevany. It was either her fault, the fault of the person who went into her of six of one and half a dozen of the other. How can it be the fault of the travel agent? If she went to court and won then all hotels will close their slides as a precaution.

I was in a pool once when someone jumped in a hit me with a flailing arm. I had a bruie on my cheek. Should I have sued Thomas Cook?

daughter of linzi higgins, stockport (18/02/2008 at 16:33)

the facts ARE LINZI HIGGINS was instructed by the reps in resort to book all trips through them REPS word " all trips should be booked through us so you are all covered just the same as you are in resort !" so mrs Higgins did this . At this point the reps failed to mention that they act merely as agents for trips and hold no responsabilty !!!! very naughty .
So mrs Higgins was mis lead to buy her trip throught first choice as now she has suffered this ordeal they have washed her hands with her ,and no FISRST CHOICE insurance did not pay out . SAY this happened to your family or child
We should not be missed led to buy a trip abroad when us as joe public always belive the reps ..Why would nt we ???? well we now now but only as a result of Mrs Higgins serve accident
So YES FIRST CHOICE should pay ou for mis leading her and others !!!!! YOU GO GIRL

Edward P (18/02/2008 at 17:47)

daughter of linzi higgins, stockport, please explain how it is First Choice's fault or the fault of the reps or anyone else for that matter if someone came down a water slide and hit this woman?

I booked a hire car from a rep a few years ago, wasn't looking where I was going and hit a wall. Should I sue the rep? No, I am responsible for my own actions. Some people just think they can get a big payout for nothing. Move on.

daughter of linzi higgins, stockport (18/02/2008 at 17:58)

well in reply ..thats down to your driving ...What is being pointed out here .Trip was sold by rep . told we are covered for everyting !!!!! but Mrs Higgins wasnt. She was mis lead !!!!!
Am, age 12

garfield (18/02/2008 at 18:02)

yes why should first choice pay for someone elses stupidity...(going down the slide after her!)

garfield (18/02/2008 at 18:03)

its claims like this that i believe make everyone elses insurance premiums higher.

Ms D, Manchester (18/02/2008 at 19:28)

Daughter of Linzi Higgins - The fact you say you were told by the rep that you were covered for everything doesn't matter. They will deny saying that even if it's true and it's their word against yours. If this was true, you would have a written contract and then you could use this in court. Without it, you have had it. The claim will go nowhere.

Edward P (18/02/2008 at 20:51)

How can you be covered for someone crashing into you on a waterslide? Waterslides will be banned if this is the case.

If I went on a trip to a deserted and booked through a rep who said I was covered I would assume it was for the boat breaking down, cancellation of trip etc. If I had a kickabout on the beach with a fellow holiday making and broke an ankle I would not claim compensation from the travel agent, nor anybody for that matter. It was an accident. Simple.

hka38 (18/02/2008 at 21:39)

When will Mrs Higgins realise that the majority of the general public do not agree with her claim, and I am one of them. First Choice cannot be blamed for the person who crashed into Mrs Higgins. If this had happened to me, one of my party would have complained to someone in the water park. There has been no mention of this, so I can only assume it was not reported at the most crucial time. Surely if it had of been, there would be some written record for Mrs Higgins to pursue her claim. I would advise Mrs Higgins not to continue with this and get on with her recovery as I am sure the pain she may be suffering now will subside within time a short time. Broken bones do mend.

Matthew James Rose (19/02/2008 at 11:24)

When I first heard about this incident a few weeks ago, I couldn't belive it was making headlines on tv and in the M.E.N.

Having read the comments in response to this article, it is pleasing that I am not the only one who thinks claiming compensation for this is an absolute joke.

Furthermore rather than get the public on her side, she has merely has highlighted the "compo culture" of today and everything that geys our backs up about it i.e. rights over responsibility, money for nothing, I hope she takes FC to court an loses and ends up having to pay them costs!!

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