Child injured due to poor hotel maintenance
Discussion
We are currently away in Mallorca. The day after we arrived our three year old daughter went down a slide in the swimming pool and ended up with a large piece of the paint/coating wedged under her toenail (literally from the tip of her big toe nail to where the nail bed ends, I have a pic but I think it’s a bit too graphic to post but I’ve linked it below). We called a local doctor who tried to removed it with tweezers but failed.
We went to A&E at the main hospital here and she ended up having to have it surgically removed under general anaesthetic. It was an awful experience, very stressful and upsetting for everyone involved.
Having since been back to inspect the slide, it is clear that the slide coating is in a very poor state and has not been properly maintained (pic attached). I have formally complained to the hotel with all details. I have photos of the injury, photos of the poorly maintained slide, the medical report and the surgeon even gave me the fragments that were removed from our daughter’s toe.
This has basically ruined our holiday, our daughter is restricted to just walking, she can’t use the hotel facilities, soft play, playground, swimming pool etc.
The hotel manager wants to meet to discuss what happened. We have two main priorities; that the slide is repaired to a safe standard, and to be compensated for essentially having our holiday ruined.
We aren’t the kind of people that complain so this is new territory for us. I have no idea how it will play out or how far we will have to take it. Does anybody know how we should proceed? Should we consider taking legal advice already? We feel that at a minimum the cost of the hotel stay should be refunded, in addition to the covering of medical costs (although TBH we are insured so this will already be covered).
I won’t name the hotel, but it’s part of a group that specialise in 4/5 star family resorts, so not some fawlty towers establishment.
Thanks in advance for any advice.
Dodgy slide pic:
https://forums-images.pistonheads.com/353138/20240...
WARNING: Slightly grim pic with blood below.
https://forums-images.pistonheads.com/353138/20240...
We went to A&E at the main hospital here and she ended up having to have it surgically removed under general anaesthetic. It was an awful experience, very stressful and upsetting for everyone involved.
Having since been back to inspect the slide, it is clear that the slide coating is in a very poor state and has not been properly maintained (pic attached). I have formally complained to the hotel with all details. I have photos of the injury, photos of the poorly maintained slide, the medical report and the surgeon even gave me the fragments that were removed from our daughter’s toe.
This has basically ruined our holiday, our daughter is restricted to just walking, she can’t use the hotel facilities, soft play, playground, swimming pool etc.
The hotel manager wants to meet to discuss what happened. We have two main priorities; that the slide is repaired to a safe standard, and to be compensated for essentially having our holiday ruined.
We aren’t the kind of people that complain so this is new territory for us. I have no idea how it will play out or how far we will have to take it. Does anybody know how we should proceed? Should we consider taking legal advice already? We feel that at a minimum the cost of the hotel stay should be refunded, in addition to the covering of medical costs (although TBH we are insured so this will already be covered).
I won’t name the hotel, but it’s part of a group that specialise in 4/5 star family resorts, so not some fawlty towers establishment.
Thanks in advance for any advice.
Dodgy slide pic:
https://forums-images.pistonheads.com/353138/20240...
WARNING: Slightly grim pic with blood below.
https://forums-images.pistonheads.com/353138/20240...
Do nothing until you have met with the hotel manager. The chances are he will offer you compensation that is to an acceptable level and likely to be more than you might have otherwise expected. This will likely come with the caveat that you keep the incident off of Tripadvisor and other online reviews.
Tripadvisor is your friend on this and can be used to leverage a better level of compensation if you feel what's offered is below what you expect.
My business partner's wife suffered some nasty injuries when a glass shower guard fell off into to the shower whilst she was in it, smashing around her. Lots of cuts and two nasty lacerations that required some stitches. Two clasps and some screws that would have prevented this were not present. This was at 5-star resort in the Seychelles.
They were refunded the entirety of the hotel cost and the tour operator (Kuoni IIRC) upgraded them to business for the flight home and provided a 20% off voucher for future bookings. They were required to sign a legal NDA that stated no mention to be made on Tripadvisor of the incident.
Tripadvisor is your friend on this and can be used to leverage a better level of compensation if you feel what's offered is below what you expect.
My business partner's wife suffered some nasty injuries when a glass shower guard fell off into to the shower whilst she was in it, smashing around her. Lots of cuts and two nasty lacerations that required some stitches. Two clasps and some screws that would have prevented this were not present. This was at 5-star resort in the Seychelles.
They were refunded the entirety of the hotel cost and the tour operator (Kuoni IIRC) upgraded them to business for the flight home and provided a 20% off voucher for future bookings. They were required to sign a legal NDA that stated no mention to be made on Tripadvisor of the incident.
Spoke to the hotel manager, he ultimately admitted liability verbally but didn’t seem that bothered about the slide, said they would just sand it down a bit but won’t repaint it as they would have to close the slide.
He asked what would make the situation better, he mentioned a room upgrade but he also said I don’t think that is something you will be interested in, which I agreed, we aren’t interested in that.
I said I’d speak to my wife and meet him tonight. I’m going to ask for a full refund of all holiday costs (hotel, flights, excursions that we have only done because my daughter can’t swim/play). I will agree that this will be the end of it and happy to sign an NDA if necessary. Not interested in any future discounts as we will not be returning to hotels in this group.
My gut feeling is that they will reject this, in which case I will probably seek further advice, because I honestly believe that this only occurred due to the negligence and could have been entirely avoided.
He also said that they don’t have a set list of compensation offers according to what has happened, he said that typically tour operators have such a list, which makes things easier.
He asked what would make the situation better, he mentioned a room upgrade but he also said I don’t think that is something you will be interested in, which I agreed, we aren’t interested in that.
I said I’d speak to my wife and meet him tonight. I’m going to ask for a full refund of all holiday costs (hotel, flights, excursions that we have only done because my daughter can’t swim/play). I will agree that this will be the end of it and happy to sign an NDA if necessary. Not interested in any future discounts as we will not be returning to hotels in this group.
My gut feeling is that they will reject this, in which case I will probably seek further advice, because I honestly believe that this only occurred due to the negligence and could have been entirely avoided.
He also said that they don’t have a set list of compensation offers according to what has happened, he said that typically tour operators have such a list, which makes things easier.
Edited by XJ75 on Thursday 18th July 14:28
TownIdiot said:
The difficulty you will have is making a claim via the Spanish courts.
Can't see it being easy to navigate.
Whatever I'd be taking every upgrade on offer.
I’d agree with this, push the manager as far as you can, legal over there is a nightmare and ultimately they will be insured.Can't see it being easy to navigate.
Whatever I'd be taking every upgrade on offer.
I hope your daughter is making a good recovery. Poor girl, that must have been very painful (and stressful for the parents).
The slide is still open?? They know it's caused a nasty injury and yet it's still open and they will sand it down.
Personally, I would be making it very clear that it is negligence and that their actions since have remained negligent. Can you discuss this with the main head office of the hotel chain?
I don't think OP is being unreasonable in asking for the refund.
The slide is still open?? They know it's caused a nasty injury and yet it's still open and they will sand it down.
Personally, I would be making it very clear that it is negligence and that their actions since have remained negligent. Can you discuss this with the main head office of the hotel chain?
I don't think OP is being unreasonable in asking for the refund.
StuTheGrouch said:
I hope your daughter is making a good recovery. Poor girl, that must have been very painful (and stressful for the parents).
The slide is still open?? They know it's caused a nasty injury and yet it's still open and they will sand it down.
Personally, I would be making it very clear that it is negligence and that their actions since have remained negligent. Can you discuss this with the main head office of the hotel chain?
I don't think OP is being unreasonable in asking for the refund.
Very important comments about remaining negligent, this is a lever you can certainly use. The slide is still open?? They know it's caused a nasty injury and yet it's still open and they will sand it down.
Personally, I would be making it very clear that it is negligence and that their actions since have remained negligent. Can you discuss this with the main head office of the hotel chain?
I don't think OP is being unreasonable in asking for the refund.
XJ75 said:
I’m going to ask for a full refund of all holiday costs (hotel, flights, excursions that we have only done because my daughter can’t swim/play). I will agree that this will be the end of it and happy to sign an NDA if necessary. Not interested in any future discounts as we will not be returning to hotels in this group.
My initial thought is that you will struggle with this.You're in Spain, dealing with a local hotel manager. Your daughter has had a toenail injury, not an amputation. These injuries are not life-changing.
Refunding your entire holiday would, objectively, not be in line with the injury suffered in respect of if the hotel manager says No, what are you going to do? He won't give a s
t about the bad publicity and good luck pursuing a case in Spanish court.If you booked a package via a tour operator - my advice is to go for them. UK-based, more fearful of bad publicity, you'll have more success.
Edit - just seen you've booked direct. This makes your case harder. I'd push for as many free upgrades as you can and credit for future stays in the chain.
They are highly, highly unlikely to refund your whole holiday.
Edited by Muzzer79 on Thursday 18th July 17:06
No chance of getting flight costs refunded. I reckon your absolute best outcome is a refund of hotel costs for the period following the injury and maybe upgrade on room or some sort of drinks package.
And to be honest one bad review on Trip Advisor isn’t going to make any difference particularly if generally the reviews are already good.
And to be honest one bad review on Trip Advisor isn’t going to make any difference particularly if generally the reviews are already good.
XJ75 said:
Spoke to the hotel manager, he ultimately admitted liability verbally but didn’t seem that bothered about the slide, said they would just sand it down a bit but won’t repaint it as they would have to close the slide.
He asked what would make the situation better, he mentioned a room upgrade but he also said I don’t think that is something you will be interested in, which I agreed, we aren’t interested in that.
I said I’d speak to my wife and meet him tonight. I’m going to ask for a full refund of all holiday costs (hotel, flights, excursions that we have only done because my daughter can’t swim/play). I will agree that this will be the end of it and happy to sign an NDA if necessary. Not interested in any future discounts as we will not be returning to hotels in this group.
My gut feeling is that they will reject this, in which case I will probably seek further advice, because I honestly believe that this only occurred due to the negligence and could have been entirely avoided.
He also said that they don’t have a set list of compensation offers according to what has happened, he said that typically tour operators have such a list, which makes things easier.
Sorry to hear about your Daughter’s toe and even sorrier I clicked on the photo - that must have been horrible for both her and yourselves. He asked what would make the situation better, he mentioned a room upgrade but he also said I don’t think that is something you will be interested in, which I agreed, we aren’t interested in that.
I said I’d speak to my wife and meet him tonight. I’m going to ask for a full refund of all holiday costs (hotel, flights, excursions that we have only done because my daughter can’t swim/play). I will agree that this will be the end of it and happy to sign an NDA if necessary. Not interested in any future discounts as we will not be returning to hotels in this group.
My gut feeling is that they will reject this, in which case I will probably seek further advice, because I honestly believe that this only occurred due to the negligence and could have been entirely avoided.
He also said that they don’t have a set list of compensation offers according to what has happened, he said that typically tour operators have such a list, which makes things easier.
Edited by XJ75 on Thursday 18th July 14:28
As you booked direct I think in all honesty that you have to be realistic about what you think you would accept.
You aren’t coming back early just replanning how you spend the time.
I’m not being unsympathetic just realistic.
Asking for flights to be reimbursed will be a non starter.
You don’t want to go to court because you don’t and that will add stress time and money with no guarantees of what you might then get back.
Starting offer from you ( with an NDA etc ) should be a refund of 50% of all room costs for the whole holiday , all meals paid for for the remainder of your holiday , a free ( obviously ) upgrade to the best room they can give you and the next 5 excursion outings paid for.
And a nice present for your daughter.
That’s awful!
It looks like the gel coat has failed on the fibreglass and that is the fragment which has ended up in your daughter’s toenail. Sanding it down is not an acceptable repair - all that will do is push the problem down the road until the next patch delaminates and gets stuck in someone else…
Can you get hold of the T&C’s for your holiday insurance as It seems like an insurance job tbh!
It looks like the gel coat has failed on the fibreglass and that is the fragment which has ended up in your daughter’s toenail. Sanding it down is not an acceptable repair - all that will do is push the problem down the road until the next patch delaminates and gets stuck in someone else…
Can you get hold of the T&C’s for your holiday insurance as It seems like an insurance job tbh!
craig1912 said:
Leptons said:
Can you get hold of the T&C’s for your holiday insurance as It seems like an insurance job tbh!
I thought that but unlikely to cover costs outside of the medical bills. He is still on holiday just can’t do everything they wanted to do.It’s definitely going to be a busman’s holiday for the OP and his family with a 3 year old who wants to go in the pool and can’t.
ETA; if all else fails the Tabloids love a holiday nightmare story at this time of year - that might help focus the management’s thoughts.
Edited by Leptons on Thursday 18th July 19:27
Good luck OP. 6 years ago my daughter who has Downs Syndrome was 12 yrs old and we were in an all inclusive in Side Turkey. She was eating some chocolate mousse and said there was something in her mouth. I removed a piece of glass the size of a 10p coin from her open mouth that fortunately hadn’t cut her. I was absolutely furious and went and spoke to the floor manager who initially tried to cover it up. I then involved the Assistant Manager who was more helpful and called the head chef to the dining hall. He only spoke Turkish and German ( which I do too) and was absolutely livid. He went in the kitchens and could be heard shouting at the staff who had covered up breaking a mixing bowl. Chef Ahmed then came out and offered me anything I or my family wanted to eat would be prepared by him. We were offered a room upgrade (not taken) and dining in any of the restaurants for every night of our trip. We were given steak every day thereafter too which wasn’t on the menu.
I didn’t pursue the issue as they were genuinely mortified and apologetic and ultimately she didn’t suffer any physical injuries luckily. What I am saying is that basically how people react when something goes wrong is often the best way to measure their character and how they value you as a customer.
I hope you get an acceptable resolution and your little girl gets better soon.
I didn’t pursue the issue as they were genuinely mortified and apologetic and ultimately she didn’t suffer any physical injuries luckily. What I am saying is that basically how people react when something goes wrong is often the best way to measure their character and how they value you as a customer.
I hope you get an acceptable resolution and your little girl gets better soon.
StevieBee said:
Do nothing until you have met with the hotel manager. The chances are he will offer you compensation that is to an acceptable level and likely to be more than you might have otherwise expected. This will likely come with the caveat that you keep the incident off of Tripadvisor and other online reviews.
Tripadvisor is your friend on this and can be used to leverage a better level of compensation if you feel what's offered is below what you expect.
My business partner's wife suffered some nasty injuries when a glass shower guard fell off into to the shower whilst she was in it, smashing around her. Lots of cuts and two nasty lacerations that required some stitches. Two clasps and some screws that would have prevented this were not present. This was at 5-star resort in the Seychelles.
They were refunded the entirety of the hotel cost and the tour operator (Kuoni IIRC) upgraded them to business for the flight home and provided a 20% off voucher for future bookings. They were required to sign a legal NDA that stated no mention to be made on Tripadvisor of the incident.
I don't mean to be an arse, but that sounds about the bare minimum i'd expect for the injuries as described. A 20% voucher really wouldn't cut it - it should be a free stay(s).Tripadvisor is your friend on this and can be used to leverage a better level of compensation if you feel what's offered is below what you expect.
My business partner's wife suffered some nasty injuries when a glass shower guard fell off into to the shower whilst she was in it, smashing around her. Lots of cuts and two nasty lacerations that required some stitches. Two clasps and some screws that would have prevented this were not present. This was at 5-star resort in the Seychelles.
They were refunded the entirety of the hotel cost and the tour operator (Kuoni IIRC) upgraded them to business for the flight home and provided a 20% off voucher for future bookings. They were required to sign a legal NDA that stated no mention to be made on Tripadvisor of the incident.
craig1912 said:
No chance of getting flight costs refunded. I reckon your absolute best outcome is a refund of hotel costs for the period following the injury and maybe upgrade on room
I’d agree. pokethepope said:
I don't mean to be an arse, but that sounds about the bare minimum i'd expect for the injuries as described. A 20% voucher really wouldn't cut it - it should be a free stay(s).
The difference being one is a tour operator and the OP is a direct booking. And the OP has said he won’t use the chain again. Gassing Station | Holidays & Travel | Top of Page | What's New | My Stuff