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Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 6307
Experience:  Over 10 years experience in general legal matters
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I was sexually assaulted in the spa of the tiu hotel in Tunisia

Customer Question

I was sexually assaulted in the spa of the tiu hotel in Tunisia the man got 12 months in prison not the 6 we were told he would because there had been reports of inappropriate behaviour in the past. Traveled with Thomson and am seeking compensation but all they want to do is refund the cost of the holiday because it was a criminal act they don't compensate for criminal acts!!
Submitted: 2 years ago.
Category: UK Law
Expert:  Jenny Mackenzie replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Do you believe that the hotel and or the tour operator was somehow responsible for this act?
Customer: replied 2 years ago.

Yes I believe they have a duty of care and the fact that this man was employed by the spa of the hotel which is advertised on both the hotel and Thomson as the facilities of the hotel

Expert:  Jenny Mackenzie replied 2 years ago.
Hi potentially you do have a claim on the basis that they have failed in their duty of care.
You should ask them what checks they put on hotels that they contract with and the criminal records of the staff that they engage. If you can show that there is a breach in their checks then it will make your claim more likely to succeed.
If it is not the tour operators employee they cannot be vicariously liable for the acts of the employee, but rather the hotel.
Hopefully if you write to them to say you will not accept that they are not liable for criminal acts when the act has been committed by an employee of the hotel they contract with they will consider offering a greater sum in settlement. if they do not it may be worth engaging a litigation solicitor to assist you with a claim.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.