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Your guide to Mauritius holiday compensation

Beach in Mauritius

About Mauritius

Mauritius is one of the world’s prime destinations for weddings and honeymoons – but beyond the sun-kissed beaches and beautiful vistas, there’s a wealth of heritage and history just waiting to be discovered. The culture in Mauritius is an eclectic combination of British, French, Indian and Chinese, which makes holidays in this country a totally unique experience! Whether you’re enjoying a relaxing break with the entire family, or a secluded getaway with your new husband or wife, there’s something for everyone to fall in love with in Mauritius.

Mauritius holiday hotspots

Mauritius is made up of many small resorts. The island’s eastern resorts – ideal for watching the sun rise in the morning – include Pointe Jerome, Belle Mare Plage, Blue Bay and Mahebourg. If you feel you want to catch a sunset instead, head for the western side of the island, where Grand Baie and Pointe aux Piments are sure to satisfy you.

Mauritius isn’t all relaxing by the pool and watching sunsets. Diving and snorkelling are both available along much of the island’s coastline, and you can trek into the jungle to enjoy a plethora of mountain trails and picturesque sugar plantations.

Day trips are also on offer all over the island, taking tourists to some of Mauritius’ best attractions. The mind-blowing Botanical Gardens would rival any cosmopolitan capital, and the Black River Gorges National Park is a great place to explore on a cooler day.

Accidents and illnesses in Mauritius

Mauritius’ incredible climate, beautiful landscape and friendliness has seen it transform into a tourist paradise. Luxury hotels jut out over crystal-clear waters, while inland, the steamy jungle is ripe for exploration.

It sounds idyllic – but some holidays to Mauritius don’t end up with a fairytale ending. Every year tourists suffer accidents and illnesses on the island and even end up cutting their holiday short to seek treatment at home.

Here are some of the main accidents, illnesses and injuries that you may face if you’re planning to holiday in Mauritius:

  • Travel bugs and sickness

Mauritius’ hotels are renowned for their world-beating food, but that doesn’t mean some tourists don’t occasionally suffer from food poisoning or similar illnesses. Hotel buffets are notorious for causing these types of illness – the food is often re-heated and left out for long periods of time, making it a breeding ground for harmful bacteria.

Pool areas can also breed bacteria, especially if they’re poorly maintained and unclean.

  • Slips, trips and falls

Slips, trips and falls can happen anywhere in the world – but they’re especially stressful when they happen in the midst of a holiday. A trailing wire within a hotel, a slippery wet floor in a museum or an unsafe balcony can result in serious injuries, and could see victims receive large sums of compensation depending on the severity of their accident.

  • Water sports accidents

Many of those visiting Mauritius like to go snorkeling or scuba diving – but without the proper equipment and instruction, this can go horribly wrong. This could be due to an instructor giving inadequate safety advice, or a piece of equipment being faulty or broken.

  • Excursions, accidents in airports, transfers, coach trips

Most people visiting Mautitius take advantage of the excursions on offer – but with relatively poor health and safety standards, tourists can end up involved in accidents through no fault of their own.

Accidents can happen even before your holiday starts.  You may have been injured boarding or disembarking a plane, had an item fall on you from an overhead locker, or been injured retrieving your luggage from the carousel or during your transfer to your hotel.  As these are all covered by your package holiday, you could have a valid compensation claim.

What you can claim for

Compensation for accidents and illnesses abroad can only be claimed for package holidays, most of which are covered by the Package Travel Regulations 1992. Under Regulation 2(1), hotel owners and tour operators have a ‘duty of care’ towards the health and safety of you, your family and anyone else in your party.

This Regulation states that a package must include the pre-arranged combination of at least two of the following components:

  • Transport
  • Accommodation
  • Other tourist services that are additional to transport or accommodation, and which account for a significant proportion of the package.  This can include pre-booked excursions.

If you are harmed while using any facilities promoted or controlled by your tour operator as part of your package, you could have grounds to make a claim for compensation.

Your package holiday organiser can be held responsible if you suffered an injury caused by an accident or illness that happened anywhere on hotel property. They can also be held responsible if an accident takes place or your illness is caused either:

  • On a pre-booked excursion bought in the UK, or
  • During a holiday service provided as part of your package bought in the UK.

However, your package holiday organiser is unlikely to be held responsible if:

  • Your accident or illness happened during an excursion booked at the hotel or resort, which was not included in your pre-booked package bought in the UK.
  • An accident happened away from your hotel – unless it was during an excursion you bought in the UK as part of your package.
  • You tripped on a badly maintained pavement in the local town centre.
  • The accident was your fault, i.e. you broke the safety rules
  • Your illness was caused by eating at a local restaurant that was not included as part of your package holiday.

Time limit

The Package Travel Regulations 1992 allow you 3 years to make a claim from the date when the illness or accident occurred.  However if your illness or accident happened on a cruise, this would be governed by the Athens Convention which are a different set of regulations that  only allow 2 years in which to make a claim.

Claiming compensation

If you’ve had a holiday ruined by an accident that wasn’t your fault, or an illness you’ve picked up as a result of someone else’s negligence, Your Legal Friend could help. We’ll support you in making a compensation claim for the pain and stress caused to you while you were abroad, as well as covering additional travel costs and any future medical treatments that might be required throughout your recovery.

First of all, we need to understand what happened to you and why you believe the accident or illness was not your fault. We’ll take statements from you and any witnesses, obtain incident reports, and search for medical reports to get a better idea of what happened, how you were affected, what treatment you were given, and whether you are still suffering from your injury or illness.

Then we’ll launch a thorough investigation, with the aim of identifying who was at fault for your injury or illness. Once we’ve discovered whose negligence caused this, can then assess how likely your claim is to succeed and how much compensation we can secure for you.

If you then agree to go ahead, we’ll send your claim to whoever is responsible for your injuries or illness. They can either accept the claim and seek to negotiate a settlement with you – this is often the preferred choice of many larger firms looking to protect their reputation – or they can reject the claim in which case we take the case to Court. In this instance, we’ll manage the process of preparing your claim to go to Court and support you every step of the way.

Receiving compensation

If your claim is successful, you’ll be awarded compensation. How much you’ll be awarded depends on various criteria:

  • The severity of the injury or illness. A broken bone or amputation is likely to be classed as far more serious than a muscle strain or stomach bug.How your life has been affected. Some unfortunate holidaymakers experience life-changing injuries or illnesses while abroad – the compensation awarded will reflect this.
  • Whether you’ve been left out of pocket. Medical bills and additional travel expenses can wreak havoc on a family’s finances. This part of the compensation sees that you’re adequately compensated for your losses.
  • Whether you’ll need extra support in the future. If your injury or illness will lead to loss of income, or if you’ll need ongoing treatment and care to deal with the injury, this will be taken into account.

Here’s how Your Legal Friend can help you:

  • No win, no fee - guaranteed
  • 95% success rate in personal injury claims
  • Over £200,000,000 successfully won in the last ten years alone
  • Help and support you with your claim against the travel company or carrier
  • 30 years’ experience in personal injury compensation

Talk to us today

For an informal, confidential chat with one of our expert personal injury solicitors about making a claim, call us now on 0808 274 6166 (call free from landlines and mobiles). Or just complete the 'Start a new claim’ option on the right and we'll call you straight back.