Slater and Gordon is assisting an Adelaide woman and her husband who are calling on the Sun Princess to refund the cost of a cruise which ended up turning into a 10-day sick nightmare.
Slater and Gordon lawyer Tim Downie said June Edwards and her husband chose a three-week Sun Princess cruise around Asia for their 50th wedding anniversary, however, the holiday turned sour when Mrs Edwards became sick in the second week of the trip.
“Mrs Edwards fainted and became ill with gastro like symptoms in the second week of the trip,” Mr Downie said.
“It has been reported that in excess of 230 people on that cruise became sick with the same symptoms. It turned out that after people were tested in Singapore it was cyclospora, a parasite causing gastro like symptoms that is common in Asia and usually transmitted via raw fruit and vegetables.
“Ms Edwards maintains that she took careful precautions such as only eating and drinking whilst on the ship and only drank bottled water purchased on board the ship whilst in foreign ports.”
Mr Downie said in the least the company should be willing to refund part, or all, of the couple’s trip costs, in recognition of how the holiday was ruined.
“The Sun Princess is washing its hands of this case and refusing to refund even half the cost of the ticket, let alone pay them any compensation,” he said.
“They are failing to recognise her loss of enjoyment and the fact that this has not been a case of getting off the ship and all is well. My client continues to have symptoms post the cruise and so far suffered one relapse requiring further courses of antibiotics.”
Mr Downie said despite the fact that the alleged incident occurred overseas, Slater and Gordon could possibly pursue the case on the basis of a breach of contract, under Trade Practices legislation.
He said the provider of a holiday contract is obliged to provide services with due skill and care and if the Cruise liner has been found to have breached this obligation the passengers could be entitled to damages for disappointment and distress.