Liverpool Country Court heard that a family had brought the case against Cook in May 2016, having holidayed in August 2013.
Without any prior complaints to the operator following the holiday, their solicitors Bridger & Co of Landovery, Carmarthernshire, claimed the whole family had suffered gastroenteritis on the third day of their holiday as a result of inadequate food hygiene at the hotel.
The family, Julie Lavelle and her partner Michael McIntyre had booked a 14-day all-inclusive holiday for themselves and their two children, then aged three and 14 months, at the Parque Cristobal Hotel, Playa del Ingles, Gran Canaria.
No complaints were made in resort and no mention was made on the feedback questionnaire. McIntyre explained in court that the questionnaire was filled in on the flight home after six pints of lager and was randomly ticked to benefit from a prize draw incentive.
The court also heard Ms Lavelle sought no medical help for her children, had not mentioned anything to hotel staff or a Cook representative and had taken the flight home despite supposed symptoms. The following day, both parents returned to work and the children attended nursery.
Cook added: “She had other reasons to see her GP within a few days and had made no mention of continuing gastroenteritis symptoms which she asserted at trial, in her witness statement and to a medico-legal doctor.”
Despite this, a claim for up to £10,000 was issued at the court in July 2016, which the judge said was “wholly implausible”. The judge dismissed it after ruling that the family had not suffered any illness and ordered the couple to pay costs of £3,744 within 28 days.
Cook’s UK managing director Chris Mottershead said: “We’re pleased that the judge found in our favour. It’s not comfortable for us to be in court questioning our customers’ credibility, but the significant increase in unreported illness claims being received by the travel industry threatens holidays for all UK customers.
“This case follows an increasingly common pattern for these claims, with a previously unreported illness being raised years after the holiday with no medical or other evidence to support the illness having occurred. In these cases, we will not accept liability and we will take further action where we believe it is necessary to protect all of our customers.”
Cook said the case was the first in a “significant” number that it would be bringing to court but declined to give a figure of how many were in the pipeline.
A spokesperson added: “The fact that it was such an unequivocal verdict and that we were awarded costs we hope sets a precedent.”
He added that clients who bring such claims are normally protected from paying costs but that in this case, the couple had been shown to be “fundamentally dishonest” and would be forced to pay up as a result.
