Martin and Lindsey Brown of Chorley stayed at the Emre Hotel in Marmaris in 2016 and submitted a false claim against Jet2holidays for gastric illness.
They claimed compensation after stating that they had suffered stomach cramps, diarrhoea, vomiting and nausea as a result of food poisoning during the all-Inclusive 10-night holiday. Mr Brown claimed he had soiled himself in bed, and that his children had soiled themselves at the pool as a result of their sickness.
However, a witness statement from another guest told how Martin Brown had bragged about fabricating a false sickness claim to win compensation, and how he had done it before.
An investigation by Jet2holidays and its lawyers Horwich Farrelly revealed video evidence showing Martin Brown dancing by the pool, and diving into it, despite being allegedly bedridden with nausea, diarrhoea and vomiting.
More footage showed the couple walking out of the hotel with their two children on the days they were allegedly bedridden.
They were further damned by a social media post from a holidaymaker staying at the hotel at the same time as the Browns, stating that Martin Brown was not ill and was in a bar until ‘daft o clock’. Facebook posts also showed the Browns enjoying an evening out despite their alleged illness.
During the hearing at the Civil Justice Centre in Manchester, staff and the doctor from Emre Hotel also gave evidence demonstrating that the couple had not been ill.
His Honour Judge Sephton QC convicted the Browns of conspiracy to commit fraud, saying: “They sought to benefit by their wrong-doing in a thoroughly dishonest fashion. Dishonest claims are a scourge which are blighting these courts.” He also found that “the representations made by their solicitors were dishonest".
Steve Heapy, chief executive of Jet2.com and Jet2holidays said: “Martin and Lindsey Brown travelled to Turkey having already worked out how to make a fraudulent sickness claim, but thanks to our robust investigation their deception has been uncovered.
“Jet2holidays has led the way to tackle the issue of false sickness claims so that holidaymakers do not expose themselves to the risks that come with getting involved in such dishonest activity, and we hope this ruling sends out a serious message to others. That message is clear, we will investigate and defend any claims that we believe are dishonest, and the courts do not just take a dim view of such deceit, they are prepared to punish it accordingly.”
Emre Hotels managing director Emre Deliveli added: “I am very satisfied with this result, I’d like to thank Jet2holidays for working with us on this case. We feel that our reputation and high standards have been proved once more.”
