County Court Support Pack

Sample Document L IN THE BIRKENHEAD COUNTY COURT BIRKENHEAD Case No.BI2 06508           BETWEEN Claimant         and Defendant         WITNESS STATEMENT My full name is ……………………. I reside at ………………………………………….. On the 15th January 2002 , after lengthy discussions and consultation with the Defendants agents, I booked a package holiday to Cyrpus. I specifically advised the Agent that I required a quiet holiday. I advised that I was looking for a high standard of accommodation, full board basis for meals and car hire for the week. . I was advised by the Defendant’s agent that the resort in Cyrpus that they were recommending was a quiet, resort for the holidaymaker seeking a relaxing holiday. They further advised that the hotel was a 5* rating and was highly recommended and car hire was available at the hotel. I was shown a brochure confirming all of the agents representations. I booked the holiday for one week and paid in full the cost of £1099.00 inclusive of insurance, supplements on a full board basis etc. On arrival at the complex on the 31st January 2002 the Hotel reception was un-manned. A large party appeared to be taking place in the Hotel Bar and it was necessary to wait at least one hour to be checked into a hotel room. On inspection of the room allocated, I immediately made a complaint t o the Hotel Reception. The room was wet, dirty and infested with some sort of insect. A new room was allocated which was a little more acceptable but still not of a good standard. The noise in the hotel was of such a high level that it was not possible to sleep. There also appeared to loud music coming from a number of bars and other hotels in the immediate vicinity of the hotel. The following morning, I attended the hotel restaurant for breakfast. I was advised that the restaurant had closed early for breakfast. At lunchtime, I returned to the restaurant. The food in my opinion was not edible. I attach a photograph of the cold buffet table marked ……… . This photograph clearly shows the food displayed in unhygenic conditions and insects are clearly visible amongst the food. I was unwilling to accept this and made a formal complaint to the tour operators representative. I attach a copy of my signed complaint form marked ………………… This include the fact that, in addition to all the other problems, no car hire was available. I requested that alternative accommodation be arranged immediately. I was informed that this was not possible. Accordingly, I requested to be returned to the UK. Again, this request was declined. On the 2nd February 2002 I made my own arrangements to travel back to the UK at a cost of £379.00. I attach a copy of the receipt marked ………. I feel that the Defendant by his agent, made many misrepresentations to me with regard to the holiday. I relied on this description made by the Defendants Agent and the brochure. . In accordance with Regulations 4 and 6 of the Package Travel, Package Holidays and Package Tour Regulations 1992 this is a term of our contract which was breached. In the circumstances I seek damages for the following ; - Cost of return to the UK £379.00 Cost of the holiday price - £1099.00 Damages for loss of enjoyment, disappointment as the court may see fit. I, the Claimant, confirm the facts in this my statement are true. Signed ……………………………… PRINT NAME Dated ………………………………. 2003

April 2003