A GROUP of 15 people who holidayed in Majorca in 1989 claimed in the High Court yesterday that conditions in the apartments were deplorable. They said one man was taken seriously ill on this return and was diagnosed as having been exposed to Legionnaire's Disease.
The group is taking the action for damages against Joe Walsh Tours Ltd, of Lower Baggot Street, Dublin, the tour operator, and Creation Holidays, Creation Arcade, Grafton Street, Dublin, the tour agent. They are claiming breach of contract, negligence and breach of duty and misrepresentation.
The defendants deny the claims. They say the complaints are unwarranted and that the apartments were well run, clean and well staffed. They also deny the man was exposed to Legionnaire's Disease and say he was the only plaintiff to make this allegation.
Mr David Andrews SC, for the group, said most of the group were related and lived in Drumcondra, Dublin. The claims arose out of a holiday from June 30th to July 14th, 1989, at the Pil-Lari Apartments, Playa de Palma, Majorca.
He said two of the group, Ms Aileen Smithers and Ms Clare Coughlan, booked the holiday at Creation Holidays. The apartments were recommended at Creation.
The accommodation was unsatisfactory. There was dirt and grime everywhere and the apartment had not been cleaned since the previous guests had left. Sheets and bed linen were yellow, with holes and tears. Towels were old and grubby. Knives, forks and kitchen utensils were old and stained and could not be used for eating with confidence. Many essential items of cutlery, dish-cloths and tea-towels were not provided.
The apartments were on the 11th floor and for most of the time the lifts did not work. The 15 also claimed lighting in the stairways was grossly inadequate; these areas were extensively littered and were occasionally made dangerous from spilled substances.
Ms Smithers made repeated complaints about broken glass on the landing. This was not removed until the Tuesday after they arrived, on a Friday.
The group also claimed the plumbing gave off a strong smell and a stench of sewage came from, the bathrooms. The water was brown. The balconies were so low that parents feared for their children.
On July 1st, 1989, the second night of the holiday, various members of the group were sitting in the bar in the building having a sing-song. Two members of the security staff, with guns at their sides, started hitting the tables and backs of chairs with batons. They alleged the two men took the chair from under Ms Smithers and she fell backwards to the floor. The group, particularly the children, were terrified. Another woman was struck in the face.
Next day, following complaints to a representative, Ms Gillian Lyms, apologies were profuse but no further action was taken. The group was not able to relax in the bar after that.
They also claimed that Mr Anthony Smithers was taken seriously ill within two weeks of his return to Ireland and was taken to the Mater Hospital. He and his wife were questioned about the living, eating, plumbing and heating conditions in the apartments. He was diagnosed as having been exposed to Legionnaire's Disease.
Ms Mary Irvine SC, for the defendants, said the evidence would be that the apartments were well run, clean and well staffed. There would be an English couple giving evidence who went with a different travel agent and who were there at the same time. They could say they found nothing wrong.
On the incident with the security men, the management would say that there was a rule that singing should stop at midnight. The evidence would be that the singing stopped, and resumed at 2 a.m. Her clients would say that the security firm was excessive in trying to quell the noise. The hotel made complaints to the security firm afterwards.
Ms Irvine also said the manager would say that new management book over in 1988 and bought new linen and towels. There were no other complaints about sewage smells. The case continues.