Party: Defendant

Name: Ragdelys Zamora

CLAIM NO: F68YX987 No. of Statement: First
Exhibits marked: RZ1 to RZX
Date made: 12 May 2020
IN THE COUNTY COURT AT DERBY

BETWEEN

MR MICHAEL HARRISON

MRS ELIZABETH HARRISON

(Claimants)

and

TUI UK LIMITED

(Defendant)

________________________________________________________

WITNESS STATEMENT OF RAGDELYS ZAMORA

________________________________________________________

I, RAGDELYS ZAMORA, of the Breathless Spa and Resort, Uvero Alto Beach, km

275, Punta Cana, La Altagracia Province, Dominican Republic, 23301.WILL SAY as

follows:

1. I am the Quality Service Manager of the Breathless spa and Resort (“the

Hotel”) since January 2018. I make this statement in support of the

Defendant. Except where indicated the contents of this statement are from

my own knowledge.

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 2. This witness statement was taken via email.

3. I was the Social Media Manager of this Hotel from November 2013 to

December 2017. I was responsible for the online reputation management,

including social media and opinion channels.

4. I am of [Venezuela] nationality and speak fluent English. I am happy to give

this witness statement in English. Should this matter proceed to Trial I do

not wish to use an interpreter.

5. As the Hotel’s Quality Service Manager I am responsible for [Standards and

regulations of Services].

6. The Hotel was awarded an operating licence. I attach to this statement

marked Exhibit ‘“RZ1” a copy of the Hotel’s operating licence.

7. The Hotel is officially rated a [Four] star Hotel. The Hotel has 750

ultracontemporary suites with private and scenic terraces. With a 2.1 ratio

the Hotel has a maximum capacity of approximately 1,575 guests.

8. The Hotel employed 850 members of staff in June 2016.

9. The Hotel’s occupancy in June 2016 was 63.88%.

10.The Hotel is an all-suite resort.

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 11.Guests get to enjoy all the inclusions of Unlimited-Luxury with 24-hour

room & concierge service, eight a la carte restaurants and one buffet

matched by top-shelf spirits & curated cocktails served up at eight chic

bars and lounges, plus, unlimited access to an additional eight restaurants

and ten bars at Now Onyx Resort & Spa next door.

12.The Hotel is open all year around. No. Our reopen date will be based to

Government decision in order to open the borders of the Country.

13.The Hotel has [Four] swimming pools.

14.The Hotel has received many awards and certificates. I attach at Exhibit

“RZ2” copies of the awards and certificates.

15.In June 2016, no guests complained of suffering with a gastric illness whilst

staying at the Hotel. For 2016 we do not have internal illness report.

16.The Hotel has a set procedure that it follows when a guest reports suffering

from a gastric illness. Guests inform our operator or guest service agent.

We suggest to the guest that they attend the doctor’s office. Afterwards,

the guest receives attention for the doctor. The attention can be in a

medical office or in the guest’s room, depending on the case. On

emergency occasions guest is assisted in areas.

17.In gastric illness cases, according to medical approval, we offer special diet

via room service or at the restaurants (soup, plain rice, whatever the

guests prefers). We perform deep cleaning in the hotel room. We place

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 electrolyte drinks (generally Gatorade or Powerade) in the room’s minibar

and bananas.

18.The Hotel follows a HACCP procedure. Sent before.

19.The Hotel’s HACCP procedure was implemented by Cristal Américas, before

opening the Hotel back in 2013.

20.Internal and external audits are conducted by Cristal Américas.

21.The Quality Hygiene Manager and the managers of the departments

involved are responsible for ensuring that the measures detailed in the

HACCP procedure are followed and maintained.

22.In my position I am responsible for auditing constantly and dealing with

staff training and supervisors training.

23.The Hotel is subject to Public Heath Inspections, Cristal Americas audits

and Tour Operator Audits. I attach at Exhibit “RZX” copies of the Hotel’s

Food Check reports, Room Check reports and Aqua Check reports. I attach

at Exhibit “RZX” the audit conducted on TUI’s behalf dated 13 January

2016 in which the Hotel scored a hygiene safety grade of 4. When we

received the result, we did operative practice with all of our staff of

kitchen and restaurants. In the proof the bad result obtained was for dirty

superficies and unfortunately, we do not have the information if the

auditor or any of our staff touched the superficies a few minutes before to

the audit. This proof is based to ATP range. Hot Display / Holding and

Stock Rotation were situation in the moment and was solved with the

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 auditor in home.

24. I attach at Exhibit “RZX” the audit conducted on TUI’s behalf 27 May 2016

in which food safety at the Hotel scored 93.18%. No critical defects were

identified.

25.It is my opinion that when travelling there are people who may have

anxiety about traveling, other intolerances to some condiments or

ingredients from different countries. Also, sun exposure can trigger

stomach problems. If you do not eat food for a long time and after

consume big quantities of food. There are many variables to consider. I do

not believe that the Claimants’ illnesses can be attributed to the Hotel.

STATEMENT OF TRUTH

I believe that the facts stated in this witness statement are true. I

understand that proceedings for contempt of court may be brought against

anyone who makes, or causes to be made, a false statement in a document

verified by a statement of truth without an honest belief in its truth.

Signed

Dated

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