‘You need a doctor? Sign this NDA’: Canadians decry Cancun hotel’s response to gastro outbreak

There are more reports of travellers falling ill after staying at a Mexican resort, some allege the resort tried to get them to sign non-disclosure agreement.

An outbreak of a gastrointestinal illness at a Mexican hotel now appears to have hit hundreds of Canadian travellers there, as some of those stricken ill are pushing back at contracts proposed by the hotel that would bar them from talking about their experience.

Several fire trucks and ambulances were called to Toronto’s Pearson airport Thursday night to respond to seven passengers vomiting on one flight back from Cancun, public health officials said.

Traveller Neil Matheson told CTV News that he also went into medical distress on a flight on Wednesday night, passing out on his way back from a stay at the Royalton Splash Riviera hotel in Cancun with some of his extended family.

“You’re cramping, throwing up, your eyeballs feel like they are being ripped out of your head. We’ve had COVID – this is worse than COVID,” Matheson said in an interview.

“I’m on the plane and I faint. I go to the washroom, I throw up again, I didn’t make it. My wife said I hit my head and body on the wall. So, I went to the hospital, and they did a bunch of tests,” he said.

• READ MORE: ‘It was a nightmare’: Dozens of Canadians hit hard by vomiting, diarrhea after trip to Mexican hotel

Tests from other travellers to the hotel who spoke to CTV News have come back positive for E. Coli, which is a type of bacteria often responsible for gastrointestinal illness that is frequently transmitted through food.

Matheson said his 19-month-old son is also showing symptoms and is undergoing tests – something that has been very stressful for his family.

“I’m an adult. We can handle this. But messing with my kids? I don’t like that,” he said.

Matheson said he asked for a doctor while at the resort and was told that normally, a visit to diagnose four people would cost $900. However, they said would be free in exchange for signing a document that required him not to talk about his experience. He didn’t sign it.

“I know people are trying to run a business. But we’re human beings. We have kids, families, and lives. To try to silence what’s going on, it feels like they’re trying to silence it more than fix the problem,” he said.

Christina Wishlow said she was also presented with a similar document, often called a non-disclosure agreement or an NDA, in December in a dispute with the hotel after her family fell ill.

The contract says that the hotel guest “shall not directly or indirectly disclose the Incident or any other perceived negative experience relating to the Incident to anyone in any way,” adding that “it is the intention of the parties to avoid and prevent publicity.”

The payment to the hotel guest in the contract is 20,000 Marriott Bonvoy points, which adds up to about $200. Wishlow says she didn’t sign.

“This was a terrifying experience,” she said. “Clearly they’re not trying to fix the problem, they’re trying to hide it.”

Several others have complained on social media sites of being presented with a similar contract.

“We are aware of reports regarding guests experiencing illness on flights departing from Cancun and are continuing to monitor the situation closely,” airline Westjet said in a statement to CTV News. “The health and well-being of our guests remains our top priority, and we are working quickly to better understand the circumstances.”

No one from Royalton Splash Riviera, the Marriott hotel chain, responded to inquiries from CTV News.

Wayne Smith, the director of the Institute for Hospitality and Tourism Research at Toronto Metropolitan University, said it’s extremely unlikely that a contract like that would be upheld in a court.

“You need a doctor? Sign this NDA before you go to the doctor. That’s never going to be enforceable,” he said.

Peel Public Health told CTV News that paramedics responded to the airport on Thursday.

“Peel Paramedics responded at Pearson Airport after several passengers on an international flight reported experiencing vomiting during the flight. Seven passengers were assessed and declined transport to hospital,” their statement said.

“Peel Public Health can confirm that there is no evidence of risk to the broader public and encourages travellers to take simple, preventive health measures before they depart to lower health risks.

“This includes consulting with a travel medicine specialist before travelling, following good hand hygiene practices and avoiding potentially contaminated food or water.”