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Cockermouth holidaymaker suing TUI over quad bike crash
Cockermouth holidaymaker suing TUI over quad bike crash

BBC News

time3 days ago

  • BBC News

Cockermouth holidaymaker suing TUI over quad bike crash

A father-of-three is suing holiday provider TUI at the High Court after he claims a quad bike crash left him feeling as though he was "not the same person".Tony Holliday, 57, who lives near Cockermouth in Cumbria, needed operations after the bike crashed into rocks while on holiday in Cape Verde in is seeking £500,000 in damages claiming the excursion, which was provided as compensation for lost luggage, was misrepresented as suitable for beginners and did not have adequate safety is understood to be opposing the claim and is due to file its defence later this year. Mr Holliday said he needed two operations on his fractured right leg and also suffered head, shoulder and hand injuries, after he was thrown from the vehicle."I'm not the same person I was. I have anxiety, I struggle sleeping at night, going over the same accident, or similar events like that," he told the PA news agency. 'Inadequate instruction' The family flew to Sal, Cape Verde, on 1 March 2023 for a week-long holiday costing £4, court documents filed by law firm Stewarts, which is representing Mr Holliday, Sarah Prager KC said that on arrival, the family found their luggage had been lost, although it was later then found their rooms "smelled very strongly of sewage", and replacement rooms were Prager said TUI representatives offered a free excursion to compensate and recommended quad biking, claiming this was "suitable for total beginners".She said the accident was caused by the route being "unsuitable for beginners", Mr Holliday and his family being given "wholly inadequate instructions", and the quad bike being "defective". A spokesperson for TUI said: "We are sorry that Mr Holliday was injured during his holiday to Cape Verde."As this is now a legal matter, we are unable to comment any further at this time." Additional reporting by PA Media. Follow BBC Cumbria on X, Facebook, Nextdoor and Instagram.

Father-of-three suing Tui at High Court over quad bike crash ‘not same person'
Father-of-three suing Tui at High Court over quad bike crash ‘not same person'

The Independent

time4 days ago

  • The Independent

Father-of-three suing Tui at High Court over quad bike crash ‘not same person'

A father-of-three who is suing holiday provider Tui at the High Court after a quad bike crash is 'not the same person' after the incident, and the pain he suffers can be 'unbearable', he has said. Tony Holliday, 57, needed two operations on his fractured right leg and also suffered head, shoulder and hand injuries, after his quad bike crashed into rocks and he was thrown from the vehicle while on holiday in Cape Verde in March 2023. The property developer, who travelled to the island off the coast of west Africa with his wife, Bev, and two of his daughters, Keeley and Rhianna, now suffers from post-traumatic stress disorder. He is taking legal action against Tui UK and seeking more than £500,000 in damages, claiming the quad bike excursion, which was provided as compensation for lost luggage and their original rooms smelling of sewage, was misrepresented as suitable for beginners and came without adequate safety instructions. Tui is understood to be opposing the claim and is due to file its defence at the High Court later this year. Speaking to the PA news agency from his home near Cockermouth, in the Lake District, Cumbria, Mr Holliday said: 'It has affected the full family. 'I'm not the same person I was. I have anxiety, I struggle sleeping at night, going over the same accident, or similar events like that. 'I haven't got the confidence I used to have, and I'm always worrying (about) what's going to happen next with my injury.' Mrs Holliday said: 'It's turned our lives upside down, really.' The family flew to Sal, Cape Verde, on March 1, 2023, for a week-long holiday costing £4,166.72, their first time visiting the country. In court documents filed by law firm Stewarts, which is representing Mr Holliday, Sarah Prager KC said that on arrival, the family found their luggage had been lost, although it was later found. They then found their rooms 'smelled very strongly of sewage', and replacement rooms were offered. Ms Prager said Tui representatives offered a free excursion to compensate for the issues and recommended quad biking, claiming this was 'suitable for total beginners'. She said that 'in reliance on this representation' the family booked a two-hour trip for March 6. She said Tui described the excursion online as an 'off-road adventure', an 'action-packed excursion', and 'four adrenaline-pumping hours' on 'very powerful machines'. Mr Holliday believed the excursion was provided by Tui, but later found out it was organised by a local provider. Ms Prager said that at the start of the trip, the family were shown the location of the quad bikes' ignition, accelerator, throttle and brake, and were advised to keep a five-metre distance between each other, but received no other instructions and were not offered a test drive. She said that after ascending a mountain on a volcanic trail, the family then descended, but the bikes lost grip and Mr Holliday's brakes did not work. This caused him to swerve to avoid the bike ridden by one of his daughters, he collided with rocks and was thrown from the vehicle. Ms Prager said the accident was caused by the route being 'unsuitable for beginners', Mr Holliday and his family being given 'wholly inadequate instruction', and the quad bike being 'defective'. Mr Holliday returned to the UK the next day and underwent two surgeries. His insurance provider did not cover the cost of his medical treatment and repatriation, as quad biking is considered a hazardous activity. While his right leg was saved, he continues to experience pain and discomfort, and occasionally needs crutches. He claimed he joined the excursion as he trusted the Tui brand, and was bringing legal action to raise awareness of health and safety issues on similar trips. He said: 'I just want this to stop. I think that health and safety should be a key issue. 'What we went through, had it not been for Tui's name and brand, I don't think we would have gone through with it. It was shocking.' Mr Holliday – an 'avid' runner before the crash – said he has tried to get back into the sport despite suffering from 'unbearable' pain, with his leg sometimes swelling 'like a football'. He completed a local parkrun last summer, supported by family and friends, as he described himself as 'somebody who just can't use the words where they say 'you can't, you never will''. He said: 'The surgeon said I would never run, I would never be able to walk without the limp. 'I had to prove to myself, I will fight everything to try and get there.' A spokesperson for Tui said: 'We are sorry that Mr Holliday was injured during his holiday to Cape Verde. 'As this is now a legal matter, we are unable to comment any further at this time.'

Traveller urges others to take precautions on excursions after quad bike crash
Traveller urges others to take precautions on excursions after quad bike crash

The Independent

time4 days ago

  • The Independent

Traveller urges others to take precautions on excursions after quad bike crash

A holidaymaker who is suing provider Tui at the High Court following a quad bike crash has warned tourists to take precautions while on excursions abroad after he suffered serious injuries which 'should never have happened'. Tony Holliday, who now suffers from post-traumatic stress disorder, required two operations on his right leg after he collided with rocks and was thrown from a quad bike while on an excursion in Cape Verde in March 2023. The property developer travelled to the island, off the coast of west Africa, with his wife, Bev, and two of his daughters, Keeley and Rhianna. The 57-year-old, from Cockermouth, Cumbria, is suing Tui UK, claiming it misrepresented the nature of the excursion and was negligent, and is seeking more than £500,000 in damages. Tui is understood to be opposing the claim and is due to file its defence at the High Court later this year. Speaking to the PA news agency, he urged travellers to take precautions while abroad. He said: 'Please check everything. If something doesn't feel right… take the full checks, make sure everything's there (and) the health and safety looks like it's in place.' He continued: 'We asked questions at the time but were not given the correct answers.' Mrs Holliday, 54, said: 'Make sure that you've got the right insurance in place, that you're going through your tour operator, and just think carefully about the excursions that you take your family on and that you go on, and just to try and look out for things that we didn't see.' The family agreed to go on the free quad bike excursion as compensation for issues with lost luggage and rooms smelling of sewage earlier in the trip. In court documents filed by law firm Stewarts, which is representing Mr Holliday, Sarah Prager KC said that Tui staff described the excursion as 'suitable for total beginners', despite the company saying online that it was an 'off-road adventure', an 'action-packed excursion', and 'four adrenaline-pumping hours' on 'very powerful machines'. Mr Holliday believed the excursion was provided by Tui but later found out it was organised by a local provider. Mr Holliday continues to suffer from anxiety and issues with sleep following the incident, and said he 'feels a second slower than where I should be'. He said: 'Although I went through it, I didn't witness what my family had to witness, and I don't think they'll ever get that image out of their head. 'So it's not just me who has suffered. I think the full family has suffered through this. 'It should never have happened.' Mrs Holliday said: 'It's really strange when you've got a partner who has no fear… he gets himself out there and he loves the challenge, work-wise. 'It's really strange to then find yourself in the position where he hasn't got that confidence any more, and your life completely changes. 'He will get back, he will get back to where he is. We'll make sure he does.' Chris Deacon, international injury lawyer at Stewarts, said: 'Sadly, every year I see cases like Tony's, of people sustaining serious, life-changing injuries on holiday excursions. ' One of the key factors which influences whether a person can bring a compensation claim for their injuries is how the excursion (is) booked. 'This is because booking your excursion through your tour operator as part of your package holiday brings with it certain protections under the package travel regulations. 'If you book through a small, local provider, there is a risk they won't be insured, fully or at all, with no safeguard that the tour operator may have risk assessed the provider or activity, and the added complication of potentially having to bring your legal case in a foreign jurisdiction. 'What is also worth knowing is that many travel insurance policies exclude high-risk activities such as quad biking, parachuting, bungee jumping and certain watersports. 'So even if you have travel insurance, don't assume it will cover you for everything.' A spokesperson for Tui said: 'We are sorry that Mr Holliday was injured during his holiday to Cape Verde. 'As this is now a legal matter, we are unable to comment any further at this time.'

Traveller urges others to take precautions on excursions after quad bike crash
Traveller urges others to take precautions on excursions after quad bike crash

Yahoo

time4 days ago

  • Yahoo

Traveller urges others to take precautions on excursions after quad bike crash

A holidaymaker who is suing provider Tui at the High Court following a quad bike crash has warned tourists to take precautions while on excursions abroad after he suffered serious injuries which 'should never have happened'. Tony Holliday, who now suffers from post-traumatic stress disorder, required two operations on his right leg after he collided with rocks and was thrown from a quad bike while on an excursion in Cape Verde in March 2023. The property developer travelled to the island, off the coast of west Africa, with his wife, Bev, and two of his daughters, Keeley and Rhianna. The 57-year-old, from Cockermouth, Cumbria, is suing Tui UK, claiming it misrepresented the nature of the excursion and was negligent, and is seeking more than £500,000 in damages. Tui is understood to be opposing the claim and is due to file its defence at the High Court later this year. Speaking to the PA news agency, he urged travellers to take precautions while abroad. He said: 'Please check everything. If something doesn't feel right… take the full checks, make sure everything's there (and) the health and safety looks like it's in place.' He continued: 'We asked questions at the time but were not given the correct answers.' Mrs Holliday, 54, said: 'Make sure that you've got the right insurance in place, that you're going through your tour operator, and just think carefully about the excursions that you take your family on and that you go on, and just to try and look out for things that we didn't see.' The family agreed to go on the free quad bike excursion as compensation for issues with lost luggage and rooms smelling of sewage earlier in the trip. In court documents filed by law firm Stewarts, which is representing Mr Holliday, Sarah Prager KC said that Tui staff described the excursion as 'suitable for total beginners', despite the company saying online that it was an 'off-road adventure', an 'action-packed excursion', and 'four adrenaline-pumping hours' on 'very powerful machines'. Mr Holliday believed the excursion was provided by Tui but later found out it was organised by a local provider. Mr Holliday continues to suffer from anxiety and issues with sleep following the incident, and said he 'feels a second slower than where I should be'. He said: 'Although I went through it, I didn't witness what my family had to witness, and I don't think they'll ever get that image out of their head. 'So it's not just me who has suffered. I think the full family has suffered through this. 'It should never have happened.' Mrs Holliday said: 'It's really strange when you've got a partner who has no fear… he gets himself out there and he loves the challenge, work-wise. 'It's really strange to then find yourself in the position where he hasn't got that confidence any more, and your life completely changes. 'He will get back, he will get back to where he is. We'll make sure he does.' Chris Deacon, international injury lawyer at Stewarts, said: 'Sadly, every year I see cases like Tony's, of people sustaining serious, life-changing injuries on holiday excursions. 'One of the key factors which influences whether a person can bring a compensation claim for their injuries is how the excursion (is) booked. 'This is because booking your excursion through your tour operator as part of your package holiday brings with it certain protections under the package travel regulations. 'If you book through a small, local provider, there is a risk they won't be insured, fully or at all, with no safeguard that the tour operator may have risk assessed the provider or activity, and the added complication of potentially having to bring your legal case in a foreign jurisdiction. 'What is also worth knowing is that many travel insurance policies exclude high-risk activities such as quad biking, parachuting, bungee jumping and certain watersports. 'So even if you have travel insurance, don't assume it will cover you for everything.' A spokesperson for Tui said: 'We are sorry that Mr Holliday was injured during his holiday to Cape Verde. 'As this is now a legal matter, we are unable to comment any further at this time.'

Father-of-three suing Tui at High Court over quad bike crash ‘not same person'
Father-of-three suing Tui at High Court over quad bike crash ‘not same person'

Yahoo

time4 days ago

  • Yahoo

Father-of-three suing Tui at High Court over quad bike crash ‘not same person'

A father-of-three who is suing holiday provider Tui at the High Court after a quad bike crash is 'not the same person' after the incident, and the pain he suffers can be 'unbearable', he has said. Tony Holliday, 57, needed two operations on his fractured right leg and also suffered head, shoulder and hand injuries, after his quad bike crashed into rocks and he was thrown from the vehicle while on holiday in Cape Verde in March 2023. The property developer, who travelled to the island off the coast of west Africa with his wife, Bev, and two of his daughters, Keeley and Rhianna, now suffers from post-traumatic stress disorder. He is taking legal action against Tui UK and seeking more than £500,000 in damages, claiming the quad bike excursion, which was provided as compensation for lost luggage and their original rooms smelling of sewage, was misrepresented as suitable for beginners and came without adequate safety instructions. Tui is understood to be opposing the claim and is due to file its defence at the High Court later this year. Speaking to the PA news agency from his home near Cockermouth, in the Lake District, Cumbria, Mr Holliday said: 'It has affected the full family. 'I'm not the same person I was. I have anxiety, I struggle sleeping at night, going over the same accident, or similar events like that. 'I haven't got the confidence I used to have, and I'm always worrying (about) what's going to happen next with my injury.' Mrs Holliday said: 'It's turned our lives upside down, really.' The family flew to Sal, Cape Verde, on March 1, 2023, for a week-long holiday costing £4,166.72, their first time visiting the country. In court documents filed by law firm Stewarts, which is representing Mr Holliday, Sarah Prager KC said that on arrival, the family found their luggage had been lost, although it was later found. They then found their rooms 'smelled very strongly of sewage', and replacement rooms were offered. Ms Prager said Tui representatives offered a free excursion to compensate for the issues and recommended quad biking, claiming this was 'suitable for total beginners'. She said that 'in reliance on this representation' the family booked a two-hour trip for March 6. She said Tui described the excursion online as an 'off-road adventure', an 'action-packed excursion', and 'four adrenaline-pumping hours' on 'very powerful machines'. Mr Holliday believed the excursion was provided by Tui, but later found out it was organised by a local provider. Ms Prager said that at the start of the trip, the family were shown the location of the quad bikes' ignition, accelerator, throttle and brake, and were advised to keep a five-metre distance between each other, but received no other instructions and were not offered a test drive. She said that after ascending a mountain on a volcanic trail, the family then descended, but the bikes lost grip and Mr Holliday's brakes did not work. This caused him to swerve to avoid the bike ridden by one of his daughters, he collided with rocks and was thrown from the vehicle. Ms Prager said the accident was caused by the route being 'unsuitable for beginners', Mr Holliday and his family being given 'wholly inadequate instruction', and the quad bike being 'defective'. Mr Holliday returned to the UK the next day and underwent two surgeries. His insurance provider did not cover the cost of his medical treatment and repatriation, as quad biking is considered a hazardous activity. While his right leg was saved, he continues to experience pain and discomfort, and occasionally needs crutches. He claimed he joined the excursion as he trusted the Tui brand, and was bringing legal action to raise awareness of health and safety issues on similar trips. He said: 'I just want this to stop. I think that health and safety should be a key issue. 'What we went through, had it not been for Tui's name and brand, I don't think we would have gone through with it. It was shocking.' Mr Holliday – an 'avid' runner before the crash – said he has tried to get back into the sport despite suffering from 'unbearable' pain, with his leg sometimes swelling 'like a football'. He completed a local parkrun last summer, supported by family and friends, as he described himself as 'somebody who just can't use the words where they say 'you can't, you never will''. He said: 'The surgeon said I would never run, I would never be able to walk without the limp. 'I had to prove to myself, I will fight everything to try and get there.' A spokesperson for Tui said: 'We are sorry that Mr Holliday was injured during his holiday to Cape Verde. 'As this is now a legal matter, we are unable to comment any further at this time.'

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