Tony Holliday, 57, was left with a fractured right leg, head and shoulder injuries after the crash – which happened after being given a complimentary quadbiking trip while on holiday
A holidaymaker who is suing TUI at the High Court following a quad bike crash has issued a stark warning to tourists 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 TuUI UK, claiming it misrepresented the nature of the excursion and was negligent, and is seeking more than £500,000 in damages.
READ MORE:Air India breaks silence after report suggests pilots may have made fatal error
Mr Holliday has now 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.”
Tui is understood to be opposing the claim and is due to file its defence at the High Court later this year.
