Tony Holliday, a 57-year-old property developer and father, is urging holidaymakers to take extra caution after a quad biking excursion that left him with life-changing injuries. By sharing his experience, Tony hopes to highlight the risks of adventure activities abroad and the importance of booking excursions through reputable tour operators, rather than local third-party providers, to ensure better protection if something goes wrong.

Tony travelled to Sal, Cape Verde in March 2023 with his wife and two of his daughters for a package holiday booked through TUI. As an apology for lost luggage during travel and unsatisfactory rooms, TUI’s resort staff offered a complimentary quad biking excursion, allegedly describing it as “suitable for beginners”.

Evidence from Tony and his family indicates that, in fact, the activity involved riding over steep, dusty, mountainous terrain, and that there was minimal instruction and very limited guidance from the guides running the trip.

Defective quadbike and lack of instruction

Tony’s claim, issued in the High Court in London, alleges that as he descended a volcanic trail down a mountain, he realised that his brakes were not working. As the quad bike gathered speed, he swerved to avoid colliding with one of his daughters who was riding ahead of him. In doing so, he struck a rock and was catapulted from the quad bike, hitting the hard ground. Tony severely fractured his right leg and sustained a head injury along with a shoulder injury.

Given the severity of his injuries, he was repatriated back to the UK where he underwent emergency surgery to save his leg. Tony’s travel insurance provider would not cover the cost of his medical treatment and repatriation, as quad biking is considered a “hazardous” activity not covered by the policy.

“I trusted the assurances that were given to us by the TUI representatives, that this was a safe and beginner friendly quadbike excursion, not the ‘four-hour adrenaline-fueled off-road adventure’ that I later learnt TUI were promoting it as.” Tony explains. “If I had experienced even a glimmer of doubt about the safety of the trip, I would never have put myself, my wife and two of my daughters at risk. I trusted the name TUI, and thought we were safe.”

Tony continues to be severely affected by his injuries. Although surgeons managed to save his right leg, he has significant ongoing pain and mobility difficulties which, along with PTSD sustained as a result of the crash, have affected his work.

Tony’s injury claim

Tony is taking legal action against TUI. His claim is led by Chris Deacon, partner in the International Injury team at Stewarts.

The claim argues that TUI misrepresented the nature of the excursion and that TUI did not disclose the excursion would, in fact, be provided by TUI’s local supplier. The claim alleges TUI is liable for the unsafe nature of the excursion, including an inappropriate route, lack of instruction and a defective quadbike.

TUI denies liability for the incident on the basis that the excursion was run by a local third-party supplier, and therefore legal responsibility for Tony’s injuries rests with TUI’s local supplier in Cape Verde. TUI also denies the excursion was unsafe and claims the quad bike was working properly.

Chris Deacon says: “Sadly, every year I see cases like Tony’s, of people sustaining serious, life-changing injuries on holiday excursions. One of the key factors that influences whether a person can bring a compensation claim for their injuries is how the excursion was 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”, continues Chris, “is that many travel insurance policies exclude high risk activities such as quad biking, parachuting, bungee jumping and certain watersports. Even if you have travel insurance, don’t assume it will cover you for everything.”

Tony’s claim has now received extensive media coverage including in BBC News, The Mirror, The Independent and the London Standard.

Staying safe when booking holiday excursions

As the summer holidays approach, Tony and his legal team are calling for greater transparency and safeguarding surrounding holiday excursions. They are urging travellers to ask key questions before booking any activities abroad:

• Is the activity run by the tour operator, or an external provider?
• What level of skill or experience is genuinely required?
• Is the activity covered by your travel insurance policy?
• Are appropriate safety measures in place, ie equipment, instructions and risk assessments (and is any risk assessment being followed)?
• What insurance does the local excursion provider have if things go wrong?
• Do you have the option to pay for the excursion by credit card? If so, do this for an additional layer of protection.

There are other key guidelines to be aware of to ensure you’re taking every precaution. As an expert in international injury, Chris Deacon has written guides for holidaymakers to help give people a better understanding of how to stay safe on adventure holidays.

Tony’s story serves as a reminder that even trusted holiday providers must be held to account when safety is compromised.

You can find further information regarding our expertise, experience and team on our International Injury page.

If you require assistance from our team, please contact us.

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