A father-of-three who suffered life-changing injuries in a horror quad bike crash is suing holiday provider Tui for more than £500,000.
Tony Holliday, from Cumbria, says he is no longer 'the same person that he was' after his terrifying experience in Cape Verde during an excursion in March 2023.
The 57-year-old was enjoying a holiday on the island off the coast of West Africa with his wife, Bev, and two of his daughters, Keeley and Rhianna, when horror struck.
He was forced to undergo two gruelling surgeries after fracturing his right leg and suffering head, shoulder and hand injuries when he was flung from the ATV while descending a mountain on a volcanic trail.
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The property developer, who was an 'avid' runner prior to the incident, explained that he only went on the fateful excursion because Tui had offered it to him as compensation for losing his luggage and putting him in a 'smelly' hotel room.
Now, he's launched legal proceedings against Tui UK - claiming that the activity was misrepresented as suitable for beginners and came without adequate safety instructions. He 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, PA reports.
Speaking of the impact the crash has had on his life, Tony - who now suffers from post-traumatic stress disorder and lives with 'unbearable' pain - 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. It’s turned our lives upside down, really."
Tony and his family had flown out to the island of Sal in Cape Verde on 1 March, 2023, for a week-long break which set them back £4,166.
But when they arrived, the brood were informed their luggage had been misplaced, according to court documents filed by law firm Stewarts, which is representing the Brit dad.
Their bags were later found, however, Tony then checked into his hotel rooms to find that they 'smelled very strongly of sewage', and so they were offered replacement rooms.
According to the holidaymaker's legal claim, Tui representatives then also offered the family a free excursion to compensate for the issues and recommended quad biking, allegedly telling them this was 'suitable for total beginners'.
So, 'in reliance on this representation' Tony, his wife and his two daughters booked onto a two-hour trip which took place on 6 March that year.
The excursion was advertised online as an 'off-road adventure', an 'action-packed excursion', and 'four adrenaline-pumping hours' on 'very powerful machines', the dad claims.
Although the family say they were under the illusion that the excursion was provided by Tui, they later found out it was organised by a local provider - but Tony claims he only joined the excursion as he trusted the Tui brand.
Tony claims that before hopping onto the ATVs, the foursome 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 the dad alleges that they received no other instructions and were not offered a test drive.
Tony and his loved ones ascended a mountain on a volcanic trail, before heading back down - but the bikes lost grip, and Tony says he then realised his brakes did not work.
He ended up swerving to avoid striking a quad bike which was being ridden by one of his daughters, but collided with rocks and was catapulted from the all-terrain vehicle.
Tony suffered a myriad of serious injuries but returned to the UK the next day, where he then underwent two surgeries - but his insurance provider did not cover the cost of his medical treatment and repatriation, as quad biking is considered a hazardous activity.
The legal firm representing Tony says that the accident was a result of the route being 'unsuitable for beginners', the family being given 'wholly inadequate instruction', and the quad bike being 'defective'.
"I just want this to stop," Tony said. "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."
Although UK medics managed to save his right leg, the property developer continues to experience pain and discomfort, while he occasionally needs to rely on crutches.
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."
Olivia Burke