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

BBC News

time13-07-2025

  • 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.

Brit tourist given quadbike trip as hotel room stinks - but suffers horror crash
Brit tourist given quadbike trip as hotel room stinks - but suffers horror crash

Daily Mirror

time11-07-2025

  • Daily Mirror

Brit tourist given quadbike trip as hotel room stinks - but suffers horror crash

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 in Sal, Cape Verde A free quadbiking trip ended in carnage after a Brit holidaymaker crashed the vehicle - leaving him with life-changing injuries. Tony Holliday, 57, had been offered the trip free of charge after his luggage went missing and the two hotel rooms he booked in Sal, Cape Verde stank of sewage. The family accepted the complimentary trip after resort staff assured them it was "suitable for beginners" and provided by a reputable company. ‌ However, they claim the gentle ride they were expected involved riding over steep and dusty mountainous terrain with very little instructions or guidance. It wasn't until Tony was on the descent down a volcanic trail that he noticed his brakes had stopped working, causing him to lose control and smash into a rock catapulting him into the air. ‌ The dad of three suffered a severely fractured right leg and sustained a head injury along with a shoulder injury - he also now suffers from PTSD. Tony is now taking legal action claiming the holiday company misrepresented the excursion and did not disclose the trip would, in fact, be provided by their local supplier. ‌ Tony, from Cockermouth, in Cumbria, said: 'I trusted the assurances that were given to us by the holiday firm representatives, that this was a safe and beginner friendly quadbike excursion, not the 'four-hour adrenaline-fueled off-road adventure' that I later learnt was being promoted.' "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 company and thought we were safe.' ‌ Tony, a property developer, travelled with his wife Bev and two daughters Keeley and Rhianna to the stunning island in March 2023. He has told how the trip got off to a disappointing start after the family's luggage got lost at the airport and their allocated hotel rooms smelled strongly of sewage. That's when resort staff offered the family the complimentary quad biking excursion which ended with Tony suffering horrific injuries. The dad was repatriated back to the UK where he underwent emergency surgery which saved his leg. ‌ The injuries have significantly impacted his life - he has ongoing pain and mobility difficulties which has affected his work as he is no longer able to do the heavy jobs. Following the crash Tony's travel insurance provider would not cover the cost of his medical treatment and repatriation, as quadbiking is considered a 'hazardous' activity. Tony is now taking legal action supported by international injury lawyer Chris Deacon from the law firm, Stewarts. Stewarts' claim argues the company misrepresented the nature of the excursion and did not disclose the excursion would, in fact, be provided by a local supplier. Their claim alleges the holiday company is liable for the unsafe nature of the excursion, including an inappropriate route, lack of instruction and a defective quadbike. ‌ Chris Deacon 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 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.' Chris also claims that tour operators are profiting significantly from these activities and should take greater precautions in ensuring the welfare of the customers they are selling them to.

Air India's behaviour towards bereaved families ‘outrageous', says lawyer
Air India's behaviour towards bereaved families ‘outrageous', says lawyer

The Guardian

time04-07-2025

  • The Guardian

Air India's behaviour towards bereaved families ‘outrageous', says lawyer

The lawyer representing families whose loved ones died in the Air India flight 171 crash has said he is 'angered and appalled' by the airline's 'ethically outrageous' behaviour towards bereaved relatives. Air India said the claims, which they take 'incredibly seriously', are 'unsubstantiated and inaccurate'. Peter Neenan, an aviation lawyer and partner at UK law firm Stewarts, has represented families in a number of large airline disasters around the world, including the high-profile MH17 and MH370 crashes. He claimed the airline's treatment of grief-stricken families could save it at least £100m by under-compensating families. 'This is the real horror of what they're potentially looking to do,' he said, calling for an investigation into the airline's behaviour. Neenan said that relatives arriving to identify their loved ones' remains in the days after the crash on 12 June were put in a 'small, crowded room' in the intense heat with other bereaved families, and told to fill out documentation and a complicated questionnaire asking for important financial information. The families were not given any warning, legal advice or a copy of the documents, he said. Some families have told him that Air India officials went round to their homes and asked why they had not yet completed the forms. Neenan claimed families were falsely told they would not receive any payments unless they completed the forms, even though airlines are required under international law to make immediate advance payments to families entitled to compensation. Families are not required to do anything more than provide proof of identity and sign a receipt. One relative, whose mother was killed in the crash, said: 'The conditions where they asked us to complete the questionnaire were unacceptable, in a crowded hot corridor with unsuitable chairs and desks. There was no privacy whatsoever. 'They asked us for information about dependency but there was no specifics about what they meant by that, whether financial or otherwise. I felt pressure at the time under extremely distressing circumstances following such a catastrophic loss. 'Air India should have done this in a more professional and compassionate manner and asked all families to seek legal advice before proceeding. However, it was implied that if we did not complete the questionnaire and submit documents then no compensation would be paid.' Air India has said they take 'such accusations incredibly seriously' because the 'support and welfare of the families impacted by this tragic incident is our number one priority'. A spokesperson said the airline 'sought to make the questionnaire as simple as possible to ensure compensation goes to the right person as swiftly and smoothly as possible'. 'We are doing everything we possibly can to ensure that compensation is provided as quickly and smoothly as possible to families at what is an impossibly difficult time for them,' they added. 'Understandably, there are some formal processes that must be followed but we are giving families all the time and flexibility they need and we want to support however we can.' The spokesperson said Air India had been making 'considerable efforts to process payment of interim compensation as soon as possible, in order to meet the immediate financial needs of affected family members, with the first payments having been made within days of the accident'. To date, Air India has released interim compensation to 47 families, they said, with a further 55 payments shortly to be released. Sign up to Headlines UK Get the day's headlines and highlights emailed direct to you every morning after newsletter promotion 'In order to facilitate payments, Air India has sought basic information to establish family relationships to ensure that the advance payments are received by those entitled to them. Family members have been issued with a questionnaire to allow Air India to gather the information required to process compensation payments. 'Air India has certainly not made any unsolicited visits to families' homes.' In addition, the spokesperson said: 'Air India provided dedicated support staff to every family. These liaison officers were able to support on any number of things from accommodation, transport, funeral arrangements or any logistics.' But Neenan said: 'The repeated story that we have heard from our clients is that families have been told by Air India that they have to complete a questionnaire to get the advance payment, forcing them to fill out this questionnaire in appalling conditions: small, crowded rooms, in intense heat with no guidance on the terms and questions within the questionnaire. 'Our clients have shown us the questionnaire. It demands legally significant information using terms which have a legal definition which is not being told to families. 'The forms say that Air India will use the information given to calculate compensation. They ask for apparently straightforward information but using terms that are actually very legally charged and contain a lot of nuance that you need legal training before being able to understand. 'There is no question that the information being asked for could be used against families by Air India in the future,' he said. 'There are two scenarios that will come out of families filling out these forms: either families get lawyers like me involved afterwards, and then we have to argue in court that the relative filled out the form without understanding the terms, and hope the judge agrees with us. 'Or, which is even worse, the airline calculates compensation using information on the form, the family don't get legal representation, and accept what I guarantee will be a significantly lower level of compensation – and that could be millions of pounds less than they are entitled to.' 'We are advising our clients not to complete this form and to seek specialist legal advice,' he added. 'We are shocked and appalled that Air India is seeking this information from families when they are at their most vulnerable. They should feel ashamed.'

Air India Denies Allegations Of Forcing AI 171 Crash Victims' Families To Disclose Financial Dependency
Air India Denies Allegations Of Forcing AI 171 Crash Victims' Families To Disclose Financial Dependency

India.com

time04-07-2025

  • Business
  • India.com

Air India Denies Allegations Of Forcing AI 171 Crash Victims' Families To Disclose Financial Dependency

New Delhi: Air India has denied allegations from British law firm Stewarts Law that it forced families of the AI 171 crash victims to disclose financial dependency on the deceased to get compensation. Over 40 families represented by Stewarts Law have accused the airline of coercion and intimidation as they pursue claims related to the crash of the London-bound Boeing plane crash at Ahmedabad in which over 241 passengers and crew were killed. "Air India categorically rejects these allegations and refutes them as both unsubstantiated and inaccurate," the Tata Group airline said in a statement. The airline clarified that a questionnaire circulated among certain passengers was intended solely to verify familial relationships, ensuring the rightful distribution of interim payments. 'Understandably, there are some formal processes that must be followed, but we are giving families all the time and flexibility they need. We want to support however we can,' Air India said in a statement. "In order to facilitate payments, Air India has sought basic information to establish family relationships to ensure that the advance payments are received by those entitled to them. Family members have been issued with a questionnaire to allow Air India to gather the information required to process compensation payments. This can be submitted in person at our Facilitation Centre at the Taj Skyline hotel in Ahmedabad, or by e-mail, and families have been given time and flexibility to complete these. Air India has certainly not made any unsolicited visits to families' homes," Air India said. Air India executives said that an interim compensation of Rs 25 lakh has been paid to 47 families, while interim compensation for another 55 families is in process and will be disbursed soon. UK-based law firm Stewarts, which is representing over 40 bereaved families, has alleged that Air India has been 'coercing' families into submitting legally significant financial disclosures before receiving advance compensation. "This tactic has deeply distressed families already dealing with an immense loss," the firm said. The allegations come weeks after the June 12 disaster, in which 241 people on board and many on the ground died when the plane crashed into a medical college hostel seconds after take-off from the Ahmedabad airport. Peter Neenan, an aviation lawyer and partner at UK law firm Stewarts, has represented families in a number of large airline disasters around the world, including the high-profile MH17 and MH370 crashes. He claimed the airline's treatment of grief-stricken families could save it at least £100m by under-compensating families. 'This is the real horror of what they're potentially looking to do,' he said, calling for an investigation into the airline's behaviour. Neenan said the families were not given any warning, legal advice, or a copy of the documents. Some families have told him that Air India officials went round to their homes and asked why they had not yet completed the forms, he added. Neenan claimed families were falsely told they would not receive any payments unless they completed the forms, even though airlines are required under international law to make immediate advance payments to families entitled to compensation. Families are not required to do anything more than provide proof of identity and sign a receipt.

Families of Air India crash victims allege compensation coercion, airline denies
Families of Air India crash victims allege compensation coercion, airline denies

First Post

time04-07-2025

  • Business
  • First Post

Families of Air India crash victims allege compensation coercion, airline denies

Victims' families have claimed they were coerced by Air India into signing documents detailing their financial dependency on the deceased, seemingly to reduce compensation amounts read more Debris of an Air India plane that crashed moments after taking off from the Ahmedabad airport. Pic/PTI Weeks after the Air India Flight 171 crash in Ahmedabad claimed 241 lives, the families of the victims have accused the airline of pressuring them during the initial compensation process. They allege Air India threatened 'no compensation' if they did not complete a company-provided questionnaire. Families also claim they were coerced into signing documents detailing their financial dependency on the deceased, seemingly to reduce compensation amounts. In response, Air India has dismissed these allegations as 'unsubstantiated and inaccurate.' STORY CONTINUES BELOW THIS AD The crash occurred shortly after the Boeing 787-8 Dreamliner took off from Ahmedabad en route to London, killing all but one of the 242 passengers and crew members on board. UK-based law firm levels serious allegations Stewarts, a UK-based law firm, has been retained by families of over 40 passengers from the UK and India. Partnering with Ahmedabad-based firm Nanavati and Nanavati, Stewarts is assisting Indian families in pursuing claims against Air India, Boeing, and other potentially liable parties, according to an official. In a statement, Stewarts reported that Air India required families to complete a questionnaire to receive an advance payment, forcing them to fill it out in intense heat without guidance on its legal terms and questions. The firm further stated that Air India has been pressuring families to complete the questionnaire, threatening to withhold compensation if they fail to comply. The questionnaire, reportedly necessary for an advance payment, includes legal terminology that the airline allegedly failed to explain, raising concerns that it could be used to minimise future compensation. 'Our clients have shown us the questionnaire. It demands legally significant information using terms with a legal definition which is not being told to families. The information being asked could be used against families by Air India in the future, even though few families will understand how the questions should be interpreted or the test that should be applied for each of the terms used," the firm said. STORY CONTINUES BELOW THIS AD The firm said that they have advised their clients (victim families) not to complete the form, as the company will seek payment for them. 'We are shocked and appalled that Air India is pressurising families for this information when they are at their most vulnerable," the statement said. Air India responds Air India, in its defence, has said it sought only 'basic information' from the families to establish relationships so that compensation is issued to those who are entitled. The airline explained that the question about financial dependency on the deceased was included as a 'fair and necessary' measure to prioritise and process payments for those most in need of assistance. Air India categorically rejects these allegations and refutes them as both unsubstantiated and inaccurate. Air India has been making considerable efforts to process payment of interim compensation (also referred to as advance compensation) as soon as possible, in order to meet the immediate financial needs of affected family members, with the first payments having been made within days of the accident. However, Air India cannot process these payments in an information vacuum. In order to facilitate payments, Air India has sought basic information to establish family relationships to ensure that the advance payments are received by those entitled to them. Whilst the questionnaire does ask family members to indicate with a 'yes" or 'no" as to whether they are 'financially dependent" on the deceased, Air India believes this is an entirely fair and necessary question in order for us to process payments to those most in need of assistance," the Air India statement said. STORY CONTINUES BELOW THIS AD It said that the families can respond to the questionnaire during their physical presence at the centre established in Ahmedabad or by email. 'Starting 15 June, Air India established a Facilitation Centre at the Taj Skyline hotel in Ahmedabad, where the questionnaire relating to interim compensation is available. In addition, families were sent communications informing them that the questionnaire is also available over e-mail, in the event families do not wish to make a visit to the Centre. Air India staff are present at the Centre to explain the elements of the questionnaire to family members. There is no requirement for family members to complete the questionnaire at the Centre, and several families have chosen to complete the questionnaire at their convenience and submit it over e-mail. Those families who chose to complete the questionnaire at the Centre were provided with copies of their submissions at their request. In addition to being able to ask questions of the Air India staff at the Centre, families are, of course, free to seek legal advice should they wish to do so," the statement said. STORY CONTINUES BELOW THIS AD

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