Company director who fractured ankle at ski resort expected travel company to 'babysit' him

Holidaymaker claimed he fell and dislocated his right ankle when he had to walk at night with his luggage on snow and ice covered streets at his ski resort to retrieve the key for his accommodation

A company director who slipped and fractured his ankle at the start of a ski holiday in France has agreed before the High Court the ski company was to babysit him on the trip.

Darren Clarke told the High Court he travels the world and has been lots of places and the holiday company “drops me to my door”. 

Mr Clarke, 43, has sued an Irish ski operator after he claimed he fell and dislocated his right ankle when he had to walk at night with his luggage on snow and ice covered streets at his ski resort in Chamonix, France, to retrieve the key for his accommodation.

He has already told the High Court he was pulling a suitcase on wheels and had two bags including one with his ski boots when the accident happened at about 10pm on a January night in 2016.

Counsel for the travel operator, Elaine Morgan SC, put it to Mr Clarke that the ski company was to babysit him on this trip which had cost him €1,500 for a week.

He replied yes and said it was important if you bring somebody somewhere to tell them where to go.

“We were left and had no map. It was dark, cold and wet,” he said.

He added: “ I was freaking out that we would be left homeless in the dark and in -18C . It was very worrying.” He said if a person came to Dublin from another country, he would give them a map and he wouldn’t “ kick them off at Heuston Station” and say go off on your own.

Mr Clarke, of Friarsland Avenue, Goatstown, Dublin, has sued Tony Collins Agency Limited with registered offices at Jervis House, Jervis Street, Dublin 1 and trading as Directski.com.

Mr Clarke had a booking dated January 20, 2016, for a package holiday with flights into Geneva, Switzerland and transfers to his accommodation in the Chamonix Valley, France as well as ski lift passes and equipment rental.

Could not access accommodation

He has claimed when he got the bus transfer to Chamonix he and his cousin were dropped off at a certain location and told their accommodation was “right over there”. He has claimed they could not access the accommodation and they had to walk to another address with their luggage to get reception and a key. It is alleged during the walk suddenly and without warning Mr Clarke slipped and fell on ice.

It is claimed there was an alleged failure to transfer Mr Clarke directly to his accommodation and the men had been dropped off at the incorrect location.

It was further claimed Mr Clarke had been allowed to walk at a time and place when it was unwise, unsafe or dangerous to do so given his absolute lack of knowledge of the location or directions to his accommodation.

Mr Clarke had to wear a leg cast and was on crutches after the accident and he has alleged he was greatly restricted in meeting and dealing with his customers and his business allegedly suffered a discernible reduction in turnover and consequent loss of profit for the year.

The claims are denied and the travel company has contended Mr Clarke was the author of his own misfortune, and was wearing inappropriate footwear.

In the second day of the case, counsel for the tour operator also put it to Mr Clarke, who has claimed over €100,000 in losses as a result of the accident, there was no detriment to his company as a result of the accident. Mr Clarke replied: “I disagree with you.” 

 Mr Clarke, who referred to his injury as “catastrophic” and “horrendous”, said he was wearing lace-up brown shoes with a rubber sole. Asked had his footwear something to do with the fall, he replied no.