British travel company sued for £12m by holidaymaker over Cambodian river boat near death experience

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A British adventure holidays company is being sued for a massive £12m by one of its customers after she was trapped in a capsized river boat in Cambodia and “drowned”.

Transforma Travel Group – set up by British backpacker Ramsey Kerr after being inspired during his gap year in south east Asia – is facing a £12m lawsuit from German government worker Annika Kreten, 39, after a boat she was travelling on capsized during a “sunset BBQ cruise” on the River Kampot in Cambodia in November 2022, leading to “multiple casualties”.

Lawyers say she was trapped inside the two storey boat, passed out and suffered “drowning” injuries when her lungs filled with water after it shipped water and overbalanced whilst passengers were climbing on the roof in order to jump off and swim in the river.

She is now suing the London-based travel company, claiming her life has been ruined by her near death experience, leaving her unable to work or live independently.

Lawyers for the tour operator have admitted full liability for the accident, but are disputing the extent of her injuries and the massive amount of damages claimed.

Papers submitted to London’s High Court set out how Ms Kreten had embarked on one of the travel company’s 31-day “Dragon Trip” south east Asia adventures in November 2022 when the near-fatal accident took place.

The trip costs around £2,000 for a basic package and promises “adventurous, authentic, and affordable backpacking tours across Asia,” taking in Thailand, Laos, Vietnam and Cambodia.

Shropshire based Ramsey Kerr, 38, founded the company in 2011 after backpacking in China during his gap year. Its online publicity material states:

“At The Dragon Trip, we’re all about diving into new adventures with an open mind. From immersing ourselves in new cultures to making friends from around the globe – we ensure our travellers are experiencing life to the fullest.

“We provide budget-friendly group tours …taking travellers off-the-beaten-track to the places harder to travel solo, to experience life like a local.

“Our trips create memories that last a lifetime.

“Our goal to create unforgettable travel experiences.”

Explaining the claim, Ms Kreten’s court papers state: “On 28th November 2022, in the course of the package tour, the claimant was a passenger on a riverboat excursion on the River Kampot in Cambodia. During the excursion, water entered the boat causing it to capsize.

“The claimant was struck by various items of unsecured furniture and became trapped beneath the same as the boat sank causing her to drown and sustain the severe and traumatic injuries.”

Expanding on the circumstances of the accident in a press release, Ms Kreten’s solicitors, Stewarts, say she had “booked one of Dragon Trip’s month-long package tours to Southeast Asia beginning on 7 November 2022. The package holiday included accommodation and various activities and excursions, notably a boat trip on the River Kampot in Cambodia.

“On 28 November 2022 she arrived at the Arcadia Backpackers hostel in Kampot, Cambodia, along with other travellers on the package tour. After their arrival, they were directed to a boat for a sunset BBQ cruise down the River Kampot.

“The boat had first and second floors, and our client alleges that the second floor appeared to have been added to the boat post-manufacture. Her case is that the boat’s condition, combined with being over an acceptable capacity in passenger numbers, meant it was unstable and liable to capsize.

“During the excursion, the boat stopped to let the passengers swim in the river, with many jumping from the upper deck into the water. Evidence suggests that the crew instructed passengers to stay on the right-hand side of the boat when jumping into the water. The boat began to take on water and capsized. Her case is that the capsizing was due to the instability caused by the extra weight and the poor maintenance, upkeep and design of the boat.

“During the capsizing, she fell backwards onto a chair and was hit by other equipment not fixed to the boat. She was then dragged into the water by the sinking boat.”

Ms Kreten “became trapped by items of furniture on the boat that were not fixed down” and “lost consciousness and was pulled from the water by fellow passengers before being taken to a nearby village to receive first aid,” then onward to a local hospital, the lawyers say.

The court papers go on to say that Transforma Travel Group ltd made a full admission of liability for the boat accident in June 2024 under UK law governing package holidays.

Setting out the impact on Ms Kreten, they add that prior to the accident she “had suffered from an episode of depression and was psychiatrically vulnerable.

“As a result of the accident, in the course of which she believed she was going to die, she suffered complex and distressing physical and neuropsychiatric injuries which have had profound impact on her wellbeing and functioning.

“In particular concussive head injury and a symptomatic (possible) brain injury, soft tissue injuries to the neck and back which have since become deconditioned, severe PTSD, depression and anxiety (and) a chronic functional neurological disorder

“The impact of these injuries has been severe.

“Ms Kreten has not functioned normally ever since the accident and has been unable to work. She continues to suffer from global weakness, pain, headaches, dizziness and nausea triggered by changes in posture, poor balance and clumsiness, poor sleep and fatigue, poor memory and concentration, and feelings of hopelessness. She remains unfit for work – she has been awarded a full disability pension…has lost her independence and needs support with some of her activities of daily living. She has recently obtained a therapy/PTSD assistance dog.

“Attempts at treating her PTSD have to date retraumatised her…focusing on breathing, for example, reminded her of drowning,” the documents state.

She has been unable to return to her administrative job with a government employment and education body and cannot now enjoy her former hobbies of travelling internationally, horse riding and going to music concerts, her lawyers added outside court.

However In the travel company’s defence to the action, its barrister Lucy Wyles KC states: “The alleged injuries are disputed and causation of the alleged, if any, injuries is not admitted.

“The defendant does not agree the medical evidence ….but intends to obtain its own expert medical evidence.”

In a statement given through her lawyers in 2024, Ms Kreten said: “It is hard to describe in words how traumatic this incident was for me and what huge influence it still has on my life. I had to fight against death, and experienced how scary it feels to die. Now I must fight against all the problems that occurred from this….Apart from my injuries and memories, this is like another never-ending nightmare.”

The case raeched court this week for a brief hearing before Deputy Master Alexandra Marzec, during which Ms Kreten’s barrister Alex Carrington and Ms Wyles argued about arrangements for evidence and expert witnesses at the trial of the case.

The full nine-day hearing of the case is not expected to reach court until late 2027 or 2028.

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