Liability as organiser: Where you have booked a package where we are acting as organiser under the Package Travel Regulations, although we still act as agent for the supplier/principals of your chosen travel arrangements and your contracts will be with the supplier/principals, we will accept responsibility for the travel arrangements making up your package as an “organiser” under the Package Travel Regulations as set out below. As such, we are responsible to properly provide all of the travel services included in your Package, as set out in your booking confirmation. Subject to these Booking Conditions, if we (or the supplier/principals) have failed to perform or has improperly performed those travel arrangements and we don’t remedy or resolve your complaint within a reasonable period of time and this has affected the enjoyment of your Package, you may be entitled to an appropriate price reduction or compensation or both. The level of such compensation will be calculated taking into consideration all relevant factors such as (but not limited to): you having followed the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or the supplier/principal’s negligence affected the overall enjoyment of your Package. Please note that it is your responsibility to show that we or the Supplier/Principals have failed to perform or improperly performed your Package if you wish to make a claim against us.
We will not be responsible or pay you any compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if (and to the extent that) it results from:
• a. an act(s) and/or omission(s) of the person(s) affected; or
• b. an act(s) and/or omission(s) of a third party unconnected with the provision of the services forming part of your Package and which were unavoidable and extraordinary; or
• c. due to Unavoidable and Extraordinary circumstances (as defined in Clause 14).
Limits on liability: If we are found liable under this clause and/or the Package Travel Regulations, we will limit the amount of compensation we may have to pay you as follows:
• a. Claims which don’t involve injury, illness or death. The maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
• b. Claims in respect of international travel by air, sea and rail, or any stay in a hotel.
• i. The extent of our liability will in all cases be limited as if we were carriers under the applicable international conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel accommodation). You can ask for copies of these Conventions from our offices.
• ii. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your Package booking with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this Package booking.
• iii. In any circumstances in which an airline is liable to you by virtue of the EC Regulation 261/2004 (regarding denied boarding, cancellations and long delays), any liability we may have to you arising out of your Package booking, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
• iv. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
• 2. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our Supplier/Principal(s) strictly in accordance with the complaints procedure set out in these conditions.
• 3. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
Please note, we do not accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which, on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur; or (b) which relates to any business.
We do not accept responsibility for services or facilities which were not included on your booking confirmation or where they are not advertised in our brochure / on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
Where it is impossible for you to return safely to your departure point as per the agreed return date of your Package, due to Unavoidable and Extraordinary Circumstances (see Clause 14 for definition), we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Package.