If the contract we have with you is not performed or is improperly performed by us, or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of your travel arrangements.
Our liability will also be limited in accordance with and/or in an identical manner to a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/ or compensation from us is set out in clause 5. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. We will not, however, be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: a) the fault of the person(s) affected or any member(s) of their party or b) the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or c) an event or circumstances which we or the supplier of the service(s) in question, could not have predicted or avoid even after taking all reasonable care. d) the fault of anyone who was not carrying out work for us generally or in particular, at the time. In addition, we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your holiday or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business. The promises we made to you about the services we have agreed to provide or arrange as part of your contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. You must provide ourselves, and our insurers with all assistance we may reasonably require. You must also tell us, and the supplier concerned about your claim or complaint as set out below. If asked to do so, you must transfer to us, or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us, and our insurers if we or our insurers want to enforce any rights which are transferred.