10. Our Liability
i. We promise to make sure that the holiday arrangements we have
agreed to make, perform or provide as applicable as part of our contract with
you are made, performed or provided with reasonable skill and care. This means
that, subject to these booking conditions, we will accept responsibility if,
for example, you suffer death or personal injury or your contracted holiday
arrangements are not provided as promised or prove deficient as a result of the
failure of ourselves, our employees, agents or suppliers to use reasonable
skill and care in making, performing or providing, as applicable, your
contracted holiday arrangements. Please note it is your responsibility to show
that reasonable skill and care has not been used if you wish to make a claim
against us. In addition, we will only be responsible for what our employees,
agents and suppliers do or do not do if they were at the time acting within the
course of their employment (for employees) or carrying out work we had asked
them to do (for agents and suppliers).
ii. We will not 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: -
-
the act(s) and/or omission(s) of the person(s) affected or any member(s) of
their party or
-
the act(s) and/or omission(s) of a third party not connected with the provision
of your holiday and which were unforeseeable or unavoidable or
-
'force majeure' as defined in clause 7 above
iii. Please note, we cannot accept responsibility for any
services which do not form part of our contract. This includes, for example,
any additional services or facilities which your villa owner or any other
supplier agrees to provide for you where the services or facilities are not
advertised in our brochure and we have not agreed to arrange them and any
excursion you purchase in resort. In addition, regardless of any wording used
by us on our website, in any of our brochures or elsewhere, we only promise to
use reasonable skill and care as set out above and we do not have any greater
or different liability to you.
iv. The promises we make to you about the services we have
agreed to provide or arrange as part of our 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. If the particular services which gave rise to the claim or
complaint complied with local laws and regulations applicable to those services
at the time, the services will be treated as having 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 . The exception to this is where the claim or complaint concerns the
absence of a safety feature which might lead a reasonable holiday maker to
refuse to take the holiday in question.
v. As set out in these booking conditions we
limit the maximum amount we may have to pay you for any claims you may make
against us.
Where we are found liable for loss of and/or damage to any
luggage or personal possessions (including money), the maximum amount we will
have to pay you is £250 per person affected unless a lower limitation applies
to your claim under this clause or clause 10(vi) below.
For all other claims which do not involve death or personal
injury, if we are found liable to you on any basis the maximum amount we will
have to pay you is twice the price (excluding insurance premiums and amendment
charges) paid by or on behalf of the person(s) affected in total unless a lower
limitation applies to your claim under clause 10 (vi) below. This maximum
amount will only be payable where everything has gone wrong and you have not
received any benefit at all from your holiday.
vi. Where any claim or part of a claim concerns or is based on
any travel arrangements which form part of your contract with us (including the
process of getting on and/or off the transport concerned) provided by any air,
sea, rail or road carrier or any stay in a hotel, the maximum amount of
compensation we will have to pay you will be limited. The most we will have to
pay you for that claim or that part of a claim if we are found liable to you on
any basis is the most the carrier or hotel keeper concerned would have to pay
under the international convention or regulation which applies to the travel
arrangements or hotel stay in question (e.g. the Warsaw Convention as amended
or unamended and the Montreal Convention for international travel by air and/or
for airlines with an operating licence granted by an EU country, the EC
Regulation on Air Carrier Liability No 889/2002 for national and international
travel by air). Where a carrier or hotel would not be obliged to make any
payment to you under the applicable International Convention or Regulation in
respect of a claim or part of a claim, we similarly are not obliged to make a
payment to you for that claim or part of the claim. 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. Copies of applicable International Conventions and Regulations
available on request.
vii. Please note, we cannot accept any liability for any damage,
loss, expense or other sum(s) of any description (1) 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 if we breached our
contract with you or (2) which did not result from any breach of contract or
other fault by ourselves or our employees or, where we are responsible for
them, our suppliers. Additionally we cannot accept liability for any business
losses.
viii. 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 in clause 9 above. 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.
|