(1) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description which results from:
a. the act(s) and/or omission(s) of the person(s) affected;
b. the act(s) and/or omission(s) of a third party not connected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
c. Force Majeure as defined in clause 9 above or unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
d. an event which either ourselves, our employees, agents or suppliers and subcontractors could not, even with all due care, have foreseen or forestalled.
In the event of (b), (c) and (d) above, we will nevertheless provide you with reasonable assistance should you require it but reserve the right to pass on any charges we incur.
(2) The services and facilities included in your Tour will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards or customary practice of the service or facility in question. The fact that services or facilities do not comply with local or UK guidance or advice shall not mean that the services or facilities in question have not been provided with reasonable skill and care.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause as follows:
a. loss of and/or damage to any luggage or personal possessions and money,
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 limited to the excess amount payable under the Insurance policy we offer per person affected. You are required to have taken out adequate insurance at the time of booking.
b. Claims not falling under (a) above or involving injury, illness or death
The maximum amount we will have to pay you in respect of these claims is twice 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 proves you have not received any benefit at all from your booking.
c. 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 to the same extent as if we were carriers under the appropriate Conventions, Directives and Regulations, which include but are not limited to 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 arrangements). You can ask for copies of these Conventions from our offices or obtain them on the Internet. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' are incorporated into this contract and 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 and agree that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract 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 contract.
ii. In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, reimbursement, in such cases, is the responsibility of the airline and will not automatically entitle you to a refund of your tour cost from us. If any payments to you are due from us, any payment to you by the airline will be deducted from this amount.
iii. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from any supplier or the transport provider or hotelier for the complaint or claim in question.
(4) It is a pre-condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in clause 10 of these conditions failing which no payment will be made.
(5) Where any payment is made, that 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.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description 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 any business losses.
(7) We will not accept responsibility for services or facilities which do not form part of our contractual agreement as set out in our confirmation invoice. For example any excursion you book, or any service or facility which your hotel or any other supplier agrees to provide for you.