Under these conditions, the failure or insolvency of a supplier will have the meaning prescribed in Regulation 23 of the ATOL 2012 Regulations, Where you have booked a Multi-Contract Package, although we still act as agent for the Supplier/Principal and your contract is with the Supplier/Principal, we will accept responsibility for the Travel Arrangements making up your Multi-Contract Package as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below. As such, we are responsible for the proper provision of all the Travel Arrangements included in the Multi-Contract Package as set out in your booking confirmation. Subject to these Booking Conditions, if we or the Supplier/Principals negligently perform or arrange 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 Holiday, 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: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your Multi-Contract Package. Please note that it is your responsibility to show that we or the Supplier/Principal(s) have been negligent if you wish to make a claim against us.
* We limit the amount of compensation we may have to pay you if we are found liable under this clause:
· (a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
· (b) Claims not falling under (a) above and 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.
* We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
*. the acts and/or omissions of the person affected; or
*. the acts and/or omissions of a third party unconnected with the provision of the Travel Arrangements contracted for and which were unavoidable and extraordinary; or
· (c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel: The extent of our liability will in all cases be limited as if we were carriers under the appropriate 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 arrangements). You can ask for copies of these Conventions from our offices. Please contact us. 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 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.
o in any circumstances in which a carrier is liable to you by virtue of Ec261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, 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.
o 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.
*We will not accept responsibility for services or facilities which were not included on your booking confirmation or where they are not advertised on our website.
*Where it is impossible for you to return to your departure point as per the agreed return date of your Multi-Contract Package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. we have been notified of these particular needs at least 48 hours before the start of your Multi-Contract Package. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
* It is a condition of our acceptance of liability under this clause that you notify any claim to us and the Supplier/Principal(s) strictly in accordance with the complaints procedure set out in these Booking Conditions
* Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us 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 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
· · relate to any business.
