The Company applies all reasonable checks to ensure that those
involved in the preparation and provision of your holiday maintain
the appropriate standards. The Company accepts responsibility
should you suffer loss as a result of any failure by the company,
its employees, agents, subcontractors or suppliers to perform its
contract with you in accordance with these terms or as otherwise
required by law, or improper performance of that contract.
Notwithstanding the above, and save in the case of death or
personal injury arising from the Company's negligence, the Company
does not accept responsibility where the failure to perform or
improper performance: is attributable to your own acts or
omissions; is attributable to a third party unconnected with the
provision of the services contracted for and is unforeseeable or
unavoidable; is due to Force Majeure; is due to unusual and
unforeseeable circumstances beyond the control of the Company the
consequences of which could not have been avoided even if all due
care had been exercised; or is due to an event which the Company,
its employees, agents, suppliers and subcontractors could not, even
with all due care, have foreseen or forestalled. Where legal action
against any party (other than the Company) connected with your
holiday is contemplated by you, you must notify us in writing of
such intention prior to the commencement of proceedings.
All responsibilities and obligations in respect of carriage by
air and sea are limited in the manner provided in the relevant
International Conventions. Copies of the relevant International
Conventions and the Conditions of Carriage are available on request
from this office. Except to the extent that these terms
expressly provide to the contrary, any other liability under this
clause or in respect of the contract or the holiday generally,
other than in relation to fraud or death or personal injury caused
by the Company's negligence shall be limited to the lesser of the
actual loss suffered by the relevant person or the amount of
insurance cover effected by the Company (if any) which is actually
available to the Company to meet the claim or the price paid by the
affected person for his/her holiday. For the avoidance of
doubt, if there is no insurance available to meet the claim the
Company's liability shall be the lesser of the relevant person's
actual loss or the price paid by the affected person for his or her
holiday.