Common use of Our Liability to You Clause in Contracts

Our Liability to You. 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 travel 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 and/or services 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. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our office. 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 6 and 7. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount.

Appears in 4 contracts

Sources: Booking Terms & Conditions, Booking Terms & Conditions, Holiday Contract

Our Liability to You. If 15.1 To the contract fullest extent of the law we have make no warranties or representations, either expressed or implied, and expressly disclaim any and all liabilities (including for consequential damages) with you is not performed respect to type, quality, standard, fitness or is improperly performed by us suitability for any purpose of rewards provided under the program. Warranty claims should be directed to the manufacturer or our suppliers service provider in accordance with their warranty information (if applicable) and we will pay provide you appropriate compensation if with such proof of purchase information as reasonably available to allow you to pursue such claims. Where we supply goods or services to you as a consumer as defined in the Competition and Consumer Act 2010 (‘the Act’), then nothing in this has affected clause excludes, restricts or modifies any liability, right or remedy imposed or conferred by the enjoyment Act. However, to the extent permitted by the Act, our liability is limited (at our option) to supplying the goods or services again or paying the equivalent cost of your supplying the goods or services again. 15.2 Where points are used for travel arrangementsbookings with an American Express partner you acknowledge that such travel bookings are supplied by third parties and not American Express. However Upon redeeming points for a travel booking with an American Express travel partner, you agree to release us, our subsidiaries and affiliates from any and all liability in respect of the redemption or use of such reward or other participation in the program. We will bear no responsibility for resolving any dispute between you and the travel partner. 15.3 Where points are used for travel bookings with American Express Travel & Lifestyle Services we act as agent for the supplier or service provider (such as an airline) in booking or arranging all transport, sightseeing, hotel accommodation and other travel-related services for you. We do not own, manage, control or operate any supplier of services, and all coupons, receipts and tickets that you are issued with will be subject to the terms and conditions specified by the supplier of that coupon, receipt or ticket. By accepting the coupons and tickets and utilising the services, you agree that we shall not be liable where for any failure loss, injury or damages to you or your belongings or in the performance of the contract is due to: you; connection with any accommodation, transport or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable other services or unavoidable; resulting directly or unusual and unforeseeable circumstances indirectly from occurrences 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 suppliersincluding breakdown in equipment, even with all due carestrikes, 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 and/or services 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, injurytheft, delay to passengers or cancellation or change in itinerary or schedule, etc. Also remember that travel documents, if necessary, and losscompliance with customs regulations, damage and delay to luggage. We if applicable, are to be regarded as having all benefit your responsibility. 15.4 Once we have transferred points following your instructions we assume no responsibility for points redeemed from a program account into a frequent traveller program or for the actions of any limitation of compensation contained airline and/or hotel in these connection with its frequent traveller program or any conventions. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our office. 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 6 and 7. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amountotherwise.

Appears in 3 contracts

Sources: Membership Rewards Terms and Conditions, Membership Rewards Terms and Conditions, Membership Rewards Terms and Conditions

Our Liability to You. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the contract we have with you is travel services included in your package are not performed in accordance with the contract, or is are improperly performed performed, by us or our suppliers we will pay you appropriate compensation if the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. However we We will not be liable where any failure in the to perform or improper performance of the contract travel services is due to: youyou or another member of your party; or a third party unconnected with the provision of the travel arrangements services in the package and where the failure is unforeseeable or unavoidable; or unusual unavoidable and unforeseeable circumstances extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all due care reasonable measures had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestalltaken. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to (to a) The contractual terms of the companies that provide the transportation and/or travel services for that make up your travel arrangementspackage. These terms are incorporated into this contractbooking; and (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 and conditions under which compensation that you can claim be claimed 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 the extent of or the conditions under which compensation contained in is to be paid under these or any conventions. You can ask for copies of the transport companies' travel service contractual terms, or the international conventions, from our officeus. Under EU law (Regulation 261/2004) 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 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 6 and 7these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted from deducted. If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your tour. NB this amountentire clause 10 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.

Appears in 2 contracts

Sources: Booking Agreement, Travel Contract

Our Liability to You. If 15.1 To the contract fullest extent of the law we have make no warranties or representations, either expressed or implied, and expressly disclaim any and all liabilities (including for consequential damages) with you is not performed respect to type, quality, standard, fitness or is improperly performed by us suitability for any purpose of rewards provided under the program. Warranty claims should be directed to the manufacturer or our suppliers service provider in accordance with their warranty information (if applicable) and we will pay provide you appropriate compensation if with such proof of purchase information as reasonably available to allow you to pursue such claims. Where we supply goods or services to you as a consumer as defined in the Competition and Consumer Act 2010 (‘the Act’), then nothing in this has affected clause excludes, restricts or modifies any liability, right or remedy imposed or conferred by the enjoyment Act. However, to the extent permitted by the Act, our liability is limited (at our option) to supplying the goods or services again or paying the equivalent cost of your supplying the goods or services again. 15.2 Where points are used for travel arrangementsbookings with an American Express partner you acknowledge that such travel bookings are supplied by third parties and not American Express. However Upon redeeming points for a travel booking with an American Express travel partner, you agree to release us, our subsidiaries and affiliates from any and all liability in respect of the redemption or use of such reward or other participation in the program. We will bear no responsibility for resolving any dispute between you and the travel partner. 15.3 Where points are used for travel bookings with American Express Member Travel Services we act as agent for the supplier or service provider (such as an airline) in booking or arranging all transport, sightseeing, hotel accommodation and other travel-related services for you. We do not own, manage, control or operate any supplier of services, and all coupons, receipts and tickets that you are issued with will be subject to the terms and conditions specified by the supplier of that coupon, receipt or ticket. By accepting the coupons and tickets and utilising the services, you agree that we shall not be liable where for any failure loss, injury or damages to you or your belongings or in the performance of the contract is due to: you; connection with any accommodation, transport or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable other services or unavoidable; resulting directly or unusual and unforeseeable circumstances indirectly from occurrences 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 suppliersincluding breakdown in equipment, even with all due carestrikes, 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 and/or services 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, injurytheft, delay to passengers or cancellation or change in itinerary or schedule, etc. Also remember that travel documents, if necessary, and losscompliance with customs regulations, damage and delay to luggage. We if applicable, are to be regarded as having all benefit your responsibility. 15.4 Once we have transferred points following your instructions we assume no responsibility for points redeemed from a program account into a frequent traveller program or for the actions of any limitation of compensation contained airline and/or hotel in these connection with its frequent traveller program or any conventions. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our office. 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 6 and 7. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amountotherwise.

Appears in 2 contracts

Sources: Membership Rewards Terms and Conditions, Membership Rewards Terms and Conditions

Our Liability to You. If 1. We will accept responsibility for the contract arrangements we have with agree to provide or arrange for you is not performed or is improperly performed by us as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted arrangements negligently, taking into consideration all relevant factors (for example 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 Programme), we will pay you appropriate compensation reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if this has affected the enjoyment of your travel arrangementsyou wish to make a claim against us. 2. However we We will not be liable where responsible or pay you compensation for any failure in the performance injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from: a. The act(s) and/or omission(s) of the contract is due to: you; or person(s) affected; b. The act(s) and/or omission(s) of a third party unconnected with the provision of the travel arrangements services contracted for and where the failure is which were unforeseeable or unavoidable; or c. Unusual or unusual and unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or an or d. An event which we either ourselves or our supplierssuppliers could not, even with all due care, could not foresee have foreseen or forestallforestalled. 3. 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 and/or services 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 We limit the amount of compensation that we may have to pay you can claim for death, if we are found liable under this clause: a. Loss of and/or damage to any luggage or personal possessions and money b. Claims not falling under (a) above or involving injury, delay to passengers illness or death c. Claims in respect of international travel by air, sea and lossrail, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventionsstay in a hotel i) 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 companiescompany and that those 'Conditions of Carriage' contractual termsshall 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, or any liability we may have to you under our contract with you, arising out of the international conventionssame facts, from our office. Under EU law is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. iii) When making any payment, we are entitled to deduct any money which you have rights received or are entitled to receive from the transport provider or hotelier for the complaint or claim in some circumstances question. 4. It is a condition of our acceptance of liability under this clause that you notify any claim to refunds and/or compensation from your airline ourselves and our supplier(s) strictly 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 accordance with the complaints procedure set out in clause 6 these conditions. 5. Where any payment is made, 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. If any payments to you are due from usWe will not accept responsibility for services or facilities which do not form part of our agreement. For example flights, any payment made additional tour you book, or any service or facility which your hotel or any other supplier agrees to you by the airline will be deducted from this amountprovide for you.

Appears in 2 contracts

Sources: Pod Volunteer Programme Agreement, Pod Volunteer Programme Agreement

Our Liability to You. If 1. We will accept responsibility for the contract arrangements we have with agree to provide or arrange for you is not performed or is improperly performed by us as an “organiser” under The Package Travel and Linked Travel Arrangements Regulations 2018, as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted arrangements negligently, taking into consideration all relevant factors (for example 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 Programme), we will pay you appropriate compensation reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if this has affected the enjoyment of your travel arrangementsyou wish to make a claim against us. 2. However we We will not be liable where responsible or pay you compensation for any failure in the performance injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from: a. The act(s) and/or omission(s) of the contract is due to: you; or person(s) affected; b. The act(s) and/or omission(s) of a third party unconnected with the provision of the travel arrangements services contracted for and where the failure is which were unforeseeable or unavoidable; or c. Unusual or unusual and unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or an or d. An event which we either ourselves or our supplierssuppliers could not, even with all due care, could not foresee have foreseen or forestallforestalled. 3. 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 and/or services 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 We limit the amount of compensation that we may have to pay you can claim for death, if we are found liable under this clause: a. Loss of and/or damage to any luggage or personal possessions and money b. Claims not falling under (a) above or involving injury, delay to passengers illness or death c. Claims in respect of international travel by air, sea and lossrail, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventionsstay in a hotel i) 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 companiescompany and that those 'Conditions of Carriage' contractual termsshall 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, or any liability we may have to you under our contract with you, arising out of the international conventionssame facts, from our office. Under EU law is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. iii) When making any payment, we are entitled to deduct any money which you have rights received or are entitled to receive from the transport provider or hotelier for the complaint or claim in some circumstances question. 4. It is a condition of our acceptance of liability under this clause that you notify any claim to refunds and/or compensation from your airline ourselves and our supplier(s) strictly 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 accordance with the complaints procedure set out in clause 6 these conditions. 5. Where any payment is made, 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. If any payments to you are due from usWe will not accept responsibility for services or facilities which do not form part of our agreement. For example flights, any payment made additional tour you book, or any service or facility which your hotel or any other supplier agrees to you by the airline will be deducted from this amountprovide for you.

Appears in 2 contracts

Sources: Pod Volunteer Programme Agreement, Pod Volunteer Programme Agreement

Our Liability to You. If 15.1 To the contract fullest extent of the law we have make no warranties or representations, either expressed or implied, and expressly disclaim any and all liabilities (including for consequential damages) with you is not performed respect to type, quality, standard, fitness or is improperly performed by us suitability for any purpose of rewards provided under the Program. Warranty claims should be directed to the manufacturer or our suppliers service provider in accordance with their warranty information (if applicable) and we will pay provide you appropriate compensation if with such proof of purchase information as reasonably available to allow you to pursue such claims. Where we supply goods or services to you as a consumer as defined in the Competition and Consumer Act 2010 (‘the Act’), then nothing in this has affected clause excludes, restricts or modifies any liability, right or remedy imposed or conferred by the enjoyment Act. However, to the extent permitted by the Act, our liability is limited (at our option) to supplying the goods or services again or paying the equivalent cost of your supplying the goods or services again. 15.2 Where Points are used for travel arrangementsbookings with an American Express Partner you acknowledge that such travel bookings are supplied by third parties and not American Express. However Upon redeeming Points for a travel booking with an American Express travel Partner, you agree to release us, our subsidiaries and affiliates from any and all liability in respect of the redemption or use of such reward or other participation in the Program. We will bear no responsibility for resolving any dispute between you and the travel Partner. 15.3 Where Points are used for travel bookings with American Express Travel & Lifestyle Services we act as agent for the supplier or service provider (such as an airline) in booking or arranging all transport, sightseeing, hotel accommodation and other travel-related services for you. We do not own, manage, control or operate any supplier of services, and all coupons, receipts and tickets that you are issued with will be subject to the Terms and Conditions specified by the supplier of that coupon, receipt or ticket. By accepting the coupons and tickets and utilising the services, you agree that we shall not be liable where for any failure loss, injury or damages to you or your belongings or in the performance of the contract is due to: you; connection with any accommodation, transport or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable other services or unavoidable; resulting directly or unusual and unforeseeable circumstances indirectly from occurrences 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 suppliersincluding breakdown in equipment, even with all due carestrikes, 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 and/or services 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, injurytheft, delay to passengers or cancellation or change in itinerary or schedule, etc. Also remember that travel documents, if necessary, and losscompliance with customs regulations, damage and delay to luggage. We if applicable, are to be regarded as having all benefit your responsibility. 15.4 Once we have transferred Points following your instructions we assume no responsibility for Points redeemed from a Program Account into a Frequent Traveller Program or for the actions of any limitation of compensation contained airline and/or hotel in these connection with its Frequent Traveller Program or any conventions. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our office. 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 6 and 7. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amountotherwise.

Appears in 1 contract

Sources: Membership Rewards Terms and Conditions

Our Liability to You. 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 travel 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 to: (a) The contractual terms of the companies that provide the transportation and/or services 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. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our officeoffices: Wexas Travel, 27-45 Stamford Street, London SE1 9NT. Under EU law (Regulation 261/2004) 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 6 and 76. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on 020 7240 6061 ▇▇▇.▇▇▇.▇▇▇.▇▇

Appears in 1 contract

Sources: Booking Conditions

Our Liability to You. 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 travel 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 to: (a) The contractual terms of the companies that provide the transportation and/or services 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. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our officeoffices: Wexas Travel, Runway East Borough Market, ▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, London SE1 9RS. Under EU law (Regulation 261/2004) 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 6 and 76. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on 020 7240 6061 ▇▇▇.▇▇▇.▇▇▇.▇▇

Appears in 1 contract

Sources: Booking Conditions

Our Liability to You. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the contract we have with you is travel services included in your package are not performed in accordance with the contract, or is are improperly performed performed, by us or our suppliers we will pay you appropriate compensation if the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. However we We will not be liable where any failure in the to perform or improper performance of the contract travel services is due to: youyou or another member of your party; or a third party unconnected with the provision of the travel arrangements services in the package and where the failure is unforeseeable or unavoidable; or unusual unavoidable and unforeseeable circumstances extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all due care reasonable measures had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestalltaken. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to (to a) The contractual terms of the companies that provide the transportation and/or travel services for that make up your travel arrangementspackage. These terms are incorporated into this contractbooking; and (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 and conditions under which compensation that you can claim be claimed 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 the extent of or the conditions under which compensation contained in is to be paid under these or any conventions. You can ask for copies of the transport companies' travel service contractual terms, or the international conventions, from our officeus at Premier Holidays Ltd, Building ▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇. Under EU law (Regulation 261/2004) 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 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 6 and 7these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted from this amountdeducted. If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.

Appears in 1 contract

Sources: Booking Agreement

Our Liability to You. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the contract we have with you is travel services included in your package are not performed in accordance with the contract, or is are improperly performed performed, by us or our suppliers we will pay you appropriate compensation if the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. However we We will not be liable where any failure in the to perform or improper performance of the contract travel services is due to: youyou or another member of your party; or a third party unconnected with the provision of the travel arrangements services in the package and where the failure is unforeseeable or unavoidable; or unusual unavoidable and unforeseeable circumstances extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all due care reasonable measures had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestalltaken. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to (to a) The contractual terms of the companies that provide the transportation and/or travel services for that make up your travel arrangementspackage. These terms are incorporated into this contractbooking; and (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 and conditions under which compensation that you can claim be claimed 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 the extent of or the conditions under which compensation contained in is to be paid under these or any conventions. You can ask for copies of the transport companies' travel service contractual terms, or the international conventions, from our officeus at Premier Holidays Ltd, ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇. Under EU passenger rights 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 relevant airports and will also be available from airlines. However 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 6 and 7these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted from this amountdeducted. If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.

Appears in 1 contract

Sources: Booking Agreement

Our Liability to You. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the contract we have with you is travel services included in your package are not performed in accordance with the contract, or is are improperly performed performed, by us or our suppliers we will pay you appropriate compensation if the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. However we We will not be liable where any failure in the to perform or improper performance of the contract travel services is due to: youyou or another member of your party; or a third party unconnected with the provision of the travel arrangements services in the package and where the failure is unforeseeable or unavoidable; or unusual unavoidable and unforeseeable circumstances extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all due care reasonable measures had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestalltaken. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to (to a) The contractual terms of the companies that provide the transportation and/or travel services for that make up your travel arrangementspackage. These terms are incorporated into this contractbooking; and (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 and conditions under which compensation that you can claim be claimed 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 the extent of or the conditions under which compensation contained in is to be paid under these or any conventions. You can ask for copies of the transport companies' travel service contractual terms, or the international conventions, from our officeus at Premier Holidays Ltd, Building ▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇. Under EU passenger rights 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 relevant airports and will also be available from airlines. However 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 6 and 7these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted from this amountdeducted. If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.

Appears in 1 contract

Sources: Booking Agreement

Our Liability to You. If 15.1 To the contract fullest extent of the law we have make no warranties or representations, either expressed or implied, and expressly disclaim any and all liabilities (including for consequential damages) with you is not performed respect to type, quality, standard, fitness or is improperly performed by us suitability for any purpose of rewards provided under the Program. Warranty claims should be directed to the manufacturer or our suppliers service provider in accordance with their warranty information (if applicable) and we will pay provide you appropriate compensation if with such proof of purchase information as reasonably available to allow you to pursue such claims. Where we supply goods or services to you as a consumer as defined in the Competition and Consumer Act 2010 (‘the Act’), then nothing in this has affected clause excludes, restricts or modifies any liability, right or remedy imposed or conferred by the enjoyment Act. However, to the extent permitted by the Act, our liability is limited (at our option) to supplying the goods or services again or paying the equivalent cost of your supplying the goods or services again. 15.2 Where Points are used for travel arrangementsbookings with an American Express partner you acknowledge that such travel bookings are supplied by third parties and not American Express. However Upon redeeming Points for a travel booking with an American Express travel partner, you agree to release us, our subsidiaries and affiliates from any and all liability in respect of the redemption or use of such reward or other participation in the Program. We will bear no responsibility for resolving any dispute between you and the travel partner. 15.3 Where Points are used for travel bookings with American Express Travel & Lifestyle Services we act as agent for the supplier or service provider (such as an airline) in booking or arranging all transport, sightseeing, hotel accommodation and other travel-related services for you. We do not own, manage, control or operate any supplier of services, and all coupons, receipts and tickets that you are issued with will be subject to the terms and conditions specified by the supplier of that coupon, receipt or ticket. By accepting the coupons and tickets and utilising the services, you agree that we shall not be liable where for any failure loss, injury or damages to you or your belongings or in the performance of the contract is due to: you; connection with any accommodation, transport or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable other services or unavoidable; resulting directly or unusual and unforeseeable circumstances indirectly from occurrences 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 suppliersincluding breakdown in equipment, even with all due carestrikes, 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 and/or services 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, injurytheft, delay to passengers or cancellation or change in itinerary or schedule, etc. Also remember that travel documents, if necessary, and losscompliance with customs regulations, damage and delay to luggage. We if applicable, are to be regarded as having all benefit your responsibility. 15.4 Once we have transferred Points following your instructions we assume no responsibility for Points redeemed from a Program Account into a Frequent Traveller Program or for the actions of any limitation of compensation contained airline and/or hotel in these connection with its Frequent Traveller Program or any conventions. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our office. 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 6 and 7. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amountotherwise.

Appears in 1 contract

Sources: Membership Rewards Terms and Conditions

Our Liability to You. If 13.1 To the contract fullest extent of the law we have make no warranties or representations, either expressed or implied, and expressly disclaim any and all liabilities (including for consequential damages) with you is not performed respect to type, quality, standard, fitness or is improperly performed by us suitability for any purpose of rewards provided under the program. Warranty claims should be directed to the manufacturer or our suppliers service provider in accordance with their warranty information (if applicable) and we will pay provide you appropriate compensation if with such proof of purchase information as reasonably available to allow you to pursue such claims. Where we supply goods or services to you as a consumer as defined in the Competition and Consumer Act 2010 (‘the Act’), then nothing in this has affected clause excludes, restricts or modifies any liability, right or remedy imposed or conferred by the enjoyment Act. However, to the extent permitted by the Act, our liability is limited (at our option) to supplying the goods or services again or paying the equivalent cost of your supplying the goods or services again. 13.2 Where points are used for travel arrangementsbookings with an American Express partner you acknowledge that such travel bookings are supplied by third parties and not American Express. However Upon redeeming points for a travel booking with an American Express travel partner, you agree to release us, our subsidiaries and affiliates from any and all liability in respect of the redemption or use of such reward or other participation in the program. We will bear no responsibility for resolving any dispute between you and the travel partner. 13.3 Where points are used for travel bookings with American Express Member Travel Services we act as agent for the supplier or service provider (such as an airline) in booking or arranging all transport, sightseeing, hotel accommodation and other travel-related services for you. We do not own, manage, control or operate any supplier of services, and all coupons, receipts and tickets that you are issued with will be subject to the terms and conditions specified by the supplier of that coupon, receipt or ticket. By accepting the coupons and tickets and utilising the services, you agree that we shall not be liable where for any failure loss, injury or damages to you or your belongings or in the performance of the contract is due to: you; connection with any accommodation, transport or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable other services or unavoidable; resulting directly or unusual and unforeseeable circumstances indirectly from occurrences 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 suppliersincluding breakdown in equipment, even with all due carestrikes, 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 and/or services 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, injurytheft, delay to passengers or cancellation or change in itinerary or schedule, etc. Also remember that travel documents, if necessary, and losscompliance with customs regulations, damage and delay to luggage. We if applicable, are to be regarded as having all benefit your responsibility. 13.4 Once we have transferred points following your instructions we assume no responsibility for points redeemed from a program account into a frequent traveller program or for the actions of any limitation of compensation contained airline and/or hotel in these connection with its frequent traveller program or any conventions. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our office. 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 6 and 7. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amountotherwise.

Appears in 1 contract

Sources: Membership Rewards Terms and Conditions

Our Liability to You. If Subject to 1 above, 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 travel 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 maximum aggregate liability, except in cases involving death, injury or illnessillness caused by our negligence, shall be limited to a maximum of two 3 times the total cost shown on your travel confirmation invoice in respect of your the relevant travel arrangements. Our Subject to any liability of ours not exceeding our maximum aggregate liability stated above, our liability will also be limited in accordance with and/or in an identical manner to to:- (a) The contractual terms of the companies that provide the transportation and/or services for your travel arrangements. These terms are incorporated into this contract; and 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. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our officeoffices ▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, BH13 7LP, telephone ▇▇▇▇▇ ▇▇▇▇▇▇. Under EU law (Regulation 261/2004) 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 6 and 7. If any payments to you are due from us, any payment made to you by the airline and/or any other third parties from whom you recover monies or other compensation will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 ▇▇▇.▇▇▇.▇▇▇.▇▇

Appears in 1 contract

Sources: Holiday Contract

Our Liability to You. 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 holiday arrangements. However 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 travel holiday 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 2 times the cost of your travel holiday arrangements. Our liability will also be limited in accordance with and/or in an identical manner to V28 010425 (a) The contractual terms of the companies that provide the transportation and/or services 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 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. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our officehead office at C. I. Travel Group, Heron House, Jersey Airport, Jersey, JE1 1BW. Telephone: ▇▇▇▇▇ ▇▇▇▇▇▇. Under EU law passenger rights 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 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 6 and 76. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible, of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday. NB this clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.

Appears in 1 contract

Sources: Terms and Conditions of Booking

Our Liability to You. If 15.1 To the contract fullest extent of the law we have make no warranties or representations, either expressed or implied, and expressly disclaim any and all liabilities (including for consequential damages) with you is not performed respect to type, quality, standard, fitness or is improperly performed by us suitability for any purpose of rewards provided under the program. Warranty claims should be directed to the manufacturer or our suppliers service provider in accordance with their warranty information (if applicable) and we will pay provide you appropriate compensation if with such proof of purchase information as reasonably available to allow you to pursue such claims. Where we supply goods or services to you as a consumer as defined in the Competition and Consumer Act 2010 (‘the Act’), then nothing in this has affected clause excludes, restricts or modifies any liability, right or remedy imposed or conferred by the enjoyment Act. However, to the extent permitted by the Act, our liability is limited (at our option) to supplying the goods or services again or paying the equivalent cost of your supplying the goods or services again. 15.2 Where points are used for travel arrangementsbookings with an American Express Partner you acknowledge that such travel bookings are supplied by third parties and not American Express. However Upon redeeming points for a travel booking with an American Express travel Partner, you agree to release us, our subsidiaries and affiliates from any and all liability in respect of the redemption or use of such reward or other participation in the program. We will bear no responsibility for resolving any dispute between you and the travel Partner. 15.3 Where points are used for travel bookings with American Express Travel & Lifestyle Services we act as agent for the supplier or service provider (such as an airline) in booking or arranging all transport, sightseeing, hotel accommodation and other travel-related services for you. We do not own, manage, control or operate any supplier of services, and all coupons, receipts and tickets that you are issued with will be subject to the Terms and Conditions specified by the supplier of that coupon, receipt or ticket. By accepting the coupons and tickets and utilising the services, you agree that we shall not be liable where for any failure loss, injury or damages to you or your belongings or in the performance of the contract is due to: you; connection with any accommodation, transport or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable other services or unavoidable; resulting directly or unusual and unforeseeable circumstances indirectly from occurrences 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 suppliersincluding breakdown in equipment, even with all due carestrikes, 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 and/or services 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, injurytheft, delay to passengers or cancellation or change in itinerary or schedule, etc. Also remember that travel documents, if necessary, and losscompliance with customs regulations, damage and delay to luggage. We if applicable, are to be regarded as having all benefit your responsibility. 15.4 Once we have transferred points following your instructions we assume no responsibility for points redeemed from a program Account into a Frequent Traveller program or for the actions of any limitation of compensation contained airline and/or hotel in these connection with its Frequent Traveller program or any conventions. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our office. 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 6 and 7. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amountotherwise.

Appears in 1 contract

Sources: Membership Rewards Terms and Conditions

Our Liability to You. 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 travel 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 three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to to (a) The contractual terms of the companies that provide the transportation and/or services 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. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our officeoffices. Under EU law (Regulation 261/2004) 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 tour cost from us. Your right to a refund and/or compensation from us is set out in clause 6 and 76. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amountAmount.

Appears in 1 contract

Sources: Tour Contract

Our Liability to You. If 15.1 To the contract fullest extent of the law we have make no warranties or representations, either expressed or implied, and expressly disclaim any and all liabilities (including for consequential damages) with you is not performed respect to type, quality, standard, fitness or is improperly performed by us suitability for any purpose of rewards provided under the program. Warranty claims should be directed to the manufacturer or our suppliers service provider in accordance with their warranty information (if applicable) and we will pay provide you appropriate compensation if with such proof of purchase information as reasonably available to allow you to pursue such claims. Where we supply goods or services to you as a consumer as defined in the Competition and Consumer Act 2010 (‘the Act’), then nothing in this has affected clause excludes, restricts or modifies any liability, right or remedy imposed or conferred by the enjoyment Act. However, to the extent permitted by the Act, our liability is limited (at our option) to supplying the goods or services again or paying the equivalent cost of your supplying the goods or services again. 15.2 Where points are used for travel arrangementsbookings with an American Express partner you acknowledge that such travel bookings are supplied by third parties and not American Express. However Upon redeeming points for a travel booking with an American Express travel partner, you agree to release us, our subsidiaries and affiliates from any and all liability in respect of the redemption or use of such reward or other participation in the program. We will bear no responsibility for resolving any dispute between you and the travel partner. 15.3 Where points are used for travel bookings with American Express Member Travel Services we act as agent for the supplier or service provider (such as an airline) in booking or arranging all transport, sightseeing, hotel accommodation and other travel-related services for you. We do not own, manage, control or operate any supplier of services, and all coupons, receipts and tickets that you are issued with will be subject to the terms and conditions specified by the supplier of that coupon, receipt or ticket. By accepting the coupons and tickets and utilising the services, you agree that we shall not be liable where for any failure loss, injury or damages to you or your belongings or in the performance of the contract is due to: you; connection with any accommodation, transport or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable other services or unavoidable; resulting directly or unusual and unforeseeable circumstances indirectly from occurrences 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 suppliersincluding breakdown in equipment, even with all due carestrikes, 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 and/or services 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, injurytheft, delay or cancellation or change in itinerary or schedule, etc. Also remember that travel documents, if necessary, and compliance with customs regulations, if applicable, are your responsibility. 15.4 Once we have transferred points following your instructions we assume no responsibility for points redeemed from a program account into a frequent traveller program or for the actions of any airline and/or hotel in connection with its frequent traveller program or otherwise. 16.4 We may suspend the program on giving you reasonable notice unless required to passengers and loss, damage and delay do so by law or to luggageprotect our systems in which case we shall not be required to give you notice. We may terminate the program at any time provided we give you 90 days prior notice unless we are required by law to terminate the program in which case we shall not be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can ask for copies of required to give you prior notice. 16.5 We may change the transport companies' contractual terms, fees payable under the program or the international conventions, from our office. Under EU law standard points accrual rates applicable to the Card on giving you have rights in some circumstances 90 days prior written notice. 16.6 We may make other material changes 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 terms and conditions by giving you 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 6 and 7. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amountleast 30 days notice.

Appears in 1 contract

Sources: Membership Rewards Terms and Conditions

Our Liability to You. If 10.1 You should be aware that standards including safety and hygiene may be lower than you would expect in the contract UK. The services provided as part of the Contract we have with you will be deemed to be provided with reasonable skill and care if they comply with the local (in country) standards where the service is delivered. 10.2 If any of the travel services included in your Trip are not performed in accordance with the contract, or is are improperly performed performed, by us or our suppliers we will pay you appropriate compensation if the travel service suppliers, and this has affected the your enjoyment of your travel arrangements. However we , you may be entitled to an appropriate price reduction or compensation or both. 10.3 We will not be liable where any failure in the to perform or improper performance of the contract travel services included in your trip is due to: : 10.3.1 you; or /the Participant; 10.3.2 a third party unconnected with the provision of the travel arrangements Trip and where the failure is unforeseeable or unavoidable; or unusual or 10.3.3 unavoidable and unforeseeable extraordinary circumstances which means a situation beyond our control, the consequences of which could not have been avoided even if all due care reasonable measures had been exercised; taken. 10.4 Our liability in contract, tort or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liabilityotherwise arising, except in cases involving death, fraudulent misinterpretation, injury or illness, shall be limited to a maximum of two three times the cost of your travel arrangementsprice payable for any individual Participant to undertake the Trip. Our liability will also be limited in accordance with and/or in an identical manner to (a) The to: 10.4.1 the contractual terms of the companies parties that provide the transportation and/or travel services for which make up your travel arrangementsTrip. These terms are incorporated into this contractContract but in the event of any conflict between those terms and these Conditions, these Conditions shall prevail; and (b) Any and 10.4.2 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 and conditions under which compensation that you can claim be claimed 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 the extent of or the conditions under which compensation contained in is to be paid under these or any conventions. . 10.5 You can ask for copies of the transport companies' travel services contractual terms, or the international conventions, conventions from us by writing to our registered office. Under EU law (Regulation 261/2004) 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 Trip cost from us. Your right to a refund and/or compensation from us is set out in clause 6 and 7Condition 8. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted from this amount. If your airline does not comply with these rules you should complain to the airline in the first instance and follows it’s applicable complaint’s procedure. In the event that the airline does not follow an ADR procedure, you should contact the Civil Aviation Authority at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇. 10.6 We do not accept any liability or responsibility for any personal possessions (including but not limited to cameras, jewellery, valuables and money) which are carried on or in our vehicles, carried on public transport or transport supplied by independent subcontractors, left in accommodation provided by us or our suppliers during a Trip or left in our care during a Trip; such items are carried and/or left at your own risk. 10.7 If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. However, this limit shall not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 38 hours before the start of your holiday.

Appears in 1 contract

Sources: Terms and Conditions