Common use of LIMITATION OF OUR LIABILITY Clause in Contracts

LIMITATION OF OUR LIABILITY. a. Nothing in this Agreement shall limit or exclude any liability of any party: i) for death or personal injury caused by the negligence of a party or its employees, agents or subcontractors; ii) for any fraud or fraudulent misrepresentation; and iii) to the extent such limitation or exclusion is not permitted by applicable law. b. Subject to Section A, clause 23(a) above, we will not be responsible or liable to You or any third party for any loss or damage arising, whether in contract, tort (including negligence) or otherwise in relation to: i) delay or failure by a Merchant, a Travel Booking Provider or a Travel Service Provider to accept a Card, the imposition by a Merchant or by the Travel Booking Provider or a Travel Service Provider of conditions on the use of the Card or the manner of a Merchant’s or of the Travel Booking Provider’s or a Travel Service Provider’s acceptance or non-acceptance of the Card; ii) goods and/or services purchased with the Card or their delivery or non-delivery; iii) Travel Arrangements charged to a Business Travel Account/ Travel Manager Lodge Account, including any dispute with the Travel Booking Provider or a Travel Service Provider about Travel Arrangements or any failure to provide them; iv) failure to carry out our obligations under this Agreement (or the Cardmember Terms for the Corporate Card Programme) if that failure is caused by a third party or because of an event outside our reasonable control, including but not limited to, a systems failure, data processing failure, industrial dispute or other action outside our control or where contravention of our obligations is due to our obligations under provisions of European Union or national law;

LIMITATION OF OUR LIABILITY. a. Nothing in this Agreement shall limit or exclude any liability of any party: i) for death or personal injury caused by the negligence of a party or its employees, agents or subcontractors; ii) for any fraud or fraudulent misrepresentation; and iii) to the extent such limitation or exclusion is not permitted by applicable law. b. Subject to Section A, clause 23(a) above, we will not be responsible or liable to You or any third party for any loss or damage arising, whether in contract, tort (including negligence) or otherwise in relation to: i) delay or failure by a Merchant, a Travel Booking Provider or a Travel Service Provider to accept a Card, the imposition by a Merchant or by the Travel Booking Provider or a Travel Service Provider of conditions on the use of the Card or the manner of a Merchant’s or of the Travel Booking Provider’s or a Travel Service Provider’s acceptance or non-acceptance of the Card; ii) goods and/or services purchased with the Card or their delivery or non-delivery; iii) Travel Arrangements charged to a Business Travel Account/ Travel Manager Lodge Account, including any dispute with the Travel Booking Provider or a Travel Service Provider about Travel Arrangements or any failure to provide them; iv) failure to carry out our obligations under this Agreement (or the Cardmember Terms for the Corporate Card Programme) if that failure is caused by a third party or because of an event outside our reasonable control, including but not limited to, a systems failure, data processing failure, industrial dispute or other action outside our control or where contravention of our obligations is due to our obligations under provisions of European Union or national law;

LIMITATION OF OUR LIABILITY. a. Nothing in this Agreement shall limit or exclude any liability of any party: i) for death or personal injury caused by the negligence of a party or its employees, agents or subcontractors; ii) for any fraud or fraudulent misrepresentation; and iii) to the extent such limitation or exclusion is not permitted by applicable law. b. Subject to Section A, clause 23(a) above, we will not be responsible or liable to You or any third party for any loss or damage arising, whether in contract, tort (including negligence) or otherwise in relation to: i) delay or failure by a Merchant, a Travel Booking Provider or a Travel Service Provider to accept a Card, the imposition by a Merchant or by the Travel Booking Provider or a Travel Service Provider of conditions on the use of the Card or the manner of a Merchant’s or of the Travel Booking Provider’s or a Travel Service Provider’s acceptance or non-acceptance of the Card; ii) goods and/or services purchased with the Card or their delivery or non-delivery; iii) Travel Arrangements charged to a Business Travel Account/ Travel Manager Lodge Account, including any dispute with the Travel Booking Provider or a Travel Service Provider about Travel Arrangements or any failure to provide them; iv) failure to carry out our obligations under this Agreement (or the Cardmember Terms for the Corporate Card Programme) if that failure is caused by a third party or because of an event outside our reasonable controlexceptional circumstances or, including but not limited to, a systems failure, data processing failure, industrial dispute or other action outside our control or where contravention of our obligations is due to our obligations under provisions of European Union or national law;; v) our declining to approve any Corporate Purchasing Account, vPayment or Business Travel Account transaction for any reason that is set out in the “Charge Approval” section of the Agreement (Section A, clause 6); or