Responsibilities of the Company. (a) The Company applies all reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain the appropriate standards. The descriptions, information and opinions given in this brochure by the Company are given in good faith, based on the latest information at the time of going to press. Unless specifically advised to the contrary by the Company, nothing shown in any brochure or other publication (whether supplied by us or not) constitutes a condition or term of this contract, or shall be relied upon in any way. In exceptional circumstances outside the control of the Company, its agents or suppliers, such as, but not limited to, circumstances amounting to force majeure such as war, threat of war, political unrest, riots, civil disturbances, terrorist activities (threatened or actual), legally or illegally organised labour disputes, adverse weather conditions, and acts of God, the Company, its agents or suppliers cannot be held responsible for any limitation or withdrawal of facilities. (i) Where You do not suffer death or personal injury, we accept liability should any part of your holiday arrangements booked with the Company in the United Kingdom not be as described in the brochure and not be of a reasonable standard, and, subject to (iii), (iv) and (v) below will pay you compensation of an amount which could reasonably be expected, taking into account all the relevant circumstances. Any sums received by You from suppliers, such as airlines due to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline’s actions) will be deducted from any sum paid to You as compensation by the Company. (ii) Where You suffer death or personal injury as a result of an activity forming part of your holiday arrangements with the Company, we accept responsibility subject to (iii), (iv) and (v) below. (iii) The Company accepts liability in accordance with (i) and (ii) above and subject to (iv) and (v) below except where the cause of the failure of your holiday arrangements or any death or personal injury You may suffer is not due to any fault on our part or that of our servants, agents or suppliers, and is your fault, or due to the actions of someone unconnected with your holiday arrangements or due to unusual or unforeseeable circumstances or events which neither we, nor our servants, agents or suppliers could have anticipated or avoided even with the exercise of full care. (iv) Where a claim (whether for personal injury or non-personal injury) arises out of loss or damage suffered during the course of air travel, rail travel, sea travel, road travel or hotel accommodation, the Company’s liability and/or the amount of compensation You will receive will be limited in accordance with the contractual terms of the companies providing the transportation for your travel arrangements, which are incorporated into this contract, and the provisions of the relevant International Conventions, namely the Warsaw Convention 1929 as amended by the Hague Protocol 1955, the Berne Convention 1961, the Geneva Convention 1973, the Paris Convention 1962, and the Montreal Convention. (v) The Company’s acceptance of liability in (i), (ii), (iii) and (iv) above is conditional upon You assigning any rights that You may have against any of our servants, agents, or suppliers which is in any way responsible for the failure of your holiday arrangements or any death or personal injury You may suffer. Such acceptance of liability is also subject to your following the procedures for the notification of complaints set out in the booking conditions. (vi) The use by the Company of transport in connection with your holiday is subject to the conditions of carriage of the operators or owners of such transport. These conditions may include the provision of the law of the country of the carrier or be subject to international conventions which may limit or exclude the carrier’s liability. (vii) Please note that when You book excursions or other services locally you contract with the local company providing that excursion or service and not with the Company. The Company has no legal liability for anything that goes wrong with such an excursion or service and any claim which you might have arising from the excursion or service will be against the relevant local company and subject to the local company’s terms and conditions. (viii) You should regard as optional all activities and/or excursions mentioned in this brochure which are not undertaken on a vehicle belonging to the Company, and are not specifically stated as being included in the tour price. (ix) The Company, where appropriate and with reasonable discretion, shall afford initial general assistance to a Client who suffers illness, personal injury or death during the period of his holiday. (x) The Company’s employees, agents, and representatives have no authority to vary these conditions.
Appears in 2 contracts
Samples: Booking Terms and Conditions, Booking Terms and Conditions
Responsibilities of the Company. (a) The Company applies all reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain the appropriate standards. The descriptions, information and opinions given in this brochure by the Company are given in good faith, based on the latest information at the time of going to press. Unless specifically advised to the contrary by the Company, nothing shown in any brochure or other publication (whether supplied by us or not) constitutes a condition or term of this contract, ,or shall be relied upon in any way. In exceptional circumstances outside the control of the Company, its agents or suppliers, such as, but not limited to, circumstances amounting to force majeure such as war, threat of war, political unrest, riots, civil disturbances, terrorist activities (threatened or actual), legally or illegally organised labour disputes, adverse weather conditions, and acts of God, the Company, its agents or suppliers cannot be held responsible for any limitation or withdrawal of facilities.
(i) Where You do not suffer death or personal injury, we accept liability should any part of your holiday arrangements booked with the Company in the United Kingdom not be as described in the brochure and not be of a reasonable standard, and, subject to (iii), (iv) and (v) below will pay you compensation of an amount which could reasonably be expected, taking into account all the relevant circumstances. Any sums received by You from suppliers, such as airlines due to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline’s actions) will be deducted from any sum paid to You as compensation by the Company.
(ii) Where You suffer death or personal injury as a result of an activity forming part of your holiday arrangements with the Company, we accept responsibility subject to (iii), (iv) and (v) below.
(iii) The Company accepts liability in accordance with (i) and (ii) above and subject to (iv) and (v) below except where the cause of the failure of your holiday arrangements or any death or personal injury You may suffer is not due to any fault on our part or that of our servants, agents or suppliers, and is your fault, or due to the actions of someone unconnected with your holiday arrangements or due to unusual or unforeseeable circumstances or events which neither we, nor our servants, agents or suppliers could have anticipated or avoided even with the exercise of full care.
(iv) Where a claim (whether for personal injury or non-personal injury) arises out of loss or damage suffered during the course of air travel, rail travel, sea travel, road travel or hotel accommodation, the Company’s liability and/or the amount of compensation You will receive will be limited in accordance with the contractual terms of the companies providing the transportation for your travel arrangements, which are incorporated into this contract, and the provisions of the relevant International Conventions, namely the Warsaw Convention 1929 as amended by the Hague Protocol 1955, the Berne Convention 1961, the Geneva Convention 1973, the Paris Convention 1962, and the Montreal Convention.
(v) The Company’s acceptance of liability in (i), (ii), (iii) and (iv) above is conditional upon You assigning any rights that You may have against any of our servants, agents, or suppliers which is in any way responsible for the failure of your holiday arrangements or any death or personal injury You may suffer. Such acceptance of liability is also subject to your following the procedures for the notification of complaints set out in the booking conditions.
(vi) The use by the Company of transport in connection with your holiday is subject to the conditions of carriage of the operators or owners of such transport. These conditions may include the provision of the law of the country of the carrier or be subject to international conventions which may limit or exclude the carrier’s liability.
(vii) Please note During the Tour You may be offered the chance to purchase various optional excursions, activities and services. It is important that when You understand that We do not own, operate or control any of the companies or individuals which provide the optional excursions, activities and services. If You book excursions or other optional excursions, activities and services locally you You contract with the local company providing that excursion optional excursion, activity or service service, and not with the Company. The Company has no legal liability for anything that goes wrong with such an excursion excursions, optional activities or service services and any claim which you might have arising from the excursion or service optional excursions, activities and services will be against the relevant local company and subject to the local company’s terms and conditions, governed by local law. Neither We nor our employees, agents and contractors make any representation or warranty in relation to implied or explicit suggestions or recommendations of optional excursions, activities and services or any excursion, activity or service or event not highlighted as included in the Tour. You are responsible for all risks associated with the transportation to/from, and your participation in, or visitation to, any place, activity or excursion not listed as an inclusion. Please note that some of the optional excursions, activities and services, such as rafting, are inherently dangerous and risky. If You wish to take part in such optional excursions, activities and services You must be fit enough to do so and must follow all reasonable instructions. The standards of health and safety which will be adopted by the company or the individual providing the optional excursions, activities and services will be those of the country where the optional excursion, activity, or service, takes place. These standards may not be the same as You would find in your home country. The Company acts only as their agent. The Company accepts no liability for any act or omission of any provider of any optional excursion, activity or service, or the provider's employees, agents or sub-contractors or for any losses (whether direct or indirect and howsoever caused) arising therefrom.
(viii) You should regard as optional all activities and/or excursions mentioned in this brochure which are not undertaken on a vehicle belonging to the Company, and are not specifically stated as being included in the tour price.
(ix) The Company, where appropriate and with reasonable discretion, shall afford initial general assistance to a Client who suffers illness, personal injury or death during the period of his holiday.
(x) The Company’s employees, agents, and representatives have no authority to vary these conditions.
Appears in 2 contracts
Samples: Booking Terms and Conditions, Booking Terms and Conditions
Responsibilities of the Company. (a) The Company applies all reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain the appropriate standards. The descriptions, information and opinions given in this brochure by the Company are given in good faith, based on the latest information at the time of going to press. Unless specifically advised to the contrary by the Company, nothing shown in any brochure or other publication (whether supplied by us or not) constitutes a condition or term of this contract, or shall be relied upon in any way. In exceptional circumstances outside the control of the Company, its agents or suppliers, such as, but not limited to, circumstances amounting to force majeure such as war, threat of war, political unrest, riots, civil disturbances, terrorist activities (threatened or actual), legally or illegally organised labour disputes, adverse weather conditions, and acts of God, the Company, its agents or suppliers cannot be held responsible for any limitation or withdrawal of facilities.
(i) Where You do not suffer death or personal injury, we accept liability should any part of your holiday arrangements booked with the Company in the United Kingdom not be as described in the brochure and not be of a reasonable standard, and, subject to (iii), (iv) and (v) below will pay you compensation of an amount which could reasonably be expected, taking into account all the relevant circumstances. Any sums received by You from suppliers, such as airlines due to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline’s actions) will be deducted from any sum paid to You as compensation by the Company.
(ii) Where You suffer death or personal injury as a result of an activity forming part of your holiday arrangements with the Company, we accept responsibility subject to (iii), (iv) and (v) below.
(iii) The Company accepts liability in accordance with (i) and (ii) above and subject to (iv) and (v) below except where the cause of the failure of your holiday arrangements or any death or personal injury You may suffer is not due to any fault on our part or that of our servants, agents or suppliers, and is your fault, or due to the actions of someone unconnected with your holiday arrangements or due to unusual or unforeseeable circumstances or events which neither we, nor our servants, agents or suppliers could have anticipated or avoided even with the exercise of full care.
(iv) Where a claim (whether for personal injury or non-personal injury) arises out of loss or damage suffered during the course of air travel, rail travel, sea travel, road travel or hotel accommodation, the Company’s liability and/or the amount of compensation You will receive will be limited in accordance with the contractual terms of the companies providing the transportation for your travel arrangements, which are incorporated into this contract, and the provisions of the relevant International Conventions, namely the Warsaw Convention 1929 as amended by the Hague Protocol 1955, the Berne Convention 1961, the Geneva Convention 1973, the Paris Convention 1962, and the Montreal Convention.
(v) The Company’s acceptance of liability in (i), (ii), (iii) and (iv) above is conditional upon You assigning any rights that You may have against any of our servants, agents, or suppliers which is in any way responsible for the failure of your holiday arrangements or any death or personal injury You may suffer. Such acceptance of liability is also subject to your following the procedures for the notification of complaints set out in the booking conditions.
(vi) The use by the Company of transport in connection with your holiday is subject to the conditions of carriage of the operators or owners of such transport. These conditions may include the provision of the law of the country of the carrier or be subject to international conventions which may limit or exclude the carrier’s liability.
(vii) Please note During the Tour You may be offered the chance to purchase various optional excursions, activities and services. It is important that when You understand that We do not own, operate or control any of the companies or individuals which provide the optional excursions, activities and services. If You book excursions or other optional excursions, activities and services locally you You contract with the local company providing that excursion optional excursion, activity or service service, and not with the Company. The Company has no legal liability for anything that goes wrong with such an excursion excursions, optional activities or service services and any claim which you might have arising from the excursion or service optional excursions, activities and services will be against the relevant local company and subject to the local company’s terms and conditions, governed by local law. Neither We nor our employees, agents and contractors make any representation or warranty in relation to implied or explicit suggestions or recommendations of optional excursions, activities and services or any excursion, activity or service or event not highlighted as included in the Tour. You are responsible for all risks associated with the transportation to/from, and your participation in, or visitation to, any place, activity or excursion not listed as an inclusion. Please note that some of the optional excursions, activities and services, such as rafting, are inherently dangerous and risky. If You wish to take part in such optional excursions, activities and services You must be fit enough to do so and must follow all reasonable instructions. The standards of health and safety which will be adopted by the company or the individual providing the optional excursions, activities and services will be those of the country where the optional excursion, activity, or service, takes place. These standards may not be the same as You would find in your home country. The Company acts only as their agent. The Company accepts no liability for any act or omission of any provider of any optional excursion, activity or service, or the provider's employees, agents or sub-contractors or for any losses (whether direct or indirect and howsoever caused) arising therefrom.
(viii) You should regard as optional all activities and/or excursions mentioned in this brochure which are not undertaken on a vehicle belonging to the Company, and are not specifically stated as being included in the tour price.
(ix) The Company, where appropriate and with reasonable discretion, shall afford initial general assistance to a Client who suffers illness, personal injury or death during the period of his holiday.
(x) The Company’s employees, agents, and representatives have no authority to vary these conditions.
Appears in 1 contract
Samples: Booking Terms and Conditions
Responsibilities of the Company. (a) The Company applies all reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain the appropriate standards. The descriptions, information and opinions given in this brochure by the Company are given in good faith, based on the latest information at the time of going to press. Unless specifically advised to the contrary by the Company, nothing shown in any brochure or other publication (whether supplied by us or not) constitutes a condition or term of this contract, or shall be relied upon in any way. In exceptional circumstances outside the control of the Company, its agents or suppliers, such as, but not limited to, circumstances amounting to force majeure such as war, threat of war, political unrest, riots, civil disturbances, terrorist activities (threatened or actual), legally or illegally organised labour disputes, adverse weather conditions, and acts of God, the Company, its agents or suppliers cannot be held responsible for any limitation or withdrawal of facilities.
(i) Where You do not suffer death or personal injury, we accept liability should any part of your holiday arrangements booked with the Company in the United Kingdom not be as described in the brochure and not be of a reasonable standard, and, subject to (iii), (iv) and (v) below will pay you compensation of an amount which could reasonably be expected, taking into account all the relevant circumstances. Any sums received by You from suppliers, such as airlines due to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline’s actions) will be deducted from any sum paid to You as compensation by the Company.
(ii) Where You suffer death or personal injury as a result of an activity forming part of your holiday arrangements with the Company, we accept responsibility subject to (iii), (iv) and (v) below.
(iii) The Company accepts liability in accordance with (i) and (ii) above and subject to (iv) and (v) below except where the cause of the failure of your holiday arrangements or any death or personal injury You may suffer is not due to any fault on our part or that of our servants, agents or suppliers, and is your fault, or due to the actions of someone unconnected with your holiday arrangements or due to unusual or unforeseeable circumstances or events which neither we, nor our servants, agents or suppliers could have anticipated or avoided even with the exercise of full care.
(iv) Where a claim (whether for personal injury or non-personal injury) arises out of loss or damage suffered during the course of air travel, rail travel, sea travel, road travel or hotel accommodation, the Company’s liability and/or the amount of compensation You will receive will be limited in accordance with the contractual terms of the companies providing the transportation for your travel arrangements, which are incorporated into this contract, and the provisions of the relevant International Conventions, namely the Warsaw Convention 1929 as amended by the Hague Protocol 1955, the Berne Convention 1961, the Geneva Convention 1973, the Paris Convention 1962, and the Montreal Convention.
(v) The Company’s acceptance of liability in (i), (ii), (iii) and (iv) above is conditional upon You assigning any rights that You may have against any of our servants, agents, or suppliers which is in any way responsible for the failure of your holiday arrangements or any death or personal injury You may suffer. Such acceptance of liability is also subject to your following the procedures for the notification of complaints set out in the booking conditions.
(vi) The use by the Company of transport in connection with your holiday is subject to the conditions of carriage of the operators or owners of such transport. These conditions may include the provision of the law of the country of the carrier or be subject to international conventions which may limit or exclude the carrier’s liability.
(vii) Please note During the Tour You may be offered the chance to purchase various optional excursions, activities and services. It is important that when You understand that We do not own, operate or control any of the companies or individuals which provide the optional excursions, activities and services. If You book excursions or other optional excursions, activities and services locally you You contract with the local company providing that excursion optional excursion, activity or service service, and not with the Company. The Company has no legal liability for anything that goes wrong with such an excursion excursions, optional activities or service services and any claim which you might have arising from the excursion or service optional excursions, activities and services will be against the relevant local company and subject to the local company’s terms and conditions, governed by local law. Neither We nor our employees, agents and contractors make any representation or warranty in relation to implied or explicit suggestions or recommendations of optional excursions, activities and services or any excursion, activity or service or event not highlighted as included in the Tour. You are responsible for all risks associated with the transportation to/from, and your participation in, or visitation to, any place, activity or excursion not listed as an inclusion. Please note that some of the optional excursions, activities and services, such as rafting, are inherently dangerous and risky. If You wish to take part in such optional excursions, activities and services You must be fit enough to do so and must follow all reasonable instructions. The standards of health and safety which will be adopted by the company or the individual providing the optional excursions, activities and services will be those of the country where the optional excursion, activity, or service, takes place. These standards may not be the same as You would find in your home country. The Company acts only as their agent. The Company accepts no liability for any act or omission of any provider of any optional excursion, activity or service, or the provider's employees, agents or sub- contractors or for any losses (whether direct or indirect and howsoever caused) arising therefrom.
(viii) You should regard as optional all activities and/or excursions mentioned in this brochure which are not undertaken on a vehicle belonging to the Company, and are not specifically stated as being included in the tour price.
(ix) The Company, where appropriate and with reasonable discretion, shall afford initial general assistance to a Client who suffers illness, personal injury or death during the period of his holiday.
(x) The Company’s employees, agents, and representatives have no authority to vary these conditions.
Appears in 1 contract
Samples: Booking Terms and Conditions