8. 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 travel services included in your package are not
performed in accordance with the contract, or are improperly performed, by us
or 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. We will not be liable where any failure to perform or
improper performance of the travel services is due to: you or another member of
your party; or a third party unconnected with the provision of the travel
services in the package and is unforeseeable or unavoidable; or unavoidable and
extraordinary circumstances, which means a situation beyond
our control, the consequences of which could not have been avoided even if all
reasonable measures had been taken. Our liability, except
in cases involving death, injury or illness, shall be limited to a maximum of
three 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
travel services that make up your package. These terms are incorporated into
this booking; 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 can 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 is to be paid under these or any
conventions. Under 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 will be
publicised at relevant airports and 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 these
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. 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 entire clause 8 does not apply
to any separate contracts that you may enter into for excursions or activities
whilst on holiday.