b'for any refund, compensation or costs incurred by you whatsoever. You(iii) When making any payment, we are entitled to deduct any and/or your party may also be required to pay for loss and/or damagemoney which you have received or are entitled to receive caused by your actions and we will hold you and each member of yourfrom the transport provider or hotelier for the complaint or party jointly and individually liable for any damage or losses caused byclaim in question. you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior5.Subject to these Booking Conditions, if we or our suppliers to departure. If you fail to make payment, you will be responsible fornegligently perform or arrange those services set out in your meeting any claims (including legal costs) subsequently made against usHoliday Itinerary, Welcome Pack and the information we provided as a result of your actions together with all costs we incur in pursuingto you regarding the services prior to booking and we dont remedy any claim against you. or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your holiday you may be entitled We cannot be held responsible for the actions or behaviour of otherto an appropriate price reduction or compensation or both. You guests or individuals who have no connection with your bookingmust inform us without undue delay of any failure to perform arrangements or with us.or improper performance of the travel services included in this package. The level of any such price reduction or compensation in 12. Our Responsibilitiesrespect of any claim for damages or compensation whatsoever will (1)We will accept responsibility for the arrangements we agree tobe calculated taking into consideration all relevant factors such as provide or arrange for you as an "organiser" under the Packagebut not limited to: following the complaints procedure as described Travel and Linked Travel Arrangements Regulations 2018, as setin these Booking Conditions and the extent to which ours or our out below and as such, we are responsible for the proper provisionemployees or suppliers negligence affected the overall enjoyment of the travel services specifically included in your package, as setof your holiday. Please note that it is your responsibility to show out in your Holiday Itinerary, Welcome Pack and the informationthat we or our supplier(s) have been negligent if you wish to make a we provided to you regarding the services prior to booking. Pleaseclaim against us note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or6.It is a condition of our acceptance of liability under this condition otherwise, which are not set out in your Holiday Itinerary, Welcomethat you notify any claim to us and our supplier(s) strictly in Pack and the information we provided to you regarding the servicesaccordance with the complaints procedure set out in these prior to booking. conditions. (2)We will not be responsible or pay you compensation for any7.Where any payment is made, the person(s) receiving it (and their personal injury or death unless you are able to prove that it wasparent or guardian if under 18 years) must also assign to us or our caused by our negligence or the negligence of our suppliers.insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may (3)We will not be responsible or pay you compensation for any injury,reasonably require. illness, death, loss, damage, expense, cost or other sum or claim ofany description if it results from:8.Please note, we cannot accept any liability for any damage, loss or (a)the acts and/or omissions of the person affected; orexpense or other sum(s) of any description:(b)the acts and/or omissions of a third party unconnected with(a)which on the basis of the information given to us by you the provision of the services contracted for and which wereconcerning your booking prior to our accepting it, we could not unforeseeable or unavoidable; orhave foreseen you would suffer or incur if we breached our (c)Events Beyond Our Control (as defined in clause 10).contract with you;(b)relate to any business; (4) We limit the amount of compensation we may have to pay you if(c)indirect or consequential loss of any kind. we are found liable under this clause: 9.We will not accept responsibility for services or facilities which do (a)Loss of and/or damage to any luggage or personal possessionsnot form part of our agreement or where they are not advertised in and money: The maximum amount we will have to pay you inour brochure. For example any excursion you book whilst away, or respect of these claims is an amount equivalent to the excessany service or facility which your hotel or any other supplier agrees on your insurance policy which applies to this type of loss perto provide for you. person in total because you are required to have adequate insurance in place to cover any losses of this kind.10. Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to "unavoidable (b)Claims not falling under (a) above and which don\'t involveand extraordinary circumstances", we shall provide you with any injury, illness or death: the maximum amount we will havenecessary accommodation (where possible, of a comparable to pay you in respect of these claims is up to three times thestandard) for a period not exceeding three nights per person. price paid by or on behalf of the person(s) affected in total. ThisPlease note that the 3 night cap does not apply to persons with maximum amount will only be payable where everything hasreduced mobility, pregnant women or unaccompanied minors, nor gone wrong and you or your party has not received any benefitto persons needing specific medical assistance, provided we have at all from your booking.been notified of these particular needs at least 48 hours before the start of your tour. For the purposes of this clause, "unavoidable and (c)Claims in respect of international travel by air and rail, or anyextraordinary circumstances" may include warfare, acts of terrorism, stay in a hotel:significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, (i)The extent of our liability will in all cases be limited as if weearthquakes or weather conditions which make it impossible to were carriers under the appropriate Conventions, whichtravel safely back to your departure point. include The Warsaw/Montreal Convention (international travel by air); The Berne/Cotif Convention (with respect13. Complaintsto rail travel) and The Paris Convention (with respect toIn the unlikely event that you have any reason to complain or hotel arrangements). You can ask for copies of theseexperience any problems with your holiday whilst away, you must Conventions from our offices. In addition, you agree that theimmediately inform your Tour Manager (if on an escorted holiday) operating carrier or transport company\'s own \'Conditions ofand/or us by telephone on our 24-hour emergency helpline (if not on Carriage\' will apply to you on that journey. When arrangingan escorted holiday) and the supplier of the service(s) in question. transportation for you, we rely on the terms and conditionsAny verbal notification must be put in writing and given to your Tour contained within these international conventions andManager (if on an escorted holiday) or us (if not on an escorted holiday) those \'Conditions of Carriage\'. You acknowledge that all ofand the supplier as soon as possible to enable us to begin to resolve it.the terms and conditions contained in those \'Conditions of Carriage\' form part of your contract with us, as well asIf you remain dissatisfied, however, you must write to us within 28 days with the transport company and that those \'Conditions ofof your return to the UK giving your booking reference and full details of Carriage\' shall be deemed to be included by reference intoyour complaint. Only the Lead Passenger should write to us. If you fail to this contract.follow thiscomplaints procedure, your right to claim the compensation (ii)In any circumstances in which a carrier is liable to youyou may otherwise have been entitled to may be affected or even lost as by virtue of EC 261/2004 (denied boarding and flighta result.disruption), any liability we may have to you under ourPlease note that we do offer an Alternative Dispute Resolution service, contract with you, arising out of the same facts, is limited tothrough our ABTA membership. Please see clause 14 for further details.the remedies provided under the Regulation as if (for this purpose only) we were a carrier. 119BOOKING CONDITIONS 119'