16. Our liability to you

1) We will accept responsibility for the accomodation we agree to provide or arrange for you Subject to these booking conditions, if we perform or arrange your contracted holiday 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’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we have been negligent if you wish to make a claim against us.

2) We will not be responsible or pay you compensation for any 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 person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for; or
(c) unusual or unforeseeable circumstances beyond ours control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

3) The maximum amount of compensation we may have to pay you if we are found liable under this clause, is same as the booking price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

5) Where any payment is to be made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to or subrogate unto 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. This assignment and/or subrogation of rights is a condition of payment, in such a way that no payment shall be made unless it is accompanied by the relative assignation or subrogation of rights.

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 (b) any business losses.

7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which any other supplier agrees to provide for you.

8) Any money, jewels and other valuables shall be brought into the accomodation at your own sole risk. We accept no liability and shall not be responsible for the loss or damage thereto, and you shall remain solely responsible for the safekeeping of such items.