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you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder. In which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).


If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.


When you buy an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by the agent, or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.


Holidays not involving air travel are financially protected by South Quay Travel & Leisure Ltd and are fully insured for the initial deposit, and subsequently the balance of the monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of South Quay Travel & Leisure Limited. This insurance has been arranged by Advantage Financial Services through MGA Cover Services Limited. In the unlikely event of Insolvency you must inform MGA immediately on +44 (0)20 3540 4422. Please ensure you retain the booking confirmation form as evidence of cover and value. Please note this policy will not cover any monies paid back to you by your Travel Insurance or any losses which are recoverable under another insurance or bond.


Our Responsibility 1) Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance


or prompt performance of our


contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.


(2) We accept responsibility as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you as set out on your confirmation, we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.


(3) 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 from:-


it (a) results 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 and which were unforeseeable or unavoidable; or


166


(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) 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.


(We may however provide you with assistance in the event you experience difficulty arising out of these circumstances.)


(4) We will not be responsible or pay you compensation:-


a) for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you.


b) 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 arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.


(5) Any compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):-


(a) whether or not you have followed the complaints procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you do so.


(b) the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements.


(6) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question. Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to 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.


(7) We limit our responsibility to you in the following situations:-


(a) Luggage or personal possessions and money


The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to


any luggage or personal possessions or


money is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total.


(b) Claims covered by an International Convention


The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The


Paris Convention


(with respect to hotel arrangements). You can ask us for copies of these Conventions.


(c) Claims not falling under 6 (a) or (b) above and which don’t involve injury, illness or death.


The maximum amount we will have to pay you in respect of all claims not falling under 6 (a) or (b) above and which don’t involve injury, illness or death these claims is twice the 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 arrangements.


(d) Denied boarding, flight cancellation or significant delay


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Under the Denied Boarding Regulation (EU 261/2004), if you have been denied boarding, your flight has been cancelled or it has been significantly delayed, it is the airline’s duty to look after you. Full details of these rights will be publicised at EU airports and will also be available from airlines. We have no liability to you in these circumstances and your claim for this assistance and any compensation must be made directly to the airline.


Behaviour


If in our opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately.


Travel Insurance It is a condition of booking that all passengers hold fully comprehensive and appropriate travel insurance cover that is valid for the entire duration of your cruise holiday, including cover for any and all pre-existing conditions and the costs of medical repatriations. It should also include Personal Luggage insurance since there is a limited liability for loss or damage. South Quay Travel & Leisure Ltd is able to offer a comprehensive travel insurance policy to passengers that are booked directly with them and details are shown on page 168. If you are booked through a travel agent or a tour operator, or opt not to purchase this insurance, you must give details of the alternative cover that you have in place, including the name of your insurer, policy number and most importantly the telephone number of the insurer’s Emergency Assistance service. You may be refused boarding if you are unable to provide this information.


Information re passport/VISA requirements and health formalities. The passport, visa and health formalities and any compulsory inoculations required for your cruise can be found on page 164/5 of this brochure. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities. Any cancellation that arises due to visa/ passport requirement will be subject to the cancellation charges detailed above.


Delays, changes and cancellations. Timings are estimates only and cannot be guaranteed, even if shown on tickets. They may be changed due to regulatory authority requirements, weather conditions, maintenance or technical reasons, and the ability of passengers to check in and board on time. Delays cannot be avoided but in such situations, in conjunction with our local agents or representatives, we will try to ensure your comfort during the course of any delay.


If we have to make a significant change to or cancel your booking before departure, if there is time to do so before departure, we will offer you the choice of accepting the changed arrangements, purchasing an alternative holiday from us or cancelling and receiving a full refund of all monies you have paid to us. If we become unable to provide a significant proportion of your arrangements after you have departed, we will make alternative arrangements for you but if it is impossible to do so, or you choose not to accept them for good reasons, we will, where appropriate, provide you with equivalent transport back to your place of departure or other place we both agree. In both cases, we will also pay you reasonable compensation if appropriate, depending on the circumstances and subject to ‘force majeure’ and the other limitations and exclusions set out in our full set of booking conditions. The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.


If we are forced to cancel a holiday due to an insufficient number of people having booked the holiday in question we will notify you no later than eight weeks prior to your date of departure.a


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