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We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment or any other loss of any description), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:-
(a) the act(s) or omission(s) of the person(s) affected or any member(s) of their party; or,
(b) the act(s) or omission(s) of a third party not connected with the provision of your holiday which we could have predicted or avoided; or,
(c) force majeure as defined in clause 15 above.
B. Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them. In addition, regardless of any wording used by us in any advertising material, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
C. The promises we make to you about the services we have agreed to arrange, perform or provide as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question have been properly performed or provided. If the particular services which give rise to a claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK.
D. As set out in these Booking Conditions, we limit the maximum amount we may have to pay you for any claims you may make against us. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is the maximum amount payable for the claim in question under the insurance policy we offer as set out under the heading "Summary of Principal Cover". These limits apply whether or not you take out our recommended insurance policy. When dealing with any such claim, we will use the definitions contained in this policy. A copy of the policy wording can be provided on request.
For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 19 E below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
E. Where any claim or part of a claim relates to any transport (including the process of getting on/off the transport) provided by any air, sea, rail or road carrier or any stay in an hotel, the maximum we will have to pay you in respect of that claim or that part of a claim if we are found liable to you on any basis is the maximum which would be payable by the carrier or hotelier concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, Athens Convention for international travel by sea, Warsaw Convention as amended or unamended the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Berne Convention for international travel by rail). Where the carrier or hotelier would not be obliged to make any payment to you under the international convention or regulation in respect of a claim or part of a claim, we are similarly not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available on request.
F. Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) 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 (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.
20. Complaints
In the unlikely event that you have any reason to complain about any arrangements whilst away, you must immediately inform the airline or supplier of the service(s) in question. Any verbal notification must be confirmed in writing to the airline / supplier as soon as possible. If the complaint cannot be resolved to your satisfaction straightaway, you should also contact us (9am to 7pm) on 0141 226 6222, or email us at customer.relations@travelbag.co.uk as soon as possible and we will do our best to assist. If you remain dissatisfied, you must write to our Customer Relations Manager at Travelbag, SP1/8, Skypark, 8 Elliot Place, Glasgow, G3 8EP within 28 days of the end of your arrangements giving your booking reference and full details of your complaint. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
21. Arbitration
Disputes arising out of, or in connection with your contract with Travelbag which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by ABTA and administered independently by IDRS part of the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com).
22. Passports, visas and health requirements
Passport, visa and health requirements may change and you must check the up to date position in good time before departure. For packages, the passport, visa and health requirements applicable at the time of printing to British citizens are shown in our applicable brochure or will be advised by us at the time of booking. A full British passport presently takes approximately 2 to 6 weeks to obtain depending on whether you are renewing your passport or obtaining one for the first time but you should allow more time if possible. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this.
Information on health is contained in the Department of Health leaflet T7 (Health Advice for Travellers) available from the Department of Health by telephone on 0870 1555455 or via its website www.dh.gov.uk and from most Post Offices. Please also check the up to date position in relation to recommended vaccinations and other health precautions with your GP in good time before departure.
It is your responsibility to ensure that all members of your party are in possession of a valid passport and all necessary visas, travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country( ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results in any fines, surcharges, other financial penalty, expenses or other sums of any description being imposed on or incurred by us, you will be responsible for reimbursing us accordingly.
23. Conditions of suppliers
The services which make up your arrangements are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions (see above). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned (the airlines' conditions of carriage are available on their respective websites).
24. Behaviour
It is your responsibility to ensure that you and all members of your party do not behave in a way which is inappropriate or causes danger, distress, offence or damage to others or which risks damage to property belonging to others (including but not limited to drunkenness and air rage). If, in our reasonable opinion or that of our suppliers, your behaviour is inappropriate and causes danger, distress, offence, or damage to others, or risks damage to property belonging to others, we and/or our agents and/or our suppliers (e.g. including representatives on their behalf such as hotel managers, airline pilots) may take appropriate action in order to ensure the safety and comfort of our customers and their property and that of our agents and suppliers, including terminating your arrangements, in which case our and our agents' and suppliers' responsibility to you will cease immediately and you will not be eligible for any refunds, payments of compensation and/or any reimbursement of any cost or expenses you may incur as a result of such termination. Further, you will be liable to reimburse us for any expenses we incur necessarily as a result of such termination.
25. Financial security
We hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 2959). When you buy an ATOL protected air inclusive holiday from us you will receive a confirmation invoice confirming your arrangements and your protection under our ATOL. In the unlikely event of our insolvency the CAA will ensure that you are not left stranded abroad and will arrange to refund any money you have paid to us for an advance booking. * The air inclusive holidays we arrange are ATOL protected providing either the person who pays for the booking is present in the UK when the booking is made or the first leg of any flight or flights we arrange for you commences in the UK. For further information, visit the ATOL website at
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