(a) We promise to make sure that all parts of your holiday arrangements are performed with reasonable skill and care, including our suppliers who will perform the services in accordance with applicable local standards. If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. Please note it is your responsibility to show that the required reasonable skill and care has not been used if you wish to make a claim against us. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control or force majeure, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. For the purposes of these Booking Conditions, ‘force majeure’ events (actual or threatened) may include war, riot, civil strife, terrorist activity and its consequences, industrial dispute, epidemics, insolvency of airlines, natural or nuclear disaster, adverse weather conditions, fire, epidemics and pandemics, unavoidable technical problems with transport and all similar events outside our control. In addition, we will only be responsible for what our employees, agents, suppliers and sub-contractors do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents, suppliers and sub-contractors).
(b) 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 (excluding insurance premiums and amendment charges), unless a lower limitation applies to your claim under this clause 7. Where we are found liable for loss of and/ or damage to any luggage or personal possessions (including money) the maximum amount we will pay you is £1,500 unless a lower limit applies to your claim under this clause. Please note that personal luggage claims are based on the value of the goods at the time they are lost and not on a new-for-old basis or replacement-cost basis. Therefore a deduction is made for wear, tear, and depreciation. Our liability will also be limited in accordance with and/or in an identical manner to:
• The contractual terms of the companies who provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
• Any relevant international convention, for example the Warsaw or Montreal Conventions and/or for carriers with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability No. 2027/97 as amended by EC Regulation No. 889/2002 for national and international travel by air in respect of travel by air, the Athens Convention in respect of travel by sea, the Strasbourg Convention for inland waterways (as set out in clause 5 above), 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 compensation that you can claim 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 compensation contained in these or any conventions.
Please note: Where a carrier or accommodation supplier would not be obliged to make any payment to you under the applicable 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. You must give credit for all payments due or received from any carrier or accommodation supplier, which relate to the claim in question.
(c) You must notify us of any complaint or claim in accordance with clause 8 “Our complaints procedure”. For all claims, any person(s) to whom we make any payment (and their parent or guardian if that person is under 18) must also assign to us or our insurers any rights they may have to pursue any third party in connection with the claim. You must provide us and our insurers with all assistance we or our insurers may reasonably require.
(d) We cannot accept any liability for any damage, loss, costs, expenses 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) any indirect or consequential loss, or loss relating to any employment and/or business transaction. Please also 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 accommodation supplier or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure or on our website and we have not agreed to arrange them. This also includes any excursion or activity you book or purchase through the `manage my booking’ online pre-departure facility or whilst in resort - please also see clause 7(f) ‘Excursions and Activities’.
(e) If you have had the misfortune to suffer illness, personal injury or death through misadventure during your holiday arising out of an activity which does not form part of your contracted holiday arrangements with us we will, in our reasonable discretion, offer to help where possible and appropriate in our reasonable discretion, by for example:
1) providing our general assistance;
2) paying your initial legal costs where you take legal action against the third party responsible for the injury, illness or death as a result (as long as we have agreed to pay them before you incur those costs and you have asked for our help within 28 days of the accident). All assistance (financial or otherwise) is subject to a maximum total cost to us of £1,000 per booking. We will not provide help with legal costs if you have a Legal Expenses Section in your Holiday Insurance Policy or any other insurance policy on which you are entitled to rely. Also, if you successfully claim for these costs against a third party, we will require you to reimburse us for any costs we have paid for or to you up to the maximum amount of the costs you actually receive or are entitled to receive. Requests for our assistance under this section should be sent direct to the Customer Services Manager, Archers Holidays, First Floor, Wells House, 15 Elmfield Road, Bromley, Kent BR1 1LT.
(f) Excursions and activities. We may provide you with information (on our website, in our brochure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting but which you cannot book with us in the UK, all of which are therefore not purchased as a component part of your package holiday (as defined under the Package Travel, Package Holidays and Package Tours Regulations 1992). We have no involvement in any such activities or excursions which are not run, supervised, nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. Where we, or any of our local representatives, make or take any booking for or from you in respect of any activity or excursion, we do so solely as booking agent for the organiser or operator of the activity or excursion. This is the case regardless of whether the activity or excursion is advertised or mentioned in our brochure, on our website, in resort, or elsewhere. Your contract for any such activity or excursion will be with the organiser or operator of that activity or excursion, and subject to their terms and conditions, and to local law and jurisdiction.
Except as set out below, we cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in this clause 7 or our Booking Conditions generally will not apply to them. We have no liability for any such activity or excursion or for any act(s) or omission(s) of the organiser or operator or for any of its/their employees or agents or any other person(s) connected with the activity or excursion. If we are found liable in any respect for any such activity or excursion , that liability is limited to the cost of the particular activity or excursion concerned and we are also entitled to rely on any further limits of liability as set out in these Booking Conditions, including but not limited to those relating to luggage and personal possessions. Any claim must also be notified in accordance with clause 8. We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the resort/area you are visiting generally, or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If we become aware of any material alterations to resort/area information and/or such excursions and activities which can reasonably be expected to affect your decision to book a holiday with us, we will try to pass on this information at the time of booking.
Please note: we only act as booking agent where our local representatives have been formally authorised by us to sell or book the activity or excursion in question. Our local representatives are instructed not to sell or book any activity, excursion, or other service which they have not been formally authorised to sell or book. We do not act as booking agent and have no other connection with or responsibility or liability for any activity or excursion where this is not the case. Any advice or assistance on or with any activity or excursion provided by any local representative does not mean or imply that the activity or excursion is sold by the local representative or us or that any such advice or assistance is given on our behalf.