our commitment to you - our assurance on standards and assumption of liability
(a) We promise to make sure that all parts of the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided by our suppliers with reasonable skill and care. This means that subject to these Booking Conditions we will accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient as a result of any failure by ourselves or our employees, agents, suppliers or sub-contractors (as applicable) to use reasonable skill and care in accordance with local standards in making, performing or providing, as applicable, your contracted holiday 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. 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).
Please note that any villa/accommodation only bookings or fly-drive bookings are not package holidays in accordance with the Package Travel, Package Holidays and Package Tours Regulations 1992, and therefore our liability to you is different to that relating to package holidays. Our liability extends only to using reasonable skill and care in the selection of our relevant suppliers. We have no liability to you for the actual provision of the accommodation or other services, including anything that happens in the accommodation or any acts or omissions of the supplier or any other third party.
(b) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
- the act(s) and/or omission(s) of the person(s) affected/you or another member of your party; or
- the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable; or
- unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
- an event which we or the supplier of services, even with all due care, could not foresee or forestall.
(c) 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 obligations under our contract is prevented or affected by or you otherwise suffer any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever 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 (actual or threatened) may include war, riot, civil strife, terrorist activity, industrial dispute, epidemics, insolvency of airlines, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
(d) Except where otherwise expressly stated in these Booking Conditions, where any successful claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on or off the transport concerned) provided by any air, sea, rail, inland waterway or road carrier or any stay at an accommodation, the maximum amount of compensation paid to you will be limited. The maximum we will pay you for 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 under the applicable International Convention or Regulation which applies to the travel arrangements in question (for example, but not limited to: the Warsaw Convention unamended or as amended for international travel by air, the Montreal Convention for international travel by air 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, the Athens Convention for international travel by sea and/or EU Regulation 392/2009 on the liability of carriers of passengers by sea for international and national travel by sea (from 31 December 2012), the Strasbourg Convention for inland waterways, the Berne Convention for travel by rail, and the Paris Convention in respect of the provision of accommodation) in that situation.
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. Copies of the applicable International Conventions and Regulations are available from us on request.
(e) As set out in these Booking Conditions, we limit the maximum 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 pay you is £1,500 unless a lower limit applies to your claim under this clause or clause 7(d) above. 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.
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 three times the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total for their holiday unless a lower limitation applies to your claim under clause 7(d). The actual amount payable will vary according to the nature and seriousness of the claim.
(f) You must notify us of any complaint or claim in accordance with clause 17 “If You Have a Complaint”. 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.
(g) Please note, 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 in resort - please also see clause 7(i) “Excursions and Activities”. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out in clause 7(a) and we do not have any greater or different liability to you.
(h) 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, Cosmos Holidays Ltd, Wren Court, 17 London Road, Bromley, Kent BR1 1DE.
(i) 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, and 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 neither 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 clause 7(a) of our Booking Conditions 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. We do not, however, exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury. If we are found liable in any respect for any such activity or excursion (for example in our capacity as booking agent), that liability is limited to the cost of the particular activity or excursion concerned.
In the event of any such liability arising on any basis, we are also entitled to rely on clauses 7(b), (c), (d), (e) (in relation to luggage and personal possessions) and (g). Any claim must also be notified in accordance with clause 17.
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 ourselves or that any such advice or assistance is given on our behalf.
(j) If we become aware of any material alterations to the resort/area information which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.