SECTION 3 Booking Conditions which will apply in addition to those set out in Section 1 if your contract is with Monarch - Monarch Holiday's responsibility for your booking
Monarch Holidays promises to use reasonable skill and care in the performance of its contractual obligations subject to and in accordance with these Booking Conditions. Monarch Holidays' contractual obligations consist of using its reasonable skill and care in selecting the accommodation providers who provide the accommodation you book with Monarch Holidays through Monarch Hotels. Providing Monarch Holidays has done so, it will have no responsibility for the actual accommodation or for the act(s) or omission(s) of the accommodation provider or any of its employees, agents, suppliers or sub-contractors or any other person(s) in any way connected with the accommodation. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim. Monarch Holidays 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 does not result from any failure on the part of Monarch Holidays to use reasonable skill and care in selecting the accommodation provider as referred to above. By way of example and not by way of limitation, Monarch Holidays will not be responsible any claim which results from any of the following: -
- the act(s) or omission(s) of the person(s) affected or any member(s) of their party or
- the act(s) or omission(s) of the accommodation provider or any of its employees, agents, suppliers or sub-contractors or any other person(s) in any way connected with the accommodation providing Monarch Holidays has used reasonable skill and care in selecting the accommodation provider or
- the act(s) or omission(s) of a third party not connected with the provision of your accommodation or
- any event(s) or circumstance(s) beyond the reasonable control of Monarch Holidays or the accommodation provider concerned.
Except where otherwise expressly stated in these Booking Conditions, Monarch Holidays cannot accept liability or pay any compensation where the performance or prompt performance of its obligations under its contract with you 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 any event(s) or circumstance(s) beyond the reasonable control of Monarch Holidays or the accommodation provider concerned as referred to in clause 1.14.
Subject to any lower limit which applies in accordance with e) below, Monarch Holidays limits the maximum amount it may have to pay you for any claim you may make against Monarch Holidays. Where Monarch Holidays is found liable for loss of and/or damage to any luggage or personal possessions (including money) the maximum amount Monarch Holidays will pay you is the maximum amount payable for the claim in question under the insurance policy Monarch Holidays offers as set out under the heading 'Summary of Principal Cover' unless a lower limitation applies to your claim under these Booking Conditions. These limits apply whether or not you take out Monarch Holidays' recommended insurance policy. A copy of the policy wording can be provided on request.
For all claims which do not involve death or personal injury, if Monarch Holidays is found liable to you on any basis, the maximum amount Monarch Holidays will have to pay you is twice the price (excluding any insurance premiums and amendment charges) paid for the accommodation concerned 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 have not received any benefit at all from your booking.
Monarch Holidays 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 Monarch Hotels or Monarch Holidays by you concerning your booking prior to its being accepted, Monarch Holidays could not have foreseen you would suffer or incur if it breached its contract with you or (2) which relate to any business.
Monarch Holidays cannot accept responsibility for any services which do not form part of its contract with you. This includes, for example, any additional services or facilities which your accommodation provider agrees to provide for you where the services or facilities are not advertised on the Monarch Hotels website and Monarch Hotels / Monarch Holidays has not agreed to arrange or provide them, any other services which make up your holiday other than your Monarch Hotels accommodation and any excursion or activity you book or purchase in resort. In addition, regardless of any wording used on the Monarch Hotels website, Monarch Holidays only promises to use reasonable skill and care as set out above and does not have any greater or different liability to you.
- Accommodation will be treated as having been properly provided by the accommodation provider if it complied with the applicable local laws and regulations of the country in which the accommodation is located at the time of the claim or complaint arose. This will be the case even if the accommodation did not comply with the laws and regulations of the UK which would have applied had the accommodation been provided in the UK . The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.
- If Monarch Holidays makes a payment to you under Principal Assured, upon receipt of such payment you agree to assist Monarch Holidays in any claim it may make against any relevant third party(ies) which relate to that payment. Furthermore, you agree to assign all rights and causes of action you may have against the relevant third party(ies) related to the payment to Monarch Holidays, so that it may bring a claim in your name to recover its loss. Any costs associated with any such claim will be borne by Monarch Holidays and all sums recovered by Monarch Holidays will belong to Monarch Holidays.