Your agreement with us is an agreement for services. Where we provide the services, facilities or travel arrangements which make up your Package, we have a legal duty to use reasonable skill and care in providing them to you. Where we do not ourselves provide the services, facilities or travel arrangements which make up your Package, and we have arranged for third parties to provide the services, facilities or travel arrangements which make up your Package, we have a legal duty to use reasonable skill and care in making the arrangements for these third-party suppliers to provide the services, facilities or travel arrangements to you. If we comply with any applicable regulatory or legal requirements (such as, for example, those of the Civil Aviation Authority) that will mean we and our suppliers have properly performed our obligations to you under our contract with you. Taking reasonable skill and care doesn’t necessarily mean we have to comply with each and every local law and regulation particularly where these impose absolute obligations. You must show that reasonable skill and care hasn’t been used by us or our supplier if you wish to make any claim against us.
We also have a liability to you for the performance of the travel services included in your Package under the PTR, irrespective of the fact that the travel services might actually be provided by one of our third-party suppliers
You must tell us immediately of any failure to perform or improper performance of your Package (“Failure”), by calling the number at the top of your Confirmation Invoice or Accommodation Voucher. This will give us the opportunity to resolve the Failure whilst you are on your holiday. If we refuse to do so, or it’s necessary to resolve the Failure immediately, then you may resolve the Failure yourself and request reimbursement of reasonable expenses from us. However, these rights will not arise if remedying the Failure is impossible or entails disproportionate costs. In that case, your only right will be to seek a price reduction or compensation in accordance with paragraph B11.
If a significant proportion of the travel services included in your Package cannot be provided, we shall offer, at no extra cost to you, suitable alternative arrangements for the continuation of your Package. The alternative arrangements shall, where possible, be of equivalent or higher quality. Where they are of lower quality you will be entitled to a price reduction. You may only reject the alternative arrangements we offer to you if they are not comparable to what was included in your original Package or if the price reduction, we offer to you is inadequate. If you do reject the alternative arrangements, or if we are not able to offer them, then you may, where appropriate, be entitled to a price reduction and/or compensation in accordance with paragraph B11.
If a Failure substantially affects the performance of your Package, and we have not resolved the problem within a reasonable period of time, you may cancel the remainder of your Package without paying a termination fee. If you do decide to cancel, then if your Package included transport to the destination, we shall repatriate you to your place of departure, as soon as reasonably possible, at no extra cost to you. You may, where appropriate, be entitled to a price reduction and/or compensation in accordance with paragraph B11.
If we are unable to ensure your return to your place of departure because of Circumstances Beyond Our Control, we shall bear the cost of necessary accommodation, if possible, of equivalent category, for a period not exceeding three nights. This limitation shall not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we had been notified of their particular needs at least 48 hours before the start of the Package.
If a longer period of accommodation than that referred to in the paragraph above is provided for in EU or EC passenger rights legislation (described in the PTR as ‘Union passenger rights legislation’) concerning your mode of return transport, or such legislation does not allow the transport provider to limit its obligations as described above in the event of Circumstances Beyond our Control, then the limits set out in such legislation will apply instead.