13. Our Responsibilities & Liability:
1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organizer” of a Package and as such, we are responsible for the proper provision of all travel services included in your Package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Package holiday you may be entitled to an appropriate price reduction or reasonable compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your Package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show and prove that we or our supplier(s) have been negligent if you wish to make a claim against us.
2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
a. the acts and/or omissions of the person affected; or
b. the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
c. Force Majeure (as defined in clause 4).
3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
a) Loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your travel insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid 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 or your party has not received any benefit at all from your booking.
c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
d)The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
e) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
f) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
4) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
a. 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
b. relate to any business.
Reliance Tours & Travels makes arrangements with independent contractors such as airlines, transfer operators, hotels & other suppliers that provide the services that clients purchase. Although we are careful when selecting these suppliers, they are all independent parties and Reliance Tours & Travels has no control over them and is not responsible for their acts or omissions. Services provided by these independent parties are subject to applicable Provincial travel industry acts and the regulations thereunder, together with all applicable conditions imposed by the independent parties and their liability is limited by the tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements.
Reliance Tours & Travels is not responsible for any loss, damage or injury, whether physical or mental, or to property, resulting from any delay, substitution or deficiency of quality of equipment or service, or any act, omission, or negligence of any of the independent parties, their agents, servants, employees or subcontractors supplying any of the services or for any claims for such loss, damage, or injury, whether physical or mental, arising therefrom, or from any claim that arises by reason of any action or omission of any party other than Reliance Tours & Travels.
Reliance Tours & Travels is liable for any loss, damage or injury, whether physical or mental, arising from its own acts, omissions or negligence, is limited to the price of the Package and any services purchased by the client. Reliance Tours & Travels will also deduct any amount which a client receives or is entitled to receive from any supplier of services in relation to the complaint or claim in question from any amount owing by it.