Terms & Conditions
YOUR CONTRACT IS WITH TANGNEY TOURS LTD.
Tangney Tours Limited, 3 Station Court, Station Approach, Borough Green, Kent, TN15 8AF
Company number 03585640
These booking conditions and the tour specific information and terms on our website form the basis of our contract with you, the consumer. In these booking conditions, you and your means all persons named on the booking, or any of them, as the context requires (including anyone who is added or substituted at a later date), and tour means the travel arrangements we offer and, where applicable, specifically make for you in accordance with our contract. We, us and our mean Tangney Tours Ltd and party leader means the person who makes the booking.
OUR TOUR PRICES
We offer our tours at realistic prices, which include all the facilities necessary for you to complete your journey in comfort and without the need to pay extra costs (except where stated). The choice of hotel accommodation is crucial to the enjoyment of any tour. Our choice of hotels is based on years of experience and a commitment to fulfil our responsibility to our clients in this vital aspect of a tour.
Our published prices are fully inclusive of transportation costs (except where shown otherwise), known taxes at the time of booking, guiding and other items confirmed when booking and are priced on a realistic exchange rate at the time of publication.
We invite you to consult us about any aspect of our tour programme and to compare our offer with those of other operators.
To make a booking, the party leader (who must be at least 18) should contact us via our website or one of our authorised travel agents or by email or telephone to the email address or telephone number shown on our website. When you are ready to confirm your booking, you will need to pay the applicable per person deposit shown on our website.
Any authorised travel agent of ours through whom you make a booking will relay information from you to us and vice versa. For the purposes of compliance with time limits or limitation periods as set out or referred to in these booking conditions, receipt by such an authorised travel agent of messages, requests or complaints intended for us will be treated as receipt by us. However, we are not responsible for any advice given to you by your travel agent that did not originate from us.
CONFIRMATION
Our confirmation of your booking is the invoice sent to the party leader or your travel agent showing what has been booked on your behalf. Please check your confirmation invoice, travel documents and anything else we send you in relation to your booking as soon as you receive them. Contact us immediately if any information appears to be incorrect or incomplete as it may not be possible to make changes later. We regret that we cannot accept any liability if we are not notified of any inaccuracy (for which we are responsible) in any document within 14 days of it being sent to the party leader. We will endeavour to rectify any inaccuracies notified to us outside this time limit but you will be required to meet any costs involved in doing so.
PAYMENT
Once you have received your confirmation of booking, the balance of payment due must be paid to us ten weeks prior to departure. This date is shown on the confirmation invoice. If a booking is made within ten weeks of departure, full payment must be made on receipt by the party leader of the confirmation invoice. Reminders are not sent. If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown under Cancellation By You below depending on the date we reasonably treat your booking as cancelled.
The party leader is responsible for all those named on the booking and for making all payments due to us. All correspondence will be sent to the party leader at the email or postal address shown on the booking form or to your travel agent.
YOUR CONTRACT
A binding contract between us comes into existence when we despatch our confirmation invoice to the party leader or your travel agent. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description arising between us (and whether or not involving any personal injury) which cannot be settled directly or through the AITO dispute settlement service (see below) must be dealt with by the courts of England and Wales only to the exclusion of all other courts unless you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
SPECIAL REQUESTS AND MEDICAL CONDITIONS / MOBILITY RESTRICTIONS / DISABILITIES
If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed it in writing. Failure to meet any special request which has not been specifically confirmed in writing will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you.
If you have any medical condition, disability or mobility restrictions which may affect your participation in the tour or have any special requirements as a result (including any which affect the booking process), please tell us before you confirm your booking so that we can assist in making or providing any required special arrangements. In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility restrictions occurs. You must also promptly advise us if any medical condition, disability or mobility restriction which may materially affect your participation in your tour develops after your booking has been confirmed so that we can make any required adjustments.
INSURANCE
We consider appropriate travel insurance to be essential and therefore include this in the cost of our tours for all tour participants who are resident in the UK and aged up to the maximum age specified in the policy details. This insurance covers a wide range of existing medical conditions, details of which are shown on our website. It is the party leader’s responsibility to check that all medical conditions which tour participants have are covered by the policy and to notify us and obtain additional appropriate cover if this is not the case.
FINANCIAL SECURITY
We hold an Air Travel Organiser’s Licence (ATOL) issued by the Civil Aviation Authority (ATOL number 1220). When you buy an ATOL protected flight or flight inclusive package from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances, the alternative ATOL holder will perform those obligations, and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases, it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit, you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent or your credit card issuer where applicable. You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
For further information, visit the CAA’s website at www.atol.org.uk
For tours which do not include flights, the Association of Bonded Travel Organisers Trust Limited (ABTOT), of which we are a member, provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Tangney Tours Limited in the event of our insolvency.
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly from Tangney Tours Limited.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
FINANCIAL SAFEGUARD
Any money paid to an authorised travel agent of ours in respect of a confirmed tour with Tangney Tours is at all times held on our behalf until paid to us.
HEALTH
There are no compulsory vaccinations necessary to visit any of the countries we feature on our website. It is your responsibility to ensure you obtain details of and comply with all recommended vaccinations, health precautions and other health related measures in good time before departure. Details are be available from your GP surgery, local travel clinic and the National Travel Health Network and Centre at http://travelhealthpro.org.uk/ Information on accessing health services abroad is also available on www.nhs.uk/using-the-nhs/healthcare-abroad/
You should obtain a UK GHIC (UK Global Health Insurance Card) or UK EHIC (UK European Health Insurance Card) prior to departure from www.ghic.org.uk. A UK GHIC or UK EHIC is not a substitute for travel insurance and the cover provided varies from country to country. Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please therefore check with a doctor or clinic not less than 6 weeks prior to departure to ensure that you have met or can meet the necessary requirements and have the applicable information especially if you are travelling outside the EU.
It is the responsibility of the party leader to ensure that all persons travelling are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being incurred by us, the party leader will be responsible for reimbursing us accordingly.
If you are undergoing medical treatment when you travel on tour with us, you must obtain written confirmation that you are fit to travel from your doctor. Any certificates relating to your fitness to travel which you may have, should be taken with you, along with your medication, and should be carried in your hand luggage.
PASSPORTS, VISAS AND AUTHORISATION TO TRAVEL
British citizens require a British passport and any required visa(s) or authorisation to travel / enter a country or block of countries (such as an ESTA for travel the USA and ETIAS for travel to the EU from the end of 2026) where indicated. Requirements may change and you must check the up-to-date position in good time before departure. A British citizen’s passport presently takes approximately 2 to 6 weeks to obtain. If you are 16 or over and haven’t yet held a passport, you should apply for one at least 6 weeks before your tour. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. If you are not a British citizen or hold a non-British passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) to or through which you are intending to travel. It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, the party leader will be responsible for reimbursing us accordingly.
FOREIGN OFFICE ADVICE
The UK Foreign, Commonwealth and Development Office publishes regularly updated travel information on its websites www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are recommended to consult before booking and in good time before departure.
CHANGES AND CANCELLATION OF ADVERTISED AND CONFIRMED TOUR ARRANGEMENTS BY US
(1) We reserve the right to make changes to advertised and confirmed tour programmes and arrangements both before and after we enter into a contract with you. Any significant change made to a tour programme itinerary or to any other aspect of the tour arrangements will be advised to you at the time of booking or as soon as practically possible after we become aware of any change.
(2) Most changes are minor / not significant. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requests which we have accepted. Where we do so, sub-clauses (5) and (6) of this section will apply. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower standard (taking account of the local star rating and our price categories) for the whole or a major part of the time you are away, a change of outward departure time of 12 or more hours, a change of UK departure point to one which is significantly more inconvenient for you (except as between London airports Heathrow, Gatwick, Stansted and Luton) and a significant change of itinerary missing out one or more major destination substantially or altogether.
(3) All alterations which are not significant in accordance with sub-clause (2) above will be treated as insignificant changes. A change of confirmed accommodation to that of a similar standard, in a similar location and with similar facilities will be treated as an insignificant change.
(4) All tours require a minimum number of bookings to enable us to operate them. We reserve the right to cancel any tour where the applicable minimum number is not achieved. You will be advised before your booking is accepted of the minimum number applicable to your tour. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason not later than 70 days before departure.
(5) We undertake not to cancel your tour once you have received your confirmation invoice from us unless (1) the number of persons booked on the tour 70 days before departure is not sufficient for us to operate it or (2) we have to do so as a result of unavoidable and extraordinary circumstances (see below).
(6) In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible:
(i) the proposed alteration and any impact this has on the price;
(ii) in the event that you do not wish to accept the alteration, details of any alternative tour arrangements we are able to offer (including the applicable price);
(iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative tour arrangements offered; and
(iv) the period within which you must inform us of your decision and what will happen if you don’t do so.
(7) If you choose to cancel your booking in accordance with sub-clause (6)(iii) above, we will refund all payments you have made to us within 14 days of the date the cancellation takes effect (which will usually be the date we send you a cancellation invoice). If we don’t hear from you with your decision within the specified period (having provided you with the above-mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of the effective date of cancellation. No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see below).
(8) Occasionally, it may be necessary for us to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted tour arrangements as a result of unavoidable and extraordinary circumstances and we notify you of this as soon as reasonably possible or (ii) (where applicable) we have to cancel because the minimum number of bookings necessary for us to operate your group tour has not been achieved and we notify you of cancellation for this reason no later than 10 weeks prior to departure. Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the effective date of termination but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred. We will of course endeavour to offer you alternative holiday arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case the cancellation charges set out in Cancellation by You will apply.
(9) In the event that unavoidable and extraordinary circumstances occur in the place of destination of your tour or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges by notifying us of your wish to do so in writing. You will then be entitled to receive a full refund of all monies you have paid to us (except for any previously incurred amendment or cancellation charges). Where applicable, you must notify us of your wish to cancel for this reason in writing. Providing we are in agreement that you are entitled to do so in accordance with this clause, we will send you a cancellation invoice to confirm the cancellation. Any refund then due will be paid within 14 days of this date. We will notify you as soon as practicable should this situation occur. You will not be entitled to any compensation.
(10) If after departure, we cannot operate your tour largely as advertised, we will offer alternative arrangements for you to complete your stay at the destination and where appropriate a refund of any difference in the value of the services supplied and those contracted for. If this is not possible or for good reason you do not accept the alternative arrangements offered, we will arrange for equivalent transport for you back to the departure point of your tour in the United Kingdom as soon as reasonably possible.
UNAVOIDABLE AND EXCEPTIONAL CIRCUMSTANCES (UEC)
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 with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of unavoidable and extraordinary circumstances. In these booking conditions, unavoidable and extraordinary circumstances mean a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations may include, without limitation and whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, exceptional adverse weather conditions, fire, flood, an outbreak of serious illness at your tour destination, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity.
TRAVEL DELAYS
The airlines, both scheduled and charter, coach companies, trains and ferries we contract for our clients are all of good repute. However, in the unlikely event of a delay, howsoever caused, we cannot be held liable for any costs incurred or inconvenience suffered. We will always do our best to assist with passenger comfort if a delay occurs. We do not own any aircraft, coaches, ferries or trains. Any airline concerned may provide refreshments depending on the length of the delay.
FLIGHTS
In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec-europa.eu/transport/modes/air/safety/air-ban_en In addition, we are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we will inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as referred to above as a result of which we/ the carrier are unable to offer you a suitable alternative, the provisions of Changes and Cancellation of Advertised and Confirmed Tour Arrangements by us above will apply.
The flight timings shown on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
Specific instructions relating to departure and travel arrangements will be sent to the party leader approximately 2 weeks before departure. You must check all such information very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed after this point. We will contact you as soon as possible if this occurs.
Any change in the identity of the carrier, flight timings and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where otherwise specified in these conditions.
CONDITIONS OF SUPPLIERS
The services which make up your tour arrangements are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions or EU regulations. Copies of the relevant provisions are available on request from us or the supplier concerned.
ASSISTANCE WHILST YOU ARE ON TOUR
In the event you end up in difficulty (of any sort) during your tour, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
COMPLAINTS
If you have a complaint about any of the services provided to you, you must immediately inform our local representative. We will take prompt action to rectify matters. If you feel a complaint has not been satisfactorily resolved, you must give details in writing to our local representative and the supplier concerned at the time and write to us giving full details of your complaint within 28 days of the return date of the tour. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause. If we cannot reach an amicable resolution, AITO offers an independent low-cost dispute settlement scheme. Details available from us or AITO on request.
CANCELLATION BY YOU
Cancellation by you will take effect on the date we receive this in writing. Cancellation of the whole booking requires notification by the party leader. We will apply the following scale of cancellation charges based on the period before departure notice in writing is received by us. Where applicable, this is expressed as a percentage of the total tour cost excluding any insurance premiums and amendment charges incurred which are non-refundable in the event of cancellation by you.
Period Charge before departure
Up to 70 days: loss of deposit
69 – 29 days: 50% of the cost (or deposit if greater)
28 – 15 days: 80% of the cost
14 days or less: 100% of the cost
Outline details of the insurance cover, included in the cost of your tour where you are a resident of the UK and aged up to the maximum age specified in the policy details, are shown on our website.
SPECIAL NOTICE
We reserve the right to ask any passenger who behaves inappropriately to leave any of our tours. We cannot guarantee in these circumstances to organise the passenger’s return to their joining point. We reserve the right to pass on to the passenger any costs incurred by Tangney Tours should inappropriate behaviour result in such costs.
CHANGE OF DATE OR PERSON
You may transfer your reservation to another tour provided this is done no later than 42 days prior to your departure, subject to our receiving full payment of the price of the applicable tour no later than 70 days before departure. You may transfer your reservation to another person provided this is done at the time you inform us of your decision not to travel, the substitute person complies with the conditions applicable to the booking and the transfer request is made no later than 7 days before departure. An administration fee, not exceeding £75 per person, may be made by Tangney Tours and any airline or other supplier charges for making the transfer must be paid. The airline may require full payment for the flight to be made again before it will agree to transfer the booking. All other changes are subject to availability and may require payment of an administration charge and the relevant supplier’s charges, where applicable.
REVISION OF TOUR PRICE AND CURRENCY
Our published prices are based on contracted air fares, hotel and transportation costs, existing airport taxes and current VAT rates and applicability in the countries concerned. All costs and charges are shown on our website. Currency costs are recorded on the 1st December 2025 and based on the following €1.12 = £1.00, $1.23 = £1.00.
PRICE PROTECTION
We reserve the right to make changes to and correct errors in advertised prices at any time before your tour is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. Once the price of your chosen tour has been confirmed at the time of booking, we will only increase or decrease it in the following circumstances. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in our transportation costs or in dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports or in the exchange rates which have been used to calculate the cost of your tour.
We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your tour arrangements, excluding insurance premiums and any amendment charges. You will be charged for any increase in our costs over and above that. If any surcharge is greater than 8% of the total tour cost, the clause headed CHANGES AND CANCELLATION OF ADVERTISED AND CONFIRMED TOUR ARRANGEMENTS BY US will apply on the basis the surcharge is a significant change. You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not less than 20 days before departure. Where a reduction is applicable, we are entitled to deduct our administrative expenses from the refund. Any surcharge must be paid with the balance of the holiday cost or within 14 days of the issue date printed on the invoice, whichever is the later unless you tell us within that time that you wish to cancel where you are entitled to do so.
A refund will only be payable if the decrease in our costs exceeds 2% of the total cost of your tour as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs.
We promise not to levy a surcharge within 20 days of departure. No refund will be payable during this period either.
Note: All information appearing on our website is published in good faith and believed to be correct at the time of publication. No liability can be accepted for any errors or omissions. All prices to be confirmed by Tangney Tours at the time of booking.
OUR LIABILITY TO YOU
(1) We promise to make sure that the tour arrangements we have agreed to make, perform or provide as part of our contract with you are made, performed or provided 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 arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing your contracted tour arrangements. Please note, it is your responsibility to show that 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 and suppliers 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 and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example, loss of enjoyment or personal possessions), damage, expense, cost or other sum or claim of any nature whatsoever which results from any of the following: –
the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
the act(s) and/or omission(s) of a third party not connected with the provision of your tour arrangements and which were unforeseeable or unavoidable or
unavoidable and extraordinary circumstances as defined in UNAVOIDABLE AND EXCEPTIONAL CIRCUMSTANCES (UEC) above
(3) Please 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 hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. In addition, regardless of any wording used by us on our website or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and applicable standards of the country in which your claim occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the services which give rise to the claim were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the tour in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in sub-clause (1) of OUR LIABILITY TO YOU. We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(5) Except where permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost (excluding any insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause (6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Where any 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 and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotelier concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea and COTIF, the Convention on International Travel by Rail). Please note; where a carrier or hotelier 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 similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description which (1) 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) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any expenses or losses which relate to a business (including self-employed loss of earnings).