TERMS and conditions
1. DEFINITIONS
Throughout these Terms and Conditions the following definitions apply:
“la Concordia”, “la Concordia Personal Travel”, “us”, “we” and “our” refer to la Concordia Personal Travel Planning LLP, a limited liability partnership registered in England with registration number OC374977 and registered office address: 11 Wolseley Place, Manchester, M20 3LR.
“Package(s)” has the meaning as set out in The Package Travel and Linked Travel Arrangements Regulations 2018.
A “Package Organiser” is a trader who combines and sells, or offers for sale, Packages. We do not act as a Package Organiser ourselves, but act as an Agent on behalf of our trusted ATOL bonded tour operator partners here in the UK, referred to throughout these Terms and Conditions as a “Third Party Package Organiser”.
“Travel Arrangements” mean the accommodation, flights, transport, car hire, activities, excursions, Packages, tours and any other travel services we arrange on your behalf whether directly or as an Agent on behalf of a Third Party Package Organiser or a Third Party Supplier/Principal (as defined below).
“Third Party Supplier/Principal” refers to suppliers we use to provide your Travel Arrangements, including but not limited to: airlines, hotels, ATOL bonded tour operators and our preferred partners in the country (countries) you are travelling to.
“Agent” refers to la Concordia Personal Travel acting for a Third Party Supplier/Principal or Third Party Package Organiser in arranging or booking on your behalf, Travel Arrangements. Your contract for the provision of the Travel Arrangements shall be with these Third Party Supplier/Principals or Third Party Package Organisers.
“You” and “your” refers to all persons named on the booking, which includes anyone who is added on or substituted by at a later date.
2. HOW WE WORK
To ensure we provide you with a truly personalised itinerary, recommendations and/or Travel Arrangements, we follow a process which is designed to help us to understand exactly what your expectations are for your travel experience, as well as your preferences to ensure the trip is as tailored as possible to you.
We start with an initial discussion (either on the phone, via email or in person) to get the details of where you want to go, when, what activities you want to do as well as your travel style, preferences, likes, dislikes and more so that we can really understand you.
Once we have all our information, we then put together our first proposal of the Travel Arrangements or a suggested itinerary including accommodation, recommended activities, transport and other details necessary for the trip. This will then be refined between us until we have an itinerary or Travel Arrangements you are happy with.
A few weeks before your trip, you will receive your final documents and tickets, provided all payments have been made in full. It is your responsibility to check that all names (which must be as per the relevant passport), dates, timings and all Travel Arrangement details are correct on receipt of all documents and advise us of any errors immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies. We will do our best to rectify any errors notified to us, but you will be liable for any costs associated in doing so.
The booking information that you provide to us will be passed on only to the relevant Third Party Supplier/Principal/Package Organiser of your Travel Arrangements or other persons necessary for the provision of your Travel Arrangements. The information may only be provided to public authorities such as customs or immigration if required by them, or as required by law.
On your return, we will be very excited to hear about your trip and would love to receive your frank and open feedback. This helps us improve our services and also helps us get to know you even better, so we will have just the right suggestions when you’re looking for inspiration on where to go next. You can email us (lesleyann@la-concordia.co.uk) or call us (+44 (0) 7734 540914) with your feedback, whichever suits you.
3. Planning FEE
We reserve the right to charge a planning fee for more complex itineraries and bookings we make. This covers the hours of research and planning that a bespoke trip entails. As each itinerary is crafted especially for you, there is a substantial amount of work involved. The fee is charged at £100 per hour and you will be advised if the fee is applicable to your trip in advance of us starting work.
4. Booking Conditions
These Terms and Conditions, together with our Privacy Policy and any other written information we bring to your attention before we confirm your booking, form the basis of your contract with la Concordia Personal Travel.
Please read these Terms and Conditions carefully as they set out our respective rights and obligations. Except where expressly stated, these Terms and Conditions only apply to Travel Arrangements booked by you with us and which we agree to make, provide or perform (as applicable) as part of our contract with you.
By making a booking with la Concordia Personal Travel you agree that:
i) you have read and understood these Terms and Conditions and have the authority to agree on behalf of all persons named on the booking to be bound by them and also the conditions of any Third Party Supplier/Principal/Package Organiser that apply to your Travel Arrangements;
ii) you are over 18 years of age and where placing an order for services with age restrictions declare that you are of the appropriate age to purchase those services;
iii) you consent to our use of personal data in accordance with our Privacy Policy and you are authorised on behalf of all persons named on the booking to disclose their personal details to us, including, where applicable, special categories of data (such as information on health conditions, disabilities and dietary requirements); and
iv) you accept financial responsibility for payment of the booking on behalf of all persons named on the booking.
5. Pricing of TRAVEL ARRANGEMENTS
We will provide you with a price for your Travel Arrangements as given to us by the relevant Third Party Supplier/Principal/Package Organiser. If these are UK based the price will be in UK Sterling.
When we create many of our itineraries, we work with our preferred partners on the ground in the country (or countries) you are travelling to. These are partners we have built excellent relationships with, who are experts in their country and obtain favourable rates from their suppliers. These preferred partners will provide a quote for the ground arrangements we are putting together for your trip, which make up your itinerary, such as accommodation, transfers, car hire, tours, etc., in US Dollars or Euros or another currency other than UK Sterling. When we provide you with a price for your Travel Arrangements we will quote it in both local currency and UK Sterling converted at the exchange rate on the day the price is issued to you. This price, in UK Sterling, will then be valid for 7 days and each subsequent re-quote will be converted into UK Sterling at the date the re-quote is issued. Your deposit payment will be based on the UK Sterling price as agreed between us for your Travel Arrangements at the time of your booking.
We will re-calculate the balance payment of your Travel Arrangements to UK Sterling based on the exchange rate prevailing on the date the final invoice for the balance payment is issued.
We endeavour to ensure that all the information and prices we provide to you are accurate however, occasionally changes and errors occur and we reserve the right to correct or amend prices and other details at any time. You must check the current price and all other details relating to the Travel Arrangements that you wish to book, before you make your booking.
We also reserve the right to increase the price of confirmed Travel Arrangements solely to allow for increases, which are as a direct consequence of changes in:
i) the price of the carriage of passengers resulting from the cost of fuel or other power sources; and
ii) the level of taxes or fees chargeable for services applicable to the Travel Arrangements by third parties not directly involved in the performance of the holiday, including tourist taxes imposed by local governments.
6. Making a booking
To make a booking you must:
i) confirm acceptance of your itinerary and quote, or price provided by us, in writing, by email;
ii) accept these Terms and Conditions and those of the relevant Third Party Supplier/Principal/Package Organiser, which will be provided to you in your quote.
iii) pay a deposit or full payment of the Travel Arrangements (please see Clause 7).
Your booking is confirmed and a contract between you and the Third Party Supplier/Principal/Package Organiser will exist when we send you a booking confirmation on their behalf. It is your responsibility to check all documents you receive are correct in terms of names (which must be the same as the relevant passport), dates and details of the Travel Arrangements and advise us of any errors immediately. Changes to these details may incur charges.
7. Payment
In order to book your chosen Travel Arrangements, you must pay a deposit where required by the Third Party Supplier/Principal/Package Organiser of the Travel Arrangements (or full payment if booking is within a set minimum days before departure or as requested by the Third Party Supplier/Principal/Package Organiser). We will provide you with a deposit invoice in order to make such payment.
If you have paid a deposit, you must pay the full balance by the balance due date notified to you. Final payments are generally due 60 days before departure unless you are notified otherwise (e.g. in your deposit invoice and/or your booking confirmation). You will receive a final invoice between 7 and 14 days prior to the final payment due date, which is the date that the funds must arrive with the Third Party Supplier/Principal/Package Organiser and not the date you make payment. If full payment is not received by the balance due date, we will notify the Third Party Supplier/Principal/Package Organiser who may cancel your booking and charge the cancellation fees set out in their booking conditions.
Bookings for Travel Arrangements will either be paid directly to the Third Party Supplier/Principal/Package Organiser or to us. In terms of payment direct to the Third Party Supplier/Principal/Package Organiser, we will make the payments on your behalf using your Credit, Debit or AMEX Card, after we have provided you with a price (all details held confidentially and in line with our Privacy Policy). We act as your Agent in arranging the Travel Arrangements with the Third Party Supplier/Principal/Package Organiser and making the necessary payments on your behalf and you hereby authorise us to do so. It is assumed that all the details you provide to us are correct and that there are sufficient funds to cover the amounts due. We shall have no liability in respect of the use of the Credit, Debit or AMEX Card, provided that we act with reasonable care and in accordance with your instructions.
In respect of monies paid to us for your Travel Arrangements, these will be held on behalf of the Third Party Supplier/Principal/Package Organiser in a protected trust account as part of our membership of the Travel Trust Association (Membership Number: Q8939) and forwarded on to them, in accordance with our agreement with the Third Party Supplier/Principal/Package Organiser.
8. ATOL PROTECTED PACKAGES PROVIDED BY THIRD PARTY PACKAGE ORGANISERS
If your confirmed Travel Arrangements with a UK Third Party Package Organiser includes a flight, 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 in the unlikely event of something going wrong. On receiving the Certificate you must check it and inform us of any errors immediately, since changes to your confirmed booking may not be possible after 48 hours of receiving the Certificate, and change fees may be incurred.
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 the supplier is unable to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (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 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 ATOL website at www.atol.org.uk. The price of any flight inclusive arrangements will include the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) which is paid to the CAA. This charge is included in your confirmed price.
9. Changes AND Cancellations by You
Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation from us of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Third Party Supplier/Principal/Package Organiser will meet such requests. Amendments and cancellations can only be accepted in accordance with the booking conditions of the Third Party Supplier/Principal/Package Organiser of your Travel Arrangements. As such, these will vary and can be found on your quote, itinerary and/or booking confirmation.
The Third Party Supplier/Principal/Package Organiser may charge the cancellation or amendment charges shown in their booking conditions, which may be as much as 100% of the cost of the Travel Arrangements and will normally increase closer to the date of departure.
If we incur irrecoverable charges / costs as a result of you changing or cancelling your Travel Arrangements we reserve the right to invoice you for these charges / costs in full.
We also reserve the right to invoice our planning fee (as per Clause 3) for the time we took putting in place the Travel Arrangements, if you decide to cancel them.
Please Note: Some Third Party Supplier/Principal/Package Organisers do not allow changes and therefore full cancellation charges may apply.
10. Accommodation Ratings AND Standards
All ratings are as provided by the relevant Third Party Supplier/Principal/Package Organiser. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.
11. INFORMATION SUPPLIED BY YOU
We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival, or any other fault of you.
12. Travel Insurance
It is a condition of you booking with us that you have the appropriate travel insurance in place before your departure date. It is your sole responsibility on behalf of all persons named on the booking confirmation to ensure you have the appropriate level of cover for the countries you are visiting and the activities you are looking to undertake. You should ensure that there are no exclusion clauses and that your insurance fully covers you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; medical requirements; and other expenses, from the point of booking until the completion of your trip. If you choose to travel without adequate insurance cover neither we nor the Third Party Supplier/Principal/Package Organiser will be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
Your insurance policy MUST include provisions covering you for ALL COVID-19 related issues.
13. OUR RECOMMENDATIONS TO YOU
We are committed to acting in your best interests and will do our utmost to create and deliver the perfect trip for you. For the avoidance of doubt, although we provide recommendations when planning and arranging your trip, you are deemed to be responsible for, and shall use your own skill and judgment as to the quality, value and suitability of any such recommendations.
14. VISA, PASSPORT AND HEALTH REQUIREMENTS
It is your responsibility to check and fulfil the passport, visa, health, vaccination and immigration requirements applicable to your itinerary and destination(s). You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. These requirements vary by country and nationality, so you must check the up to date position.
Please also ensure that the name on the passport corresponds with your airline tickets and that your passport contains at least one completely blank page to allow for immigration stamps. In addition, most countries now require passports to be valid for at least 6 months after your return date. Some visas must be obtained in advance of travel and so you should check all entry and immigration requirements as well as your passport in good time prior to departure. This can be done by reviewing information provided by the UK Foreign Travel Advice (www.gov.uk/foreign-travel-advice). However, we will also endeavour to help and provide relevant information on entry and visa requirements in relation to British Citizens only.
When it comes to health and disease prevention, it is your responsibility to ensure that you are aware of all recommended vaccinations and precautions in good time before departure. Some countries require certificates for mandatory vaccinations such as Yellow Fever. Health requirements and recommendations may change therefore you must check the up to date position before departure with your GP and/or travel clinic who can also advise your own individual requirements based on your personal medical history.
Neither we nor the Third Party Supplier/Principal/Package Organiser (where we act as Agent), accept any responsibility if you or any member of your party cannot travel, are denied entry into any country or incur any loss because you have not complied with any passport, visa, immigration requirements or health formalities.
15. Our Responsibility For Your Booking
Your contract is with the Third Party Supplier/Principal/Package Organiser and their booking conditions apply. As Agent, we accept no responsibility for the actual provision of the Travel Arrangements you have booked. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Travel Arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
16. Changes AND Cancellations by the Third Party Supplier/Principal/Package Organiser
We will inform you as soon as reasonably possible if the Third Party Supplier/Principal/Package Organiser needs to make a significant change to your confirmed Travel Arrangements or to cancel them. If the Third Party Supplier/Principal/Package Organiser offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. We will also liaise between you and the Third Party Supplier/Principal/Package Organiser in relation to any alternative arrangements offered by them, but we accept no liability for any changes or cancellations made to your Travel Arrangements by the Third Party Supplier/Principal/Package Organiser under your contract with them.
17. Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us (or the Third Party Supplier/Principal/Package Organiser, where we are acting as an Agent) to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your booking confirmation or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part. We do not accept bookings that are conditional upon any special requests being met.
18. Excursions
Excursions or other tours that are not listed in your itinerary which you may choose to book or pay for whilst you are on the holiday, are not part of your contracted Travel Arrangements with us. For any excursion or tour that you book, your contract will be with the operator of the excursion or tour and not with us. Although we, or our appointed local representatives, may, at your request, recommend certain suppliers or put you in touch with local organisations to provide additional excursions, events or activities, we are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
19. CONDITIONS OF SUPPLIERS
Many of the services which make up your Travel Arrangements are provided by independent Third Party Suppliers/Principals/Package Organisers. All bookings are subject to the additional terms and conditions of these Third Party Suppliers/Principals/Package Organisers and regulations of carriers/ transport proprietors/accommodation providers and service suppliers. Some of these terms and conditions may limit or exclude the Third Party Supplier/Principal/ Package Organiser’s liability to you, usually in accordance with applicable International Conventions and may set out additional cancellation terms. Copies of the relevant parts of these terms and conditions are available on request from us or the Third Party Supplier/Principal/Organiser concerned.
We select all Third Party Supplier/Principals/Package Organisers with due care and attention, only working with ones of the highest quality. However we cannot guarantee the Travel Arrangements they provide to you. We have no liability to you for any dissatisfaction, loss of enjoyment, loss, injury or damage which results from the services or products they provide, unless we have negligently failed to select a normally competent Third Party Supplier/Principal/Package Organiser.
20. FLIGHT TIMINGS AND TRAVEL DELAYS
In accordance with EU Regulations 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 shall 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. Any change in the identity of the carrier, flight timings, and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a "Community list" which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available at https://transport.ec.europa.eu/index_en.
The flight timings given when any flights are booked on your behalf, and detailed in your travel itinerary, are for general guidance only and are subject to change. We will contact you as soon as possible if this occurs. It is your responsibility to arrive in good time at the stated departure place and any loss or damage which you suffer through failure to do so lies with you, we have no liability whatsoever to you. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by the airline, you must pursue the airline for the compensation due to you, we have no liability to make any payment to you in this regard. In addition, we can accept no responsibility if you arrive late for the check in and miss your flight.
21. CUTTING YOUR TRIP SHORT
If you are forced to return home early, we cannot refund the cost of any Travel Arrangements you have not used. If you cut short your trip and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
22. Complaints
As the contract for your Travel Arrangements is between you and the Third Party Supplier/Principal/Package Organiser, any queries or concerns about your booking should be addressed to them. If you have a problem with your Travel Arrangements whilst using them, this must be reported to the Third Party Supplier/Principal/Package Organiser. If you fail to follow this procedure there will be less opportunity for the Third Party Supplier/Principal/Package Organiser to investigate and rectify your complaint and the amount of any compensation you may be entitled to may be reduced or extinguished as a result.
If you wish to complain when you return home, write to the Third Party Supplier/Principal/Package Organiser. You will see their name and contact details in any confirmation documents we send you. We will of course assist you with this if you wish. Please contact us at lesleyann@la-concordia.co.uk.
Please note that if you do not feel your complaint has been resolved satisfactorily, then you can also access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr.
23. ACCEPTANCE OF RISK
You acknowledge that travel and the products and services offered by us may involve a significant amount of risk to your health and safety. By travelling with us you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release us from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel, visiting foreign destinations and participating in adventurous activities. For certain activities in our itineraries, we will require that you confirm your assumption of responsibility by completing a participation waiver (the “Waiver”) prior to undertaking the activity. The Waiver will be provided locally by our appointed representatives before the start of the applicable activity.
You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries are often lower than the standards you may reasonably expect in the UK.
You agree that we are not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where our holidays operate.
You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs and you expressly assume the risks associated with travel under such conditions.
24. PERSONAL INFORMATION AND PRIVACY POLICY
Your privacy is important to us. We collect personal information from you when we start working with you. This information is necessary in order to plan your trip effectively, ensure your Travel Arrangements run smoothly and that they meet your requirements.
We process all personal information in accordance with the General Data Protection Regulation (GDPR). Should you have any questions about how we handle your personal information and that of your party, please refer to our Privacy Policy. Should you wish to stop hearing from us, by email or by any other means, please email us at lesleyann@la-concordia.co.uk detailing how you wish us to use and store your personal information.
We are required to collect Advance Passenger Information (API) for passengers prior to travel to many destinations. This information is required for immigration control and to aid aviation safety and security, and as such we require full passport details, passenger names, dates of birth and nationalities to pass onto the relevant airlines. In addition please note that we are required to pass on your mobile and email details to many airlines in case they need to contact you prior to travel. This information will not be retained by the airlines after your travel has been completed and will be used solely in the course of conducting your Travel Arrangements. We will not be held responsible if you fail to provide or comply with relevant API requirements.
25. Your Behaviour
You must strictly comply with all applicable laws and regulations of all countries and regions you are visiting. We expect you and/or your party to conduct yourselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion, the opinion of the Third Party Supplier/Principal/Package Organiser (where we are acting as an Agent) or in the opinion of any hotel manager, property owner, or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, or are acting illegally, we and/or the Third Party Supplier/Principal/Package Organiser reserve the right to terminate your booking immediately.
In the event of such termination our liability (or the Third Party Supplier/Principal/Package Organiser where we act as Agent) to you and/or your party will cease and you and/or your party will be required to leave your accommodation, transport or other arrangements immediately. Neither we nor the Third Party Supplier/Principal/Package Organiser will have any further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. Neither we nor the Third Party Supplier/Principal can be held responsible for the actions or behaviour of other customers or individuals who have no connection with your booking arrangements or with us.
You also agree to take all prudent measures in relation to your own safety whilst on holiday including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither we nor our Third Party Supplier/Principal/Package Organisers are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
26. FORCE MAJEURE
Except where otherwise expressly stated in these Terms and Conditions we (or the Third Party Supplier/Principal/Package Organiser, where we are acting as an Agent) will not be liable or pay you compensation if our contractual obligations to you are affected by Force Majeure. For the purpose of these Terms and Conditions, this means any event beyond our, the Third Supplier/Principal/Package Organiser or our/their supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination, epidemics or pandemics (including the ongoing effects of COVID-19) or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including any port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events out of the control of us or the supplier(s) concerned.
27. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed and construed in accordance with the laws of England and Wales. All disputes or differences which shall at any time arise between the parties concerning this agreement or its construction or effect or the rights, duties or liabilities of the parties under it or any other matter in any way connected with or arising out of the subject matter of this agreement shall be subject to the exclusive jurisdiction of the Courts of England.
28. Severability
If a court or relevant authority finds part of these Terms and Conditions illegal or unenforceable, the rest will continue in full force and effect. Each of the paragraphs of these terms operates separately.