CANADIAN AFFAIR - THE TRAVEL EXPERTS
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Our Liability To You

Our liability to you

We have taken reasonable and proper steps to ensure that arrangements have been made for the flights which are advertised on our website and in our brochure.


(1) In respect of Packages

We promise that your holiday arrangements will be made, performed or provided with reasonable skill and care. This means that 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 arrangements. Further, we will be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the courses of their employment or carrying out work we had asked them to do.


(2) In respect of other arrangements

We promise to use reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with these Terms and Conditions. Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your flight/accommodation/car hire, as well as using our reasonable skill and care in choosing our suppliers.


(3) In respect of Packages and other arrangements

We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from:

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 arrangements and which were unforeseeable or unavoidable; or

by reason of an event of "force majeure" as defined above.


(4) Except as specifically set out in these Terms and Conditions, we will not accept any further or different liability than the Package Travel, Package Tours and Package Holdings Regulations impose. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.


(5) We limit the maximum amount we may have to pay you for any claims you may make against us.

The maximum amount we will have to pay you where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) is a maximum of £50 per person affected unless a lower limitation applies to your claim under this clause.

For all other claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is equivalent to the value of the holiday cost per person (excluding 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. 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) Our liability to you for delay, death or bodily injury, or delay or damage to your baggage during or as a result of, carriage by air is limited in accordance with international conventions which govern carriage by air. These international conventions include The Montreal Convention http://www.iata.org/policy/consumer-pax-rights/Pages/mc99.aspx (1999) and The Convention for the Unification of Certain Rules Relating to International Carriage by Air, https://www.iata.org/policy/Documents/MC99_en.pdf signed at Warsaw, 12 October 1929 ("the Warsaw Convention"); and the Warsaw Convention as amended at The Hague on 28 September 1955, as amended by Additional Protocol No. 1 of Montreal (1975),as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975), and as amended at The Hague and by Additional Protocol No.4 of Montreal (1975); and as supplemented by the Guadalajara Convention (1961) where applicable.

The terms of these conventions are incorporated into and form part of your contract with us. In respect of death or personal injury, the liability of an air carrier under the Montreal Convention and the Warsaw Convention is limited to damage sustained in the case of death or bodily injury caused by an accident which takes place on board the aircraft or in the course of any of the operations of embarking or disembarking. You can get copies of the relevant conventions if you ask us for them or view them online. You should also note that these conventions limit or remove the airline's liability to you and the amount which the airline has to pay you. The airline will rely upon its 'conditions of carriage' which may limit or remove its liability to you and limit compensation under these international conventions.

Operational decisions may be taken by airlines and airports resulting in delays, diversions or rescheduling. We have no control over such decisions, and are therefore unable to accept responsibility for them. Where, as a result of circumstances beyond our control we are obliged to change or cancel your flight after departure, but before the end of your stay abroad, we will not pay compensation or reimburse you for expenses incurred. You should have adequate travel insurance for your holiday and claim via your insurance company for any loss or damage to luggage and/or personal possessions. In the event that any claim is made directly against us, our liability to pay compensation and/or the amount of compensation will be limited in accordance with the conventions referred to above.


(7) 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 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 hotel keeper 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 Bern Convention of 1961 on carriage by rail and the Athens Convention on carriage by sea). Where a carrier or hotel 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 will not be 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 transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and regulations are available from us on request.


(8) If we make any payment to you or any member of your party for any liability referred to above you and they must give us or our insurers the rights you or they may have to take action against the person or organisation responsible for causing such delay, death, bodily injury or damage and must co-operate fully with us in seeking recovery of any payment we make.


(9) Local Excursions/Activities/Events:We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our website (for example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you). Excursions, tours, activities or other events that you may choose to book or pay for whilst you are on holiday ("Local Events") are not part of your holiday provided by us and these website Terms and Conditions do not apply. For any Local Event your contract will be with the supplier of that Local Event and not with us. We are not responsible for the provision of the Local Event or for anything that happens during the course of its provision by the supplier. Please note that this position also includes all hazardous activities.


(10) The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice.



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