1. Travellers will receive all essential information about the package before concluding the package travel contract.
2. There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
3. Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
4. Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
5. The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
6. Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
7. Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
8. Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
9. If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
10. Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
11. The organiser has to provide assistance if the traveller is in difficulty.
12. If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. We have taken out insolvency protection with the CAA for flight based packages and ABTA for non-flight based packages. You can contact ABTA – The Travel Association at 30 Park Street, London, SE1 9EQ; Tel: 0203 758 8779 www.abta.co.uk. You can contact the CAA Air Travel Organisers Licensing (ATOL) scheme Civil Aviation Authority at Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, if services are denied because of our insolvency.
13. More information on The Package Travel and Linked Travel Arrangements Regulations 2018 can be found on the following website: http://www.legislation.gov.uk/uksi/2018/634/regulation/1/made
To make your holiday booking, see your Travel Agent, visit cosmos.co.uk, or call us on 03300588237. Calls to 0330 numbers cost the same as a call to a 01 or 02 national number whether from a landline or mobile. Calls are also included in any bundle you may have with your phone provider.
Payment of the deposit indicates you have read and accepted these booking Terms & Conditions. You can also view a range of FAQs on our website cosmos.co.uk/support/faqs. Your booking is not confirmed until the deposit is processed by us and you receive a confirmation invoice.
Deposits of £150pp (Europe Bookings), £200pp (Worldwide), required to reserve your holiday. This deposit is non-refundable, unless your holiday is cancelled under the unavoidable and extraordinary circumstances section. Please note that some airfares and/or airlines have strict restrictions and they may require full payment at the time of booking. You may be asked to pay for such flights upfront as well as the above deposit. Once booked this will be non-changeable and non-refundable in the event of cancellation.
Final payment for your holiday is due 60 days prior to your date of departure. If booking within 60 days, then the final payment in full is required at time of booking. Reservations (land, cruise, and air) will be cancelled if final payment is not received by the final payment due date; cancellation penalties will apply, as detailed in the table in the `Booking Cancellations & Cancellation Fees’ section below. This may differ for group reservations.
You are responsible for verifying that everything on your invoice is accurate and complete, including dates of travel, options selected, and that each name matches the relevant passport. Where incorrect information is provided by you at the time of booking and a change is required, the change will be subject to the fees and penalties noted below in the `Booking Cancellation, Cancellation Fees and Changes section.
Cosmos accepts Visa, MasterCard, and American Express. No charges will be incurred for payments made by either credit or debit cards.
Holiday arrangements can be subject to change and we reserve the right to do so. If we must significantly alter any of the main characteristics of the travel services included in your holiday booking, we will inform you without delay. The following alterations are a non-exhaustive list of examples of what is considered a significant change.
A change of your departure airport (except between any local airports such as London airports)• A reduction in the number of nights of your holiday• A change of your resort area or your accommodation to a lower accommodation category for the full duration of your stay; • A change of your date of departure (please note that a flight which was scheduled to depart between 22.00 hours and 04.59 hours but which is changed to depart after midnight (or moved forward to depart before midnight) is not treated as a change of date); • A change from a day flight to a night flight if the time of your UK departure has changed by more than 4 hours. A night flight is one planned to depart from the UK between 22:00 hours and 04:59 hours; • A change in time of your scheduled departure or return flight by more than 12 hours (but not a flight delay) • An increase in the price of your holiday for changes in transportation costs by more than 8% of the total holiday price excluding any premiums and amendment charges as detailed in the `Price Policy’ section • If the minimum number of passengers is not achieved.
When we are compelled to make a significant alteration to any of the main characteristics of the travel services including minimum numbers not being met, you will have the option to accept the change, or where available accept an alternative holiday of equivalent or similar standard and price at no extra cost, or alternatively to accept a less expensive holiday (if available), in which case we will refund the difference in price to you. Alternatively, you will be entitled to cancel your holiday free of charge and receive a full refund. We cannot assume responsibility for any additional costs or any fees relating to arrangements not made through us.
Any compensation payable for a significant change will be on the scale shown below, which is based on how many days before your holiday departure we tell you of a major change.
• 60-29 days prior to departure: £20.00
• 28-15 days prior to departure: £30.00
• 14-08 days prior to departure: £40.00
• 07 days or less: £50.00
Please note that no compensation is payable for significant alterations or cancellations made by us because of unavoidable and extraordinary circumstances (including force majeure -see the unavoidable & extraordinary circumstances section of these Terms and Conditions for further information), where a cancellation arises from the minimum number of participants not being met (please see below), or where you have failed to pay the final balance by the balance due date. Your right to compensation under this clause shall not apply and we will not be obliged to pay you compensation, where the change effected, is a minor change. Examples of minor changes include but are not limited to: a change of overseas airport, return UK airport, changes to aircraft type, changes to accommodation to another of the same or higher standard, change of carriers or outward/return flight time of less than 12 hours will not be classified as significant changes. Similarly, if after making your booking we are advised that an aircraft will stop en-route, we will advise you as soon as possible but such a change shall not constitute a significant change.
We may occasionally have to cancel your holiday arrangements, which we reserve the right to do. We will not cancel your holiday after the balance due date unless you have failed to comply with any requirement of these Booking Conditions entitling us to cancel (such as your failure to pay the final balance on time) or where we are forced to do so because of unavoidable and extraordinary circumstances beyond our control (including force majeure – see unavoidable & extraordinary circumstances). Save for the exceptions provided in this clause, where we cancel your holiday, you will be entitled to accept any suitable alternative arrangement, where available, or receiving a full refund. Where you accept a suitable alternative arrangement, we will refund any price difference if the suitable alternative arrangement is of a lower monetary value. In some cases, you will also be entitled to compensation as set out in the scale above.
All information contained on our website or in our brochures for departures in 2021, is based on the information presently available to us and we reserve the right to change any prices or other information. Before you book you must also ensure that you check all the details of your chosen holiday (including any special services, discounts, prices, deposits and cancellation policy) as these may no longer be available or have changed for future bookings.
Passengers have the right to cancel their reservation without penalty within 7 days of notification in the event of itinerary modifications for departures in 2021 prior to the release of the 2020 brochure. Holidays with Instant Purchase Air will receive full refunds for changes to holidays or holidays dates in 2021 with the release of the 2020 brochure, providing notification of cancellation is received within 7 days.
The below cancellation charges are based on the estimated cost of cancelling your holiday at certain times before the departure date and reflects the expenses and losses we are likely to suffer if we cannot resell the holiday. Cancellation fees may also apply to any additional services, including extra night accommodations, independently supplied services, and optional excursions reserved prior to, during, and after the tour.
The following per-person cancellation fees apply for cancellations within the final payment date. Total price does not include discounts, promotions, or special incentives.
If the reason for your cancellation falls within your insurance cover, you may be able to claim a refund of your cancellation charges from the insurance company less any applicable excess.
Total holiday cost does not include any Instant Purchase Air costs, which are non-refundable after 24 hours from purchase.
• More than 60 days prior to commencement of services: Loss of Deposit (plus instant air purchase if applicable)
• 59-29 prior to commencement of services: 50% (plus instant air purchase if applicable)
• 28-23 prior to the commencement of services: 70% (plus instant air purchase if applicable)
• 22-16 prior to the commencement of services: 80% (plus instant air purchase if applicable)
• 15-04 prior to the commencement of services: 90% (plus instant air purchase if applicable)
• With 3 days: 100% of total holiday cost.
Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
Please note, scheduled airlines often do not allow any name changes within a certain time of the start of the holiday and generally not at all after flight tickets have been issued. If you want or need to make a name change when an airline will not allow it, you will have to cancel the original flight (which means you will lose all the money you have paid for that flight) and pay the full cost of another flight (which may not be the original flight or at the same cost as the original flight as the airline is entitled to offer the cancelled flight to anyone on a waiting list for it). This is the airline’s decision and we have no control over it.
If some or all your party cancel their holiday we are entitled to treat your booking as cancelled in accordance with these Booking Conditions, and we will levy a cancellation charge on the scale shown in the table above.
We can only accept a booking if the lead passenger is a minimum of 18 years old on or before the date of departure - if under 18 at the time of booking, the written consent of a parent or guardian is required before the booking can be made. However please note that for holidays, tours and cruises for certain destinations at least one room occupant will need to be 21 or older. For some cruises, this may be 25 or older.
On holidays that include Victoria Falls Safari Club, young customers must be 10 years of age or older.
On holidays that include Botswana or Sanctuary Swala, young customers must be 12 years of age or older.
Children under 8 years of age are not allowed on any Cosmos Holiday, unless booked on a private tour. For any special requirements regarding airline tickets for children, contact your airline directly.
Adequate and appropriate travel insurance is essential for your protection. Each member of your party must have either the holiday insurance policy we recommend which is arranged by Holiday Extras or another policy giving at least equal cover. It is your responsibility to ensure that the insurance cover you purchase is adequate and appropriate for the needs of you and your party but it should at a minimum cover the cost of cancellation of your travel arrangements by you, and assistance (including medical costs and repatriation) in the event of accident or illness overseas, as well as compensating you for permanent injury, death, delays or loss of baggage and personal possessions. We do not check insurance policies. Please read your policy details carefully and take them with you on holiday. For more information on the Holiday Extras policy please see our website cosmos.co.uk/travelling-with-us/travel-extras/
We provide full financial protection for our package holidays in the following ways:
• When you buy an ATOL protected flight or flight inclusive holiday from us, you will receive a confirmation invoice and an ATOL certificate from us (or our authorised Travel Agent if you did not book directly with us) confirming your arrangements and your protection under our Air Travel Organiser’s Licence number (1082). The ATOL certificate lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at caa.co.uk/atol-protection/. 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.
• When you buy a package holiday that does not include a flight, protection is provided by way of a bond held by ABTA. For further information please see abta.com.
In the sole discretion of Cosmos, we may refuse transport to any passenger or may require any passenger to leave the tour if it is reasonably believed that the passenger (1) is dangerous to others or to himself or herself; (2) has engaged in, is engaged in, or is threatening to engage in, behaviour that may adversely affect the safety, security, comfort, enjoyment, or well-being of other passengers or Cosmos representatives, including, but not limited to, behaviour that is disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, or obscene; or (3) has failed or refused, or is failing or refusing to our rules and procedures or the instructions of Cosmos, its representatives. In the event a passenger is removed, such passenger may be left at any city without any liability to Cosmos or its representatives. Cosmos shall not be required to refund any portion of the price paid by any passenger who is removed under the terms of this paragraph, nor shall Cosmos be responsible for expenses for accommodation, medical care, meals, transportation, or any other expenses incurred by the passenger. Cosmos shall be entitled to recover from the passenger any costs or expenses incurred by Cosmos or its representatives in the removal of the passenger or the exercise or enforcement of this clause.
Some government agencies in foreign countries (within or outside of the EU) require Cosmos to collect and pass on in advance of travel certain personal and other details related to you, including but not limited to government-issued identification and passport details. If you fail to supply the details, as requested, fully and accurately, your trip may be interrupted or cancelled. There are no refunds for failure to provide satisfactory documentation or failure to provide satisfactory documentation by the time required.
We will, of course, inform you if there is any further information we require from you during the booking process. Please note that, in addition to us contacting you in relation to your travel arrangements, we may also contact you following your holiday with details of other holidays/tours provided by us that may be of interest to you. We will only provide your contact details to our UK group of companies for this purpose where you have opted-in to receive such communications at the time you make your booking. Thereafter, you will be free to opt-out of receiving such communications at any time by giving notice to us. In any event, where you opt-in, we will only keep your personal data for direct marketing for 3 years from the date of your last booking with us.
You are generally entitled to ask us about details of yours that we are holding, why we are holding or processing them and to whom we have disclosed or may disclose them to. To do this, please send a letter to Customer Services, Wells House, 15 Elmfield Road Bromley BR1 1LT. We promise to respond to your request within one month of receiving the written request. There are limited circumstances where we shall be within our rights to refuse such a request. If you believe that any of your personal information that is held or being processed by us is incorrect or no longer available to us, then please write to us immediately as we cannot be responsible for any problems that may arise due to inaccurate information that you have provided us with. 45. We will need to use the personal data you give us to properly process your booking from the point of booking, during your holiday and beyond and for improving customer service. We will also need to keep your details for a period of 7 years and will share these with the suppliers providing some of the services to you (such as airlines, accommodation providers and transport companies) and agents so that they can contact you in respect of your travel arrangements. Your personal data may also be required and provided to security companies, public authorities such as customs/immigration or as required by law by us or our suppliers (as appropriate).
The personal data we may need to store, and use include the names and contact details of you and all parties to your booking, credit/debit or other payment and passport details and where applicable, details concerning any disability, medical conditions or dietary requirements (which might disclose directly or indirectly your orientation of religious beliefs) which might affect the chosen holiday arrangements. We value your relationship with us and we strive to maintain an excellent level of customer service. Unless you expressly ask us not to, to improve customer service across our business we will share your details with our Cosmos UK group of companies (including Avalon Waterways and Globus Holidays).
As the data controller, we take steps to ensure that adequate security measures are in place to protect your personal data, which extends to ensuring the protection of personal data sent to any of our suppliers, who process your personal data on our behalf for your booking. It may be necessary to transfer your details to suppliers in a country or countries outside of the EEA, where the data protection and privacy rules are less stringent. In such circumstances, we will only transfer your personal data, to the extent required and at such level of disclosure as necessary where we have verified at the time of the transfer that the concerned suppliers have appropriate safeguards in place to protect your personal data to the level and extent of protection as afforded by Cosmos. The Company will not pass any of the Passengers personal/sensitive data onto any person who is not responsible for any part of the Passengers travel arrangements and the request for the personal/sensitive data is not necessary for the performance of the Passengers contract with the Company. The Company will retain the Passengers’ personal data in its archived system for up to 7 years from the last use by Cosmos of such personal data to allow the Company to comply with its legal obligations relating to the bookings and for the additional purpose of defending any legal action brought against the Company in relation to the Passengers contract with the Company. The Company will only keep the Passengers personal data for as long as it is necessary as deemed by Cosmos or is required by law.
We will not be liable where any failure to perform or improper performance of the travel services is due to any unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. This includes, but is not limited to an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labour disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorisation, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Cosmos that impacts negatively on, or hampers, its ability to fulfil any of its contractual conditions including the effects of the UK ceases to be a member state of the European Union. If any of these conditions apply, Cosmos shall be excused, discharged, and released from performance to the extent such performance is so limited or prevented, without liability of any kind.
Please note that the compensation shown in the table in the Subject to Change Holidays section is not payable if we are forced to cancel your holiday due to unavoidable and extraordinary circumstances.
If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of an equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
All holiday prices are based on rates (reflecting foreign exchange rates) known at the time of publication and expected to be in effect at the time of departure. Holiday prices are per person, based on double occupancy (two people sharing a room). Single room supplements and triple reductions are listed where applicable. Not all accommodation types are available on all holidays.
We reserve the right to change prices from time to time. Accordingly, it is possible that when you book your holiday the actual price may have gone up or down from the advertised price as factors such as live flight pricing can change. We will always advise you of your holiday price before you choose to book with us. Prices are subject to change without notice, subject to the guarantees set forth below.
Once Cosmos has received your full deposit for any holiday, that price is guaranteed, and you are protected against any price increase due to currency surcharge. Any subsequent cost increases are at Cosmos expense, not including energy cost increases and/or any government tax increases. Please see below for details of when a price can be increased.
Prices found on our website may differ from those displayed in this brochure, and certain offers advertised on the website may not be available in the brochure.
In rare cases, errors may occur when putting together the brochure or when inputting prices into our reservations system or website. We regret that any contract entered based on an inputting/systems error or the erroneous price will be null and void. In the unlikely event that such a situation occurs, you will be given the option to either pay the correct price or cancel with a full refund. We also reserve the right to correct any pricing errors at any time prior to the price being confirmed at the time of booking.
Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change after the balance of the holiday is paid in full or within 20 days of departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged the amount over and above that, plus an administration charge of £1 per person together with an amount to cover agents’ commission (if applicable). If this means that you must pay an increase of more than 8% of the price of your travel arrangements, you will have the options set out in the Subject to Change Holidays section of these Booking Conditions. Should the price go down any difference in price will be refunded to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
Any request for refunds is subject to these Terms & Conditions; no refund will be made for unused services, for unused transportation where group activity tickets are involved, or for voluntary modifications made by the Customer. For Private Touring, changes made at your discretion en-route to tour features or tour services (e.g. meals, included sightseeing, etc.) are not refundable nor exchangeable for other services. Airport transfers are complimentary with flights booked through Cosmos. Customers not using the included transfer will not be given a cash equivalent or holiday price reduction. Any Instant Purchase Air costs paid at the time of booking are non-refundable and non-changeable 24 hours after purchase.
As it is difficult and sometimes impossible to properly investigate a complaint if Cosmos is not advised of such complaint quickly, any compensation you may have been able to claim could be reduced or even forfeited if you do not follow the complaints procedure. If you have a problem or complaint whilst on holiday you must tell hotel management, cruise management or a local representative as soon as possible so that it can be resolved immediately. When you receive your itinerary, you will be provided with contact details of our local representative who you should contact if you require any assistance whilst in the resort. Should you not be able to contact the local representative, you should contact us on 020 8315 4500 during office hours. Please note that if you fail to follow the requirement to report your complaint during your trip we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking. If your complaint cannot be resolved by the time you come home please follow this up upon return with our Customer Services Team by emailing email@example.com or by writing to Customer Services Department, Wells House, 15 Elmfield Road, Bromley BR1 1LT. You will need to provide full details, giving your holiday reference number and daytime and evening telephone numbers and email address. We are a member of ABTA, membership number V3031, and are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
Disputes arising out of or relating to this contract which cannot be amicably settled may be referred to arbitration, if you so wish, under a special scheme arranged by ABTA. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London SE1 9EQ. Tel: 020 3117 0500 or abta.com You can also access the European Commission’s online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr/ This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
These Terms and Conditions are governed by English law and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to: you or another member of your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Please refer to the unavoidable and extraordinary circumstances section.
Cosmos Tours Limited include Cosmos, Globus and Avalon Waterways and is licensed to market and operate travel products under the Cosmos, Globus and Avalon Waterways brand names, and arrange for the holiday services offered, including transportation, sightseeing, and accommodations through independent contracts.
During your cruise, tour, or excursion, you may encounter the opportunity to participate in additional, optional activities that are provided by independent third-party suppliers. The suppliers of those optional services may render those services subject to separate and additional terms and conditions or may require you to execute additional documents, waivers, or releases. It is understood that Cosmos, Avalon Waterways & Globus will have the benefit of any assumptions of liability, waivers, or releases that are part of the suppliers’ terms and conditions or that are required by those independent suppliers.
Air carriers, accommodations, and other suppliers (including but not limited to trains, cruises, ferries, motor coaches, hotels, and restaurants) providing services are independent contractors and are not agents, employees, servants, or joint ventures of the Cosmos Tours Limited or its affiliates. From time-to-time, and for identifying those independent third-party suppliers of services as the provider of a component or part of a cruise, package or tour, some or all those entities may utilise the name “Cosmos” or “Globus” on promotional media, signage, or attire. Although you may see the name “Cosmos” or “Globus” on vehicles, signs, apparel, or elsewhere during your cruise, tour, or excursion, its use by third-party suppliers is solely for identification and does not represent or signify in any way ownership, management, supervision, or control by the Company of services that are provided by independent third-party suppliers or of the employees, servants, or agents of the third-party suppliers. All certificates and other travel documents for services issued by the Company are subject to the Terms & Conditions specified by the supplier, which are available upon request, and to the laws of the countries in which the services are supplied.
The international carriage of passengers is subject to international conventions and treaties, where applicable. These international agreements limit and, in some events, exclude the carrier’s liability to passengers (holiday participants). Where any claim or part of a claim (including those involving death or personal injury) concerns or involves any travel arrangements (including the process of getting on or off the transport concerned) provided by any air, sea, inland waterways, rail or road carrier, or any stay in a hotel, the Company’s maximum liability is the maximum that would be payable by the carrier or the hotel keeper concerned under the applicable international convention, treaty, or regulation applicable to the travel arrangements or hotel stay (e.g., the Warsaw Convention, the Montréal Convention for international travel by air, the EU Regulation on Air Carrier Liability for air carriers with an operating license granted by an EU country, the Athens Convention for international travel by sea) in that situation.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements (excluding insurance premiums and amendment charges), unless a lower limitation applies to your claim.
Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) the maximum amount we will pay you is £1,500 unless a lower limit applies to your claim under this clause. Please note that personal luggage claims are based on the value of the goods at the time they are lost and not on a new-for-old basis or replacement-cost basis. Therefore, a deduction is made for wear, tear, and depreciation. Our liability will also be limited in accordance with and/or in an identical manner to: • The contractual terms of the companies who provide the transportation for your travel arrangements. These terms are incorporated into this contract; and • Any relevant international convention, for example the Warsaw or Montreal Conventions and/or for carriers with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability No. 2027/97 as amended by EC Regulation No. 889/2002 for national and international travel by air in respect of travel by air, the Athens Convention in respect of travel by sea, the Strasbourg Convention for inland waterways, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. Please note: Where a carrier or accommodation supplier 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 are similarly not obliged to make a payment to you for that claim or part of the claim. You must give credit for all payments due or received from any carrier or accommodation supplier, which relate to the claim in question. You can ask for copies of the transport contractual terms, or the international conventions, from your Travel Agent.
Our liability to you for death, injury, illness, damage, delay or other loss to person or property of any kind suffered by you shall also not exceed the following: a. where carriage is performed on Inland waterways our liability shall be determined in accordance with English law (the Merchant Shipping Act) and The Convention on Limitation of Liability for Maritime Claims 1996 (“LLMC 96”) as amended by SI 1998/1258, a copy of which will be provided by on request or can be found at (legislation.gov.uk/uksi/1998/1258/article/4/made). The limits for non-sea going passenger vessels is 175,000 SDR’s per passenger per carriage. Liability for property claims will be at least 1,000,000 SDR’s under SI 1998/1258 (4)(b)(i)); b. where carriage involves sailing on waterways located in the territory of a state party, the Strasbourg Convention on the Limitation of Liability of Owners of Inland Navigation Vessels as amended (“Strasbourg Convention”) applies and limits claims for personal injury or death to 60,000 SDR’s per passenger, subject to a maximum of 6,000,000 SDR’s; c. where carriage includes International carriage by sea, the Athens Convention 2002 and EU Regulation 392/2009 on the liability of carriers of passengers in the event of accidents will apply, This places strict liability on the carrier and places an obligation on carriers to hold compulsory insurance. EU Regulation 392/2009 limits the maximum amount payable by us, in the case of death or personal injury incurred during carriage for which we are held liable to 400,000 SDR’s per passenger or in the case of war and terrorism 250,000 SDR’s per passenger. In both circumstances, deductions can be made for your contributory negligence; d. Domestic sea carriage by sea or use of the ship as a floating hotel in the UK shall be governed by the 2014 Order which applies the Athens Convention 1974 limits. A copy of the Athens Convention 1974 may be viewed at: admiraltylawguide.com/conven/passengers1974.html From 30 December 2016 EU Regulation 392/2009 applies to domestic carriage by sea in the UK; e. for loss of or damage to property (save for medical and mobility equipment) under the Athens Convention 2002 and EU Regulation 392/2009 liability is limited to 2,250 SDR’s, which is subject to a deductible of 149 SDR per passenger; and f. where money and/or valuables including but not limited to jewellery (“Valuables”) have been deposited with the ship and a receipt for the same is issued, our liability to you for loss or damage will be limited to 3,375 SDRs under the Athens Convention 2002 or EU Regulation 392/2009. Note – we will not be liable for any loss of or damage to money and/or Valuables left within the in-room safes provided.
The holiday participant agrees that neither the Company nor its affiliates shall be liable for any damage, loss (including personal injury, death, and property loss), or expense occasioned by any act or omission of any supplier providing services, any insurer or insurance administrator, or any other person.
In all cases of carriage by sea luggage is assumed to be delivered without damage unless written notice is given by (i) in the case of apparent damage before or at the time of disembarkation or redelivery; or (ii) in the case of damage which is not apparent or loss of luggage, within 15 days from the disembarkation or delivery or from the date any such delivery should have taken place. In any event, we will not be liable for any loss or damage to luggage that occurs outside the course of carriage including any loss or damage before or after the luggage comes into our actual possession, custody and control, including, but not limited to, where the luggage is in the possession, custody and control of airlines or other transportation services.
Nothing in the above shall prevent us from relying on any deductible that we may apply under the applicable law.
The daily conversion rates for Special Drawing Rights (SDRs) can be found on the International Monetary Fund website at www.imf.org.
In any event, we shall not be liable for consequential losses incurred by you including, but not limited to, loss of profits.
After departure, if the Services included in the holiday cannot be supplied or there are changes in an itinerary for reasons beyond the control of the Company, depending on the circumstance, the Company will take reasonable action to arrange for the provision of comparable services. Any resulting additional expense will be the responsibility of holiday participants, and any resulting savings will be refunded by the Company to holiday participants.
Cosmos is a Member of ABTA with membership number V3031, and licensed by the Civil Aviation Authority (ATOL number 1082). ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London SE1 9EQ. Tel: 020 3117 0500 or abta.com/
References to EU law and EU legislation include all UK implementing legislation as amended from time to time. This shall include any succeeding UK legislation, as amended from time to time, following the UK’s ceasing to be a member state of the European Union.
In accordance with the Unavoidable & Extraordinary section, in the event that we are unable to provide or perform your holiday arrangements as a direct result of the UK’s exit from the European Union the cancellation provisions in the Subject to Change Holidays section will apply. This will be considered an unavoidable and extraordinary circumstance for which we cannot be held liable.