ON-LINE Registration
Registration Opens Thursday 1 May
Registration forms
The Travel Convention is a trading name of ABTA Limited
By clicking on the relevant registration form, you agree to both the Registration and Accommodation conditions set out below.
To Pay by Visa/Mastercard/Amex
ABTA Travel Agents
ABTA Principals
ABTA Travel Industry Partners
Other Delegates
The following charges apply:
2.5% - Visa Credit Card & Mastercard
3.5% - Amex
To Pay by Debit/Switch Card/Cheque/Bank Transfer
ABTA Travel Agents
ABTA Principals
ABTA Travel Industry Partners
Other Delegates
Terms & Conditions of Registration
- To register you must complete an on-line registration, making your payment by credit/debit card or print the registration form and send, together with full payment to The Travel Convention office. A contract will exist as soon as we receive your registration form.
- Full remittance of registration fees must accompany registration forms and on-line bookings. Payments may be made in sterling by cheque, payable to The Travel Convention or by credit card. Payments for overseas delegates and on-site registrations must be made by credit card.
- To qualify for the Member registration fee, you must be an ABTA Member and your Membership fees must be up-to-date at the time you register.
- Where a registration contains misrepresentations about entitlement to the registration fee, ABTA will reserve the right to render the booking invalid and all registration fees will be forfeit. Misrepresentation about status will also entitle ABTA to cancel all other registrations made on behalf of the registered organisation concerned and registration fees will be forfeit.
Note: each delegate registering as a Member must be directly employed by the ABTA Member company concerned. Other delegates, employed by associated companies or as professional advisers to the Member company, will be considered non-Members and must pay the appropriate fees. - Delegates may be required to satisfy ABTA of their registration status. Failure to do so will render their registration invalid.
- To qualify for the ABTA Travel Industry Partner registration fee, you must be a Travel Industry Partner Member and your Membership fees must be up-to-date at the time you register.
- The companion fee only applies to a marital spouse/partner accompanying a registered delegate, and not to business colleagues or other associates.
- For delegates with accompanying children, the companion fee will apply to children of 16 or over. Note: children under the age of 16 are asked not to attend any of the Convention activities as they are deemed unsuitable for children.
- Delegate materials will not be despatched until full payment, including any amendment fees, has been received by The Travel Convention Office.
- Cancellations made on or before 22 August will receive a full refund, but will be subject to an administration charge of £75 per delegate. In the event of late arrival, unattended events or cancellation of attendance after 23 August, no refunds will be granted.
- By registering on-line you have agreed to accept the terms and conditions and your confirmation of registration will be issued immediately. If registering by post, The Travel Convention Office will not send confirmation of registration/invoices if payment is not sufficient or if the registration form has not been signed.
Confirmation of registration/invoices may be claimed upon receipt of full payment and signature. If you have not received your confirmation invoice after 2 weeks, please contact The Travel Convention Office. - Delegates wishing to amend their registration on or after Monday 1 September will incur an amendment fee of £50 on each occasion that an amendment is made, to cover the administration involved. Written notification to The Travel Convention Office is required for all requests for substitutions or amendments. Please attach a copy of your confirmation of registration to the notification.
- Delegates wishing to replace lost badges on-sit, will incur a fee of £5. Note: for security reasons, access will not be permitted to official Convention activities without an official badge.
- Excursions or other tours that you may choose to book either now or whilst you are at the Convention, are not part of the arrangements provided by ABTA. Your contract for the excursion or tour will be with the operator of the excursion or tour. ABTA is not responsible for the excursion or tour or for anything that happens during the course of its provision by the operator.
Liability
15. Because many of the services associated with The Travel Convention are provided by the local host committee and various suppliers of Convention services over whose operations, personnel and equipment ABTA has no control, and subject to clause 16 below, in no event shall ABTA or any of its officers, directors, Members, contractors or employees assume responsibility, or be liable, for any personal injury, property damage, or other loss which may be occasioned by reason of:
- wrongful or negligent acts or omissions on the part of the local host committee, any of the suppliers, or any employees of the suppliers;
- any defect or failure of any vehicle or other equipment owned, operated or otherwise used by the local host committee, or any of the suppliers or;
- any wrongful or negligent acts or omissions on the part of any other party not under the direct control of ABTA, such as sponsors and organisers of private functions.
16. The exclusions and limitations of a party’s liability shall not apply in the case of: 1. the tort of deceit or fraudulent misrepresentation by it or its personnel; 2. death or personal injury caused by its negligence; a breach by that party of obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
17. In the event of the occurrence or, in ABTA’s reasonable opinion, the likelihood of the occurrence, of any extraordinary risk of injury or damage (including but not limited to any acts of god, fires, explosions, earthquakes, floods, elements, volcanic eruptions, strikes, riots, civil commotion¹s, epidemics, war, rebellion, or harmful acts for political, terrorist or other similar purposes), ABTA reserves the right to assess the risk of injury or damage and, at ABTA's sole discretion, to determine whether to cancel or otherwise limit the Convention activities. Should the Convention be cancelled or limited for any reason beyond ABTA's reasonable control, ABTA's liability will be limited to the registration fees paid at that time
Important information
18. ABTA is happy for private events to take place during the Convention, provided they do not clash with the official programme. Any company hosting a private event that clashes with an official element of the event will have their registration(s) revoked and will be refused entry to all business and social events throughout the Convention.
Please note, the sale of Convention related sponsorship via a third party is not permitted. This policy will be strictly monitored and failure to adhere will result in your company’s delegates having their registration(s) revoked and may render your company unable to register for future ABTA events.
It is strictly prohibited for any company or individual to make use of The Travel Convention logo or any part of it. Guidelines for use of the logo by those authorised to do so may be obtained from The Travel Convention office.
ABTA reserves the right to change the programme as outlined in Convention literature and on this website.
Terms & Conditions of Accommodation
1. General
These are the terms on which your booking will be made for accommodation for The Travel Convention.
Your booking and payment will be taken by ABTA Limited acting as agent for Cosmos Holidays plc trading as somewhere2stay. As agent ABTA Ltd accepts no responsibility for the acts or omissions of Cosmos Holidays plc or somewhere2stay - or for the arrangements or services provided by Cosmos Holidays plc or somewhere2stay.
The following terms and conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking.
Please read these Booking Conditions carefully as, together with the specific information relating to your confirmed accommodation, they form the basis of your contract with Cosmos Holidays plc. They also set out the basis on which somewhere2stay arranges your accommodation.
The words we use
In these Booking Conditions, the following words have the following meanings;-
“we”, “us”, “our” and “somewhere2stay” means Cosmos Holidays Plc
“you” and “your” means the person making the booking and everyone else named on the booking (including anyone added or substituted at a later stage) or any one or more of them, as applicable.
“lead name” means the person who makes the booking.
“booking” means the booking you make through somewhere2stay.
“accommodation provider(s)” means the owner(s)/provider(s) of the hotels, apartments, villas and other accommodation featured on this website or otherwise available through somewhere2stay.
“accommodation” means the hotels, apartments, villas and other accommodation of any description featured on this website or otherwise available through somewhere2stay including all facilities and ancillary services advertised on our website in relation to your confirmed accommodation or which we have otherwise expressly agreed to book for you in connection with your confirmed accommodation.
“Cosmos” means Cosmos Holidays plc.
“arrival date” means your arrival date at your accommodation or, where you book more than one, your arrival date at your first accommodation unless otherwise stated.
“balance due date” payment is due in full at the time of booking
3. Other services.
You can only book accommodation through somewhere2stay. If you book any other services (such as a flight or car hire), those other services will be provided by and be subject to a separate contract with the supplier, tour operator or other third party who has agreed to arrange or provide the same. We do not act as agent for any such supplier, tour operator or other third party and have no involvement in, control over or liability whatsoever for those other services, suppliers, tour operators or other third parties.
4. Contacting Us
Where we refer in these Booking Conditions or elsewhere on this website to your contacting us for any purpose (regardless of the words used– for example “e-mail us”, ‘notify us’, ‘advise us’, ‘give us’, etc) this means you must contact us via e-mail using the e-mail address moreinfo@thetravelconvention.com. If you are unable to do so, please telephone us using the contact details shown under Contact Us. By making your booking via the internet, you authorise us to contact you in relation to your booking using the e-mail address you provide when making your booking (or any other you provide in place of this). You must accordingly check your e-mails on a regular basis. Not all communications can go by e-mail. We may also contact you by post if we cannot, for whatever reason, contact you by e-mail. References in these Booking Conditions to “send” includes e-mail and post, as appropriate.
5. Your Contract
When you book accommodation, we will send you an e-mail confirmation of your booking on subject to prior receipt of all applicable payments and your chosen accommodation being available. A binding contract comes into existence between you and the accommodation provider(s) concerned or Cosmos, as applicable, when we send you email confirmation of your booking. The date of the contract is the date that appears on this confirmation e-mail
6. Your Confirmation Invoice
It is important to check carefully the details of your booking as soon as you receive your e-mail confirmation and let us know immediately if any information appears to be incorrect or incomplete. If you want to cancel or change your booking later, you may have to pay amendment or cancellation costs (stated below), which may be as much as the total cost of the booking.
As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us and you notify us of it within 7 days of receiving your e-mail confirmation (or within 48 hours of receiving your e-mail confirmation if you are booking within 14 days).
7. Responsibility for your Booking
For parties of two or more people, the lead name accepts responsibility for making all payments due in accordance with these Booking Conditions for all Members of the party. The lead name should be at least 18 when the booking is made. We will send the email confirmation invoice and other information to that person who will in turn be responsible for ensuring that the other Members of the party are kept fully informed. Should you wish to make an amendment or cancel your booking, we must receive notification of this by email. This notification must come from the lead name.
If there is no one in the party aged 18 or over when the booking is made and we agree on behalf of the accommodation provider(s) concerned to accept the booking, the parent(s) or guardian of the lead name must email us agreeing to accept responsibility for the booking and all payments due.
8. Holiday Insurance
You are strongly recommended to take out adequate holiday insurance. It is your responsibility to arrange this. The insurance should cover, amongst other things, the cost of cancellation by you, all medical costs and the cost of assistance including return to the UK in the event of an accident or illness. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
To book insurance through the Convention’s official provider CLICK HERE link to insurance page
9. Payment
You must pay the total cost of your booking when you book.
Payment may be made by MasterCard, Visa, Amex, Delta visa, Switch/Maestro cards, BACS or Cheque. We use sophisticated technology to secure your credit card details. Payment for incidental extras (e.g. mini bars, telephone charges, etc.) must be made directly to the accommodation provider when you check out.
10. Special Requests and Medical Problems/Disabilities
If you have any special requests (for example dietary requirements, cots or room location), please let us know by completing the special requests field at the time of booking or by email. We will pass on all such requests to the relevant accommodation provider, but unfortunately neither we nor the accommodation provider/Cosmos can guarantee that they will be met, except as set out below.
If your special request is vital to your use of your accommodation, you must advise us by e-mail of this prior to confirming your booking. If the request can be met, you must obtain specific confirmation of this from us in writing on behalf of the accommodation provider before confirming your booking. General confirmation that a special request has been noted or passed on to the accommodation provider or the inclusion of a special request on your booking confirmation or elsewhere is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability and are not guaranteed. If any additional cost is applicable, it will either be invoiced to you prior to your arrival date or should be paid for locally.
You must advise us by e-mail before you confirm your booking if you or any Member of your party have an existing medical problem or disability which may affect your use of your accommodation. If, in the reasonable opinion of the accommodation provider or Cosmos, your chosen accommodation is not suitable for your medical problem or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we, on behalf of the accommodation provider or Cosmos, as applicable, have the right to refuse to accept your booking.
If you do not give us full details of your medical problem or disability at the time of booking, we, on behalf of the accommodation provider or Cosmos, as applicable, can also cancel the booking when we find out the full details if, in the reasonable opinion of the accommodation provider or Cosmos, the accommodation is not suitable or you are not travelling with someone who can provide all assistance reasonably required. If we cancel in this situation, cancellation charges as set out in clause 7 below must be paid by the person concerned.
11. Making changes to your booking
If you want to change any of the details of your booking after the email booking confirmation has been sent to you, amendments can be made by logging back into your registration record until Monday 1 September (subject to availability and any additional accommodation costs.
After this date, you must advise the Convention Office of any changes in writing (moreinfo@thetravelConvention.com).
We will pass your request on to the accommodation provider(s) concerned and/or Cosmos, as applicable. If the accommodation provider(s)/ Cosmos is able to make the change, you will have to pay the administration charge shown below plus any applicable charges imposed or incurred by the accommodation provider as advised at the time we respond to your request.
Change requested prior to Monday 1 September 2008:
· No Administration Charge
Change requested between Monday 1 September 2008 and your arrival date :
· £50 Administration Charge per Change plus any charges by the Accommodation Provider (Amount to be Confirmed)
If you change the number of people on your booking, the accommodation price will be re-calculated for the new party size. If, for example, your party is reduced in number, this may mean that accommodation is under-occupied and the remaining party Members may have to pay more.
If you wish to make any change to your booking whilst at the Convention (e.g. upgrading accommodation or extending your stay), all requests are subject to availability and any extra cost must be paid immediately. A change of confirmed accommodation to different accommodation or different date amounts to a cancellation of the original accommodation unless otherwise agreed by us (on behalf of the accommodation provider(s) concerned).
12. Cancelling your Booking
Accommodation is held from the time it is confirmed. The closer to your arrival date any accommodation is cancelled, the less likely it is that the accommodation provider / Cosmos, as applicable, will be able to resell it. Accordingly, if you cancel your booking, a charge has to made and the later the cancellation, the more that charge will be. If you wish to cancel a confirmed booking, this must be done by email. Cancellation charges will be calculated as set out in the table below. Please remember these charges will also apply if you have failed to make payment on time and your booking is cancelled as a result.
Period that the cancellation email is received by us:
- The relevant cost for three nights accommodation for cancellations within 7 days prior to arrival or no show
- The relevant cost for two nights accommodation for cancellations up to 7 days prior to arrival
- No costs for cancellations prior to Monday 1 September 2008
Amendment fees are not refundable in the event of cancellation.
If one or more but not all Members of your party cancel, this may mean that accommodation is under-occupied and the price for the remaining Members of your party may be increased to reflect this.
13. Changes to and Cancellation of your booking, and circumstances beyond the Control of somewhere2stay / Cosmos
Except where otherwise expressly stated in these Booking Conditions, accommodation providers, Cosmos and somewhere2stay will not be liable for any change, cancellation, affect on your holiday, loss, damage or expense of any nature or description or failure to perform or properly perform any contractual obligation(s) which is due to any event(s) or circumstance(s) beyond the reasonable control of the accommodation provider concerned / Cosmos / somewhere2stay, as applicable. Any such event(s) or circumstance(s) are referred to as “force majeure” in these Booking Conditions. By way of example, force majeure includes (but is not limited to) fire, flood, exceptional weather conditions, epidemics, destruction or damage of accommodation by any cause (other than as a direct result of the negligence of the accommodation provider), industrial action, actual or threatened terrorist activity, civil strife and all similar situations.
No compensation, expenses, costs or other sums of any description (including without limitation the cost of securing alternative accommodation) will be payable in such circumstances by either the accommodation provider(s) or Cosmos, as applicable, or by somewhere2stay.
14. Our Responsibility for your Booking
As previously stated, somewhere2stay is a booking agent for Cosmos. As agent, our responsibilities are limited to making your booking in accordance with your instructions. with Cosmos. We cannot accept any liability for the accommodation itself, for any information concerning the accommodation which we pass onto you in good faith, for the performance of your contract by the accommodation provider or Cosmos or for the acts or omissions of the accommodation provider or Cosmos or of any employee(s), agent(s) or supplier(s) of the accommodation provider or Cosmos or any other person or party in any way connected with the accommodation.
However, in the event that somewhere2stay is found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the booking in question (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 which arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
15. Personal Property
You must take all necessary steps to safeguard your personal property (including taking out appropriate travel insurance). No liability is accepted by the accommodation provider or Cosmos in respect of damage to or loss of any personal property except where the damage or loss is caused by the negligence of the accommodation provider concerned or Cosmos or that of any employee of the accommodation provider or Cosmos (providing they were at the time acting in the course of their employment) as applicable. Limitations of liability and other terms apply (including those set out below and/or notified at the accommodation). As somewhere2stay acts only as booking agent, it has no responsibility or liability for any personal property.
16. Complaints Procedure
If you have a complaint concerning your accommodation, you must inform the accommodation provider immediately in order to give them the chance to resolve the problem.. You should endeavour to resolve the problem and reach an agreement with the accommodation provider during your stay as you will certainly find it more difficult to negotiate an amicable solution of any complaint once you have returned home.
If you have a complaint which is not resolved to your satisfaction prior to the end of your stay at the accommodation and your contract is with Cosmos, please see below for details of the Cosmos complaints procedure.
If you have a complaint which is not resolved to your satisfaction prior to the end of your stay at the accommodation you must write to us with full details (see address below) within 35 days of the end of your stay in the accommodation giving your booking reference number and day time and evening telephone numbers.
You and the accommodation provider both agree that any dispute, claim or other matter of any description (and whether or not involving personal injury) which arises between you and the accommodation provider will be dealt with by the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case proceedings may be brought in the Courts of your own country). You and the accommodation provider both also agree that English law will apply to any such dispute, claim or other matter (unless proceedings are brought in Scotland or Northern Ireland, in which case Scottish or Northern Irish Law, as applicable, will apply.)
17. Behaviour
When you book accommodation through somewhere2stay, you accept responsibility for the proper conduct of all Members of your party (including children) during your stay. The accommodation provider concerned and/or Cosmos, as applicable, reserves the right at any time to terminate the stay of any party Member(s) whose behaviour is such, in the reasonable opinion of the accommodation provider or Cosmos, as to cause or to be likely to cause danger, upset or distress to anyone else or damage to property. Full cancellation charges will then apply and no refund will be given. Furthermore, neither the accommodation provider, Cosmos nor somewhere2stay shall be under any obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may occur as a result of your stay being terminated.
If you cause damage to the accommodation in which you are staying, you must fully reimburse the accommodation provider concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must also indemnify somewhere2stay and Cosmos for the full amount of any claim (including all legal costs) made against somewhere2stay or Cosmos by the accommodation provider or any third party as a result.
18. Room Allocation
After registration on arrival at your accommodation, you will be allocated a room. Please note: if checking-in after midnight, your accommodation will be reserved from the previous day, which will count as the first day/night. You must normally check out of your accommodation by 12 noon of the booking departure date.
19. Website Information
All information contained on our website is based on information available at the time of publication and is provided in good faith. Whilst every effort is made to ensure the accuracy of our website and prices at the time of printing, regrettably errors do occasionally occur. We reserve the right to change and correct any website information (including prices) before your booking is confirmed - the updated / amended information will then form part of your contract with the accommodation provider(s) / Cosmos as applicable. You must ensure you check all details of your chosen accommodation (including the price) immediately before you seek confirmation of the booking.
There may be small differences between the actual accommodation and its description. Occasionally, problems or circumstances mean that some facilities or services become unavailable or subject to restriction. Neither we, the accommodation providers nor Cosmos can accept responsibility for any changes or closures to area amenities or attractions.
As we act only as booking agent, we have no responsibility for any errors in any of the information given on our website except where those errors where made by ourselves (as opposed to accommodation providers or Cosmos.)
20. Other websites
This website contains links to other websites. Such other websites are not under our control or maintained by us. We are not responsible for the content of such websites. We provide these links for your convenience only but do not monitor or endorse the material on them. We cannot accept any liability whatsoever and howsoever arising in relation to any such other websites (including, by way of example, any inability to access or delay in accessing any such other website) or in relation to any material or information appearing on them or which you may otherwise come across after leaving our site by way of a hypertext link or any other means or for any services or facilities of any description which you may book through or via any such website.
21. Changes to and Cancellation of your booking by Cosmos
Although it is unlikely, Cosmos may occasionally have to make changes to or cancel your booking and reserves the right to do so. However, Cosmos promises that it will not make any significant changes to your confirmed booking less than 14 days before departure or cancel it after balance due date unless;-
(i) forced to do so as a result of unusual and unforeseeable circumstances beyond its control, the consequences of which it could not have avoided even with all due care or,
(ii) in the case of cancellation, because you have failed to comply with any requirement of these Booking Conditions entitling Cosmos to do so.
If Cosmos makes a significant change to or cancels your booking, we will inform you as soon as reasonably possible. A significant change is a change made before your arrival date which Cosmos can reasonably expect will have a major effect on your use of your accommodation
If a significant change has to be made (and the change is not acceptable to you) or your booking has to be cancelled before your arrival date, Cosmos will, if possible and as soon as reasonably practical, offer you alternative accommodation (from the range Somewhere2stay has available) of similar type and standard in a similar location for the same or similar time of year. Obviously, if the alternative accommodation is advertised at a lower price, you will receive a refund (if you have already paid your total booking cost in full – otherwise the cost payable by you will be reduced accordingly) of the price difference.
If you do not wish to accept a significant change or any alternative accommodation offered or Cosmos cannot offer you suitable alternative accommodation, you may cancel your booking / accept the cancellation and receive a full refund of all monies paid by you to somewhere2stay for the booking. In the unlikely event that you fail to email us with confirmation that you wish to accept any change or alternative accommodation within the time period we reasonably stipulate, Cosmos is entitled to assume you wish to cancel your booking of the accommodation concerned and receive a full refund of all monies paid to us for it.
Please note, no compensation is payable for minor changes. Minor changes do not entitle you to change to alternative accommodation or to cancel without paying the normal charges as set out in these Booking Conditions. A minor change is a change which Cosmos could not reasonably expect to have a significant effect on your confirmed booking.
22. Cosmos’ Responsibility for your Booking
a) Cosmos promises to use reasonable skill and care in the performance of its contractual obligations subject to and in accordance with these Booking Conditions. Cosmos’ contractual obligations consist of using its reasonable skill and care in selecting the accommodation providers who provide the accommodation you book with Cosmos through somewhere2stay. Providing Cosmos has done so, it will have no responsibility for the actual accommodation or for the act(s) or omission(s) of the accommodation provider or any of its employees, agents, suppliers or sub-contractors or any other person(s) in any way connected with the accommodation. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim.
b) Cosmos will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which does not result from any failure on the part of Cosmos to use reasonable skill and care in selecting the accommodation provider as referred to above. By way of example and not by way of limitation, Cosmos will not be responsible any claim which results from any of the following: -
i) the act(s) or omission(s) of the person(s) affected or any Member(s) of their party or
ii) the act(s) or omission(s) of the accommodation provider or any of its employees, agents, suppliers or sub-contractors or any other person(s) in any way connected with the accommodation providing Cosmos has used reasonable skill and care in selecting the accommodation provider or
iii) the act(s) or omission(s) of a third party not connected with the provision of your accommodation or
iv) any event(s) or circumstance(s) beyond the reasonable control of Cosmos or the accommodation provider concerned.
c) Except where otherwise expressly stated in these Booking Conditions, Cosmos cannot accept liability or pay any compensation where the performance or prompt performance of its obligations under its contract with you is prevented or affected by or you otherwise suffer any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever as a result of any event(s) or circumstance(s) beyond the reasonable control of Cosmos or the accommodation provider concerned as referred to in clause 14 above.
d) Subject to any lower limit which applies in accordance with e) below, Cosmos limits the maximum amount it may have to pay you for any claim you may make against Cosmos. Where Cosmos is found liable for loss of and/or damage to any luggage or personal possessions (including money) the maximum amount Cosmos will pay you is the maximum amount payable for the claim in question under the insurance policy Cosmos offers as set out under the heading 'Summary of Principal Cover' unless a lower limitation applies to your claim under these Booking Conditions. These limits apply whether or not you take out Cosmos’ recommended insurance policy. A copy of the policy wording can be provided on request.
e) For all claims which do not involve death or personal injury, if Cosmos is found liable to you on any basis, the maximum amount Cosmos will have to pay you is twice the price (excluding any insurance premiums and amendment charges) paid for the accommodation concerned by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.
f) Cosmos cannot accept any liability for any damage, loss, costs, expenses or other sum(s) of any description (1) which on the basis of the information given to somewhere2stay or Cosmos by you concerning your booking prior to its being accepted, Cosmos could not have foreseen you would suffer or incur if it breached its contract with you or (2) which relate to any business.
g) Cosmos cannot accept responsibility for any services which do not form part of its contract with you. This includes, for example, any additional services or facilities which your accommodation provider agrees to provide for you where the services or facilities are not advertised on the somewhere2stay website and somewhere2stay / Cosmos has not agreed to arrange or provide them, any other services which make up your holiday other than your somewhere2stay accommodation and any excursion or activity you book or purchase in resort. In addition, regardless of any wording used on the somewhere2stay website, Cosmos only promises to use reasonable skill and care as set out above and does not have any greater or different liability to you.
h) Accommodation will be treated as having been properly provided by the accommodation provider if it complied with the applicable local laws and regulations of the country in which the accommodation is located at the time of the claim or complaint arose. This will be the case even if the accommodation did not comply with the laws and regulations of the UK which would have applied had the accommodation been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.
23. Complaints Procedure
You must inform the accommodation provider in the first instance of any claim or complaint you may have in accordance with clause 17 above. You can find contact details for your Cosmos representative or local agent and the Cosmos Duty Office on our website. Please remember that Cosmos undertakes to exercise reasonable skill and care in selecting your accommodation provider as set out above and, providing it has done so, is not responsible for the acts and omissions of the accommodation provider or any of its employees, agents, suppliers or sub-contractors or any other person(s) in any way connected with the accommodation.
If you have a complaint which concerns Cosmos’ duty to exercise reasonable skill and care as set out above and which cannot be resolved during your stay, you must then write to Cosmos [insert address details] with full details within 28 days of your return from your holiday, giving your booking reference and daytime and evening telephone numbers. As it is difficult and sometimes impossible to properly investigate a complaint if it not notified to Cosmos reasonably quickly, any compensation you may have been able to claim could be reduced or even lost altogether if you do not follow the complaints procedure set out in this clause.
Disputes arising out of, or in connection with your contract with Cosmos which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by ABTA Limited and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). This scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. In addition, it does not generally apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can, however, deal with compensation claims which include an element of minor injury or illness subject to a limit of £1000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and statement of claim must be received by the Chartered Institute of Arbitrators within 9 months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, although the ABTA Code does not require such agreement.
Special Note; You and Cosmos both agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your contract or accommodation must be dealt with under the ABTA Arbitration Scheme or brought in the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case any proceedings must be brought in either the Courts of your own country or those of England and Wales). We both also agree that English law (and no other) will apply to your contract (unless proceedings are brought in Scotland or Northern Ireland, in which case Scottish or Northern Irish law, as applicable, will apply instead).
24. Financial Security
Cosmos Holidays plc is a Member of ABTA Limited (ABTA Membership number VO531) and of the Federation of Tour Operators. This means monies you have paid to somewhere2stay for your booking with Cosmos or to Cosmos for your confirmed accommodation will be refunded or arrangements will be made to continue your stay if this is already underway, as applicable, if your accommodation cannot be provided in the unlikely event of the insolvency of Cosmos.
