Our Liability to You
Our liability to you
The obligations of Thomas Cook Tour Operations Ltd under its contract with you (other than those which are expressly set out in these conditions) are to reserve a seat for you with your confirmed airline (or such other airline as may be substituted) and provide you with a ticket for travel or other equivalent means of accessing your booked flight where no paper ticket is issued. We have no responsibility or liability for the provision of the actual flight or for the acts or omissions of the airline or any of its employees, agents, suppliers or subcontractors. The airline's conditions of carriage will apply to your contract (in addition to these terms and conditions). Thomas Cook Tour Operations Ltd is not an airline or air carrier and does not enter into a contract for carriage with you.
The maximum liability of Thomas Cook Tour Operations Ltd if found to be at fault in connection with its contractual obligations to you is limited to twice the cost of the flight(s) in question.
However, in the event that we are found liable by any court of law in relation to the flight itself or for the airline's acts or omissions in any respect or on any basis whatsoever, the maximum amount we will have to pay you will be limited to the maximum amount the airline would have to pay you in accordance with applicable International Convention(s) or Regulation(s) (for example, the Warsaw Convention 1929 as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability in the event of accidents for national and international travel by air). In such circumstances we are also entitled to rely on all defences from, exceptions to, and other provisions relating to, liability as are available to the airline in accordance with such applicable International Convention(s) or Regulation(s). Please note, the airline is also entitled to limit its liability to you in accordance with such applicable International Convention(s) or Regulation(s).
When making any compensatory payment to you, we are entitled to deduct any money which you have received or are due to receive from the airline for the complaint or claim in question.
Where a flight ticket is downgraded or a flight is cancelled or delayed, or boarding is denied by any airline in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those regulations from the airline. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the airline's actions and which fall within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the airline and make a claim for compensation against us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment.