7. Our liability to you
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will take the appropriate measures. However, we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases of death, bodily injury or illness, shall be limited to a maximum of 1.5 times the cost of your travel arrangements. Any such claims must be notified in writing within 60 days and it is a condition that you give Portfolio Journeys your full co-operation, as well as assigning your rights to pursue any third party.
Our liability will also be limited in accordance with and/or in an identical manner to:
(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are
incorporated into this contract; and
(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, 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. You can ask for copies of the transport contractual terms, or the international conventions, and these will be provided to you on request.