5. General Applications

5. General Applications

  1. The Provider shall not be liable to the Passenger or be deemed to be in breach of the Contract by reason of any delay in delivery or in performing, or any failure to perform, any of the Providers obligations in relation to the Service, if the delay or failure was due to any cause beyond the Providers reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Providers reasonable control directly or indirectly:-
    1. act of God, explosion, flood, tempest, fire or accident;
    2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
    3. acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
    4. traffic accidents, traffic hold ups, traffic congestion;
    5. strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Provider or of a third party);
    6. flight delays, flight cancellations;
    7. power failure or breakdown in machinery including computer systems.
  2. Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
  3. Except as expressly provided in these Conditions, the Provider shall not be liable to the passenger by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Passenger (including, without limitation, loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Provider, its servants or agents or otherwise) which arise out of or in connection with the supply of the services.
  4. If clause 4.2 applies then without prejudice to any other right or remedy available to the Provider, the Provider shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Passenger, and if the Services have been delivered but no paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
  5. The Passenger undertakes to the Provider that:-
    1. the Passenger will regard as confidential the Contract and all information obtained by the Passenger relating to the business and/or products of the Provider and will not use or disclose to any third party such information without the Providers prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Passengers default;
    2. the passenger will use all reasonable endeavours to ensure compliance with this condition by its employees, servants and agents. This Condition shall survive the termination of the contract.