In no
event shall Capitol Hotels be responsible for any
direct, indirect, special, incidental or consequential
loss or damage, however arising and whether in contract,
tort or otherwise, which you may suffer in connection
with or arising out of:
Including without limitation, loss or damage by way of
loss of profits, loss of business opportunity, business
interruption or loss of information.
These
conditions do not purport to exclude liability arising
by any applicable law if and to the extent, such
liability cannot be lawfully excluded, however, to the
extent permitted by law, all warranties, terms or
conditions which would otherwise be implied into these
conditions are hereby excluded.
Where
applicable law implies any warranty, term or condition,
and that law prohibits exclusion or modification of the
application of or the liability of Capitol Hotels under,
any such warranty, term or condition, then the liability
of Capitol Hotels shall include liability for that
warranty, term or condition but such liability will be
limited for a breach of that warranty, term or condition
to one or more of the following:
-
If the breach relates to services, the supply of the
services again or payment of the cost of having the
services supplied again.
-
If
the breach relates to products and the products can be
repaired, repair of such products or payment of the
costs of having the products repaired, but otherwise,
replacement of the products or the supply of
equivalent products or payment of the cost of
replacing the products or of acquiring equivalent
products.