AML, CPA and/or Partners shall not be liable to any Member or Nominee or companion for any indirect or consequential loss, damage or expense of any kind whatsoever arising out of or in connection with the Asia Miles programme the provision or the refusal to provide any benefits, and Awards and the use of Awards, whether such loss, damage or expense is caused by negligence or otherwise, and whether AML, CPA and/or Partners have any control over the circumstances giving rise to the claim or not.
Subject to clause 1 of "Exclusion and Limitation of Liability" above and any applicable limitations under the Warsaw Convention or under the carrier conditions of travel, AML, CPA and/or Partners liability in contract, tort or otherwise with respect to any claim arising in respect of acts or omissions under the Asia Miles programme including provision and use of Awards, shall be limited to re-crediting the value of the Mileage Credits redeemed by the Member in connection with which the matter arises.
AML will endeavour to ensure the availability of products and services provided by Partners but will not be liable for any loss arising from the failure by Partners to provide such products and services. Where a Member uses the services provided by a partner, their terms and conditions will apply and AML will not be liable for any loss.
For the avoidance of any doubt, nothing in these conditions shall exclude liability for death or personal injury caused by negligence. All terms expressed or implied by statute or otherwise on the part of AML, CPA and/or Partners are hereby excluded to the fullest extent permitted by law.