Agency Terms Of Business

Effective Bookings made from 1st July 2018

YOUR PACKAGE HOLIDAY BOOKING IS WITH Purpleholidays.com Ltd.

1. Our details and your booking

These Booking Conditions, together with any other written information we brought to your attention before we confirmed your booking, apply to your booking with Purpletravel.co.uk a trading name of PURPLE TRAVEL LIMITED, 3 Wey Court, Mary Road, Guildford, Surrey, GU1 4QU. Email address: customer.support@purpletravel.co.uk and phone number: 0203 053 0990. Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred. If you have any further questions after reading these Booking Conditions, then please contact our customer services team who will be happy to help you. By making a booking, you agree on behalf of all persons detailed on the booking that you have read these Booking Conditions and agree to be bound by them; you consent to our use of information in accordance with our Privacy Policy; and you are over 18 years of age.

When a booking is made all details will be read back to you. Once you have confirmed these details we will proceed to confirm the booking with the principal(s) or supplier(s). Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. Please ensure that the names given are the same as in the relevant passport. It may harm your rights if we are not notified of any inaccuracies in any document immediately.

When making your booking for your package holiday we will arrange for you to enter into a contract with the principal(s) or other supplier(s) (e.g. tour operator/airline/cruise company/accommodation company) named on your confirmation(s) for whom we act as agent. As agent we accept no responsibility for the acts or omissions of the principal(s) or supplier(s) or for the services provided by them other than as set out in these Booking Conditions. The principal’s(s’) or supplier’s(s’) Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.

2. Paying for Your Holiday

You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, you will be subject to a late payment fee of £15 upon receipt of payment or we will notify the principal(s) or supplier(s) who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions. Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned.
Payment taken at the time of booking does not itself mean that your booking is confirmed. We make reservations on a live system with travel providers we have to take payment prior to confirming the booking with the travel providers in order to have financial security for ourselves. If for any reason in the period of time between us taking your payment and seeking to confirm your booking with the travel providers any of the travel products are unavailable and we are unable to obtain a suitable alternative which is acceptable to you we will refund the monies paid for that specific travel product in full. It is extremely important that you understand that this refund will only apply to the product which is unavailable and any other aspects of bookings will not be affected, that is, you will be committed to any other products which were booked for travel at the same time such as the flight or accommodation.

When making a booking with Purpletravel.co.uk, if you are not the credit/debit card owner you agree that as party leader, you accept responsibility for the use of the said credit/debit card. The credit/debit card holder must be available to confirm the card usage at the time of booking. In the case that you attempt to use a credit/debit card fraudulently, you agree to accept all costs, liabilities and charges incurred by Purpletravel.co.uk and any litigation charges accrued by Purpletravel.co.uk in recovery of these monies. If such a case was to arise, Purpletravel.co.uk will also alert the relevant authorities and criminal proceedings will be instigated immediately.

3. Low deposit Scheme

• We may, in our sole discretion, offer you the option to pay a low deposit in respect of certain bookings. Where this offer is available on your flights or package holiday, we will pay the relevant airline/tour operator for the element of your travel arrangements, in full, on your behalf, at the time of your booking. We will require a low deposit from you as advised by your agent at the time of booking. The remainder of your deposit will be due usually within 8 weeks or less after the booking date. The final balance payment will also be confirmed to you at the time of booking and will be visible on your confirmation documents. In the event of cancellation, the full deposit must be paid in addition to any cancellation charges imposed by the applicable supplier and our administration charge. If you would like to make changes or add extras to your booking, you will be asked to pay the additional associated charges (i.e. amendment charges) when the amendments are applied. Balance payments can be taken automatically from the card originally used to make the booking. If you wish to pay any balance payments using an alternative method, please contact us no less than 7 days prior to the payment due date. If we are contacted later than this date, we cannot guarantee that payment will not be taken or attempted from your original payment method. If a payment fails, we will attempt to contact you to take payment via an alternative method, however, if we are unable to do so, we reserve the right to cancel your booking and our usual cancellation fees will apply. Alternatively, you can call our customer service team to pay each instalment.
• Installment payments . We may, in our sole discretion, offer you the option to pay in installments in respect of certain bookings. If you wish to pay in multiple installments the dates and amounts of due payments are agreed at the time of booking and are visible on your confirmation documentation. Payments will be taken automatically from the card originally used to make the booking. If you wish to pay any balance payments using an alternative method, please contact us no less than 7 days prior to the payment due date. If we are contacted later than this date, we cannot guarantee that payment will not be taken or attempted from your original payment method. If a payment fails, we will attempt to contact you to take payment via an alternative method, however, if we are unable to do so, we reserve the right to cancel your booking and our usual cancellation fees will apply.

4. If You Cancel Your Holiday

Any cancellation request must be sent to us in writing, by the lead passenger on the booking, and will not take effect until received by us, verbal cancellation requests will not be accepted. If you cancel or amend your booking, the principal(s) or supplier(s) may charge the cancellation or amendment charge shown in their Terms and Conditions (which may be 100% of the cost of the travel arrangements) and you must additionally pay us the cancellation charge as outline below:
Cancellation: Principal’s(s’) Charge + 10% of the total selling price of the booking
Partial Cancellation: Principal’s(s’) Charge + 10% of the per person selling price of the booking

If you have to cancel for a reason covered by your insurance policy, you may be able to recover your cancellation charges. Please check this with your insurance company. For any cancellations or amendment queries please contact our Customer Services Department on 0203 053 0990 or e-mail customer.support@purpletravel.co.uk.

5. If You Change Your Booking

If you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be from the person who made the booking. You may be asked to pay an administration charge of up to 35.00 GBP per person ( depending on the complexity of the change) , and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Note: Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer.

6. If we cancel your booking

We reserve the right to cancel your booking. We will not cancel less than […] weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance. Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
If your holiday is cancelled you can either have a refund of all monies paid or accept an alternative holiday of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value).
In the event a refund is paid to you, we will:

• provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
• pay compensation as detailed below except where the cancellation is due to unavoidable and extraordinary circumstances (see definition above).

This does not exclude you from claiming more if you are entitled to do so.

7. If we change your booking

(a) Changes to the price

We can change your holiday price after you’ve booked, only in certain circumstances:
Changes in [the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources] [the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports] or [exchange rates] mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 days of your departure.
We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel: 1) you must do so within the time period shown on your final invoice 2) We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy.
Should the price of your holiday go down due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

(b) Changes other than the price

It is a term of your booking that we are able to make changes to any aspect of your booking. If the change is insignificant, we will ensure that you are notified about it. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers.
If we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your package you will have the rights set out below.

• We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
• • we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
  • we will pay compensation as below except where the significant change is due to unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

8. Our Liability to You

You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to: you or another member of your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. 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 travel services that make up your package. These terms are incorporated into this booking; 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 and conditions under which compensation can be claimed 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 the extent of or the conditions under which compensation is to be paid under these or any conventions.

You can ask for copies of the travel service contractual terms, or the international conventions, from our Customer Support team – 0203 053 0990. Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted.
If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
NB this entire clause 8 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.

9. Protecting your money

We provide full financial protection for our package holidays, by way of our Air Travel Organiser’s Licence number 5534, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email claims@caa.co.uk. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

10. ABTA

We are a Member of ABTA, membership number P6944. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved.

11. Complaints

If you have any complaint or issue during your holiday, please refer to your documentation ( ie voucher) for local contact information, if the issue cannot be resolved it is essential that you contact Purple Travel for further assistance whilst in resort 0207 053 0990.

If your complaint whilst you are still on holiday, please follow this up within 28 days of your return home by writing to our Customer Relations Department giving your booking reference and all other relevant information. Please keep your letter concise and to the point and please enclose any evidence to support your complaint along with copies of any receipts of costs incurred. Please note without receipts, cost incurred may not be considered. This will assist us to quickly identify your concerns and speed up our response to you.
If you fail to follow the requirement to report your complaint in resort we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking. Please also see clause 10 above on ABTA.

12. Additional assistance

If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.

13. Passport, Visa and Immigration Requirements

We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements, and other immigration requirements for both the final destination and any stop-off points en route or in transit (specifically USA), are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the principal(s) or supplier(s) accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

Failure to hold correct documentation may result in refusal of carriage meaning you will not be able to travel or you may be denied entry to a country. Neither we nor the principal(s) or suppliers(s) will accept liability if this happens.

Most countries now require passports to be valid for at least 6 months after your return date. Please refer to the Identity and Passport Service for more information regarding Visas and Passports.

ESTA VISA – FOR ENTRY TO AND VIA USA
British travellers to the USA, this includes travellers who are just stopping off in the USA en route/in transit to another country, must apply under the Visa Waiver Program (VWP). This will allow you to visit for up to 90 days without a visa. To see if you are eligible for this, please visit www.travel.state.gov. Visitors must apply via the following website to get authorisation via the Electronic System for Travel Authorisation (ESTA): https://esta.cbp.dhs.gov We recommend that you provide this information to ESTA at least 72 hours prior to departure. If you do not have an ESTA, you will be refused travel to the USA. From 1 April 2016, all travellers wishing to enter the US under the VWP will need to hold a passport with an integrated chip (an ePassport). British passports issued since October 2006 are ePassports and carry this internationally recognised symbol on the front cover. Please note if you are not eligible or are denied an ESTA you will need to apply for a visa. To apply for a visa you may need to have an interview at a US Embassy or Consulate prior to issue. For more information you will need to contact the embassy directly.

Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details.
We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances, as well as online at National Travel Health Network & Centre.
For holidays in the EEA you should obtain an EHIC (European Health Insurance Card) prior to departure. NB this card replaced the E111. In case of passengers being refused entry by any immigration or other authority all repatriation costs are to be borne by the passenger.

The Foreign & Commonwealth Office provides up-to-date travel advice to help British travellers make informed decisions about travelling abroad.

https://travelaware.campaign.gov.uk/

14. Insurance

We strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (e.g. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance. Tour Operators also reserve the right to deny travel when proof of insurance cannot be provided. For selected destinations Travel Insurance is compulsory we advise you check this with the relevant embassy or the Foreign & Commonwealth Office.

15. City Taxes & Resort Fees

City Taxes are not included in the cost of your holiday or accommodation booking, these taxes are only payable locally either when checking in or on check-out. Similar to City Taxes, hotels in certain destinations such as the USA charge a Resort Fee. This is a Fee paid locally for full use of the hotels facilities. For further information or clarification on these charges please contact our Customer Services team.

16. Travel Agents

All monies you pay to the travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.

17. Accommodation information

The standard international practice is to let rooms from midday to midday. However, times do vary. Check-in times are usually between 2pm and 3pm, check-out times between 11am and 12 noon on the day of departure. Therefore, if you check-in immediately after a night flight this would normally count as one night’s accommodation. Similarly, if your return flight is at night you will normally be required to vacate your room at 12 noon prior to leaving for the airport. Day rooms are subject to availability/cost and should be arranged locally with the accommodation management. Please note that any local taxes will be payable to your hotel upon check-out. Accommodation ratings are displayed as provided by the supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied. Safety standards in some countries may differ from those applicable in the United Kingdom We strongly advise that all customers seek to minimise their exposure to injury by familiarising themselves with relevant safety information. From time to time, renovation or refurbishment and its associated noise are unavoidable at a hotel. If we are notified of such works we will inform you before you make your booking or within a reasonable time of us being notified.

18. Persons of Reduced Mobility

We are able to make enquiries of the supplier(s) about the suitability of arrangements for you and provide replies prior to booking. You must make all requests before a booking is confirmed. It is your responsibility to ensure that a holiday is suitable for your or other passenger’s individual needs and or requirements. Whilst we can liaise with the supplier(s) for this information we cannot accept any liability for its accuracy.

19. Behaviour

Please be aware that the terms and conditions of the supplier(s) will normally state that your stay, booking, return journey (flight/transfer) can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Suppliers will also often require you to pay for any damage you cause. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.

20. Special Requests

If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier(s) but we do not guarantee that they will be met and we will have no liability to you if they are not.

21. Law and jurisdiction

Our Terms of Business are governed by English Law and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.

If you do not agree to these Terms of Business, you should not use or access our website or confirm a booking via our call centre. The act of making a booking implies acceptance of these Terms and Conditions.