Agency terms of business
Last revised 17th October 2016
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 Purpleholidays.com Limited of 4th Floor, 9-10 Vine Place, Tyne & Wear, Sunderland SR1 3NE (“we” or “us”). 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.
We are an Accredited Body Member of Hays Travel Limited, ATOL 5534. This means that Hays Travel allow us to trade under their ATOL in accordance with the terms of Accredited Body membership.
We sell travel services on behalf of Hays Travel and benefit from Hays Travel’s membership of ABTA with membership number P6944
We act only as an agent. When you make a booking your contract (or contracts) will always be with the supplier(s) of the travel services you have booked. Our obligations to you may vary depending upon which arrangements you book with us, and we set them out clearly below.
These are the terms on which we will make a booking for your travel or holiday requirements. When making your booking we, as an agent, 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 receipt(s). We can book you a package holiday, in which case you will have one contract with the principal, or we can book the services that make up your holiday with different principals or suppliers, in which case you will have separate contracts with each of them.
As each component will be provided by different third party providers of the components you have selected. Your contract will be with the individual suppliers and not with us. Since you create your own travel arrangements by adding each component separately to create your own bespoke booking, this is not a package and therefore you are not protected under the Package Travel Regulations; and unless you book a Flight-Plus, your booking may not benefit from ATOL protection either. Until a component has been confirmed by the individual supplier, no contract has been formed.
As an agent we accept no responsibility for the acts or omissions of the principal(s) or supplier(s) or for the services provided by them. 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.
All travel arrangements which we provide or which are sold through us are not an offer by us to sell any travel arrangements, but an invitation to you to make an offer to the suppliers of the arrangements. We are free to accept that offer on behalf of those suppliers or to reject it.
2. CONDITIONS OF SUPPLIERS
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
3. OUR RESPONSIBIITY FOR YOUR BOOKING
Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
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.
The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies.
If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes.
If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available on our website at http://www.purpletravel.co.uk/privacy_policy.
We and Hays Travel would also like to store and use your personal data for future marketing purposes. If you do not wish to receive future marketing material, please notify us in writing.
5. CITY TAXES AND 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.
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.
7. (i) 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.
Please note that the usual card payment fees (please see below) will be payable on every payment you make under the low deposit scheme.
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 installment.
7. (ii) 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.
8. CANCELLATION AND AMENDMENT
Any cancellation or amendment 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 or amendment charge stated in the “Service Charges” section of this document.
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.
It is possible that your Supplier or Principal Provider for your holiday may need to make a change to your booking. If this is the case we will endeavor to advise you as soon as we are made aware by email and/or by phone. Any changes made by the Supplier or Principal, will be subject to their own Terms and Conditions.
We do not accept responsibility for any expenses or costs incurred by you as a result of the change.
9. FORCE MAJEURE
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our control or the control of the supplier concerned.
Many principals/suppliers require you to take out travel insurance as a condition of booking with them. In any event, 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.
11. DELIVERY OF DOCUMENTS
Purpletravel.co.uk will send by email, or post if stipulated, a booking confirmation, receipt, together with other correspondence relevant to your holiday, within 2-5 working days after you make your reservation. Please note that any incorrect information on this correspondence should be brought to the attention of our Customer Services Department as soon as possible to try and avoid any amendment charges to correct said information. Final travel documents will be sent 7 – 10 days prior to your departure.
All documents (e.g. invoices/tickets/Insurance policies) that require to be posted will be sent to you by First Class or Standard post depending on urgency. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you. You can ask for delivery by other means subject to the charges stated below (SERVICE CHARGES).
12. PASSPORTS, VISAS AND HEALTH
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.
13. FINAL TRAVEL ARRANGEMENTS
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. These details are provided to you with your booking confirmation. Please ask us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm, you may be refused permission to board the aircraft and you are unlikely to receive any refund and Purpletravel.co.uk will not be liable for any repatriation costs incurred.
In our capacity as an agent, Purpletravel.co.uk will commit to perform all of its duties at the highest level of professionalism and based on ABTA’s code of conduct in order to ensure that your travel arrangements will run as smoothly as possible.
If you have a problem during your holiday, please speak to the hotelier directly if the issue cannot be resolved it is essential that you communicate any complaint to the supplier of the services in question as well as to your supplier’s representative without delay and complete a report form whilst in resort. If you fail to follow this procedure they will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. You can also contact our Customer Services Department for any assistance whilst in resort 0207 053 0990.
If your complaint is not resolved locally, 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 the matter cannot be resolved and it involves us or another ABTA member then it can be referred to the arbitration scheme arranged by ABTA, see www.abta.com
15. SERVICE CHARGES
In certain circumstances we apply a service charge for the services we provide. Please note that the term Service Charge does not refer to us putting together a holiday package, it is our standard charge for the service of acting as booking agent.
- SERVICE CHARGES
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
Amendment: Principal’s(s’) Charge + £35 per person
Special requests after booking has been confirmed: Principal’s(s’) charge
Booking/Administration Fee: Your booking may be subject to a fee. This fee will not exceed £30.00 per person. You will be advised of this charge prior to any payment being taken
Credit Card Charge: 2.5%
American Express Charge: 2.5%
Arranging Passports and Visas: Passport/Visa fee + £5 per person
Pre-booking airline seats after confirmed booking: Principal’s(s’) charge + Up to £35
Tickets dispatched by courier: Cost of courier
Tickets dispatched by insured delivery: Cost of Courier + £30
International telephone/fax calls: Cost of calls
16. ABTA PROTECTION
We sell travel services on behalf of Hays Travel Limited and benefit from Hays Travel’s membership of ABTA with membership number P6944
ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. 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.
Arbitration can be used to settle alleged breaches of contract and/or negligence between consumers and ABTA Members. If your claim includes an element of minor illness or personal injury then this can also be considered by the arbitrator, but is limited to £1,500 per person. ABTA’s Arbitration Scheme has helped consumers for more than 40 years. The scheme allows consumers to resolve disputes without going to court; it is speedier, less formal and costs less than instructing solicitors.
17. YOUR FINANCIAL PROTECTION
Many of the travel arrangements that we sell are protected in the case of the financial failure of the travel company, by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services bookable with ourselves. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate
We provide security for Flight-Plus bookings by way of an ATOL (number 5534) administered by the Civil Aviation Authority (see section below on Flight-Plus Bookings).
Please note that ATOL protection is not available for flights with low-cost carriers or where your payment is made direct to airlines unless they are part of a Flight-Plus (see below). Where necessary, we will add supplier failure insurance to your booking automatically. This protects you by insuring us against the costs of refunding or replacing your booking if a supplier fails. If applicable we will charge an administration fee for supplier failure cover which will be shown on your booking confirmation.
A Dynamic Package is not the same as a Package using the definition from the Package Travel, Package Holidays and Package Travel Regulations 1992 ("Package Travel Regulations 1992") nor the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 1995, Amended 2003 ("ATOL Regulations").
If you are booked into a package holiday with a third party tour operator, then the above regulations/legislation will apply. As we are the booking agent, the Principal (afore mentioned package holiday tour operator) will be providing the package and not Purpletravel.co.uk.
18. FLIGHT PLUS BOOKINGS
Booking a Flight-Plus provides you with ATOL protection under ATOL number 5534 in the event of supplier insolvency, but we are still acting as agent for the individual suppliers and a Flight-Plus booking does not constitute a Package.
A Flight-Plus is where you purchase through us, at the same time or within a day of each other, a flight plus overseas accommodation and/or car hire from separate suppliers (i.e. not a package holiday). When you make a Flight-Plus booking through we will give you an ATOL Certificate showing what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. On all Flight-Plus holiday arrangements, your money is ATOL protected meaning that you will be able to continue with your holiday or receive a refund of the amount paid to us in the unlikely event of our insolvency or the insolvency of your service providers. Please note however that we have no liability beyond that for insolvency as set out in the ATOL scheme, because we act as agent of the suppliers.
An ATOL Protection Contribution of £2.50 per passenger is payable to the CAA on Flight-Plus bookings and this will be reflected on your booking summary as a charge for “Flight Plus”.
For more details as to when a Flight-Plus exists and the protection provided under the ATOL scheme please see www.caa.co.uk.
In respect of Flight-Plus bookings, we are obliged to tell you:
• We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are 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, or the suppliers identified on your ATOL certificate, 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.
19. 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.
It is your responsibility to verify the check-in and check-out times directly with your accommodation supplier. Please note that any local taxes and expenses will be payable to your accommodation supplier in resort on 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.
20. ELDERLY/ DISABLED CLIENTS
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.
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.
22. 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.
23. 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.