Terms and Conditions: TERMS & CONDITIONS 2019

Below you will find our Booking Conditions, Important Information regarding our additional services and offers, and our Website Terms & Conditions.

Booking Conditions

1. Our Details

We are Purple Tree Travel, a limited company incorporated in England trading as Purple Tree Travel (company number 11111 959) whose registered address is at 2 Bedford Court, 88 A Church Street, Weybridge, Surrey, United Kingdom ('we', 'us', 'our'). We are specialist travel organisers and our business operates out of the United Kingdom (UK). Our services are as advertised.2. Application of These Booking Conditions

Your contract with us is subject to these booking conditions. A contract will exist between us once you have paid your deposit (or such other fee as may be appropriate, for example where you are making a 'late booking') and we have issued you with our booking confirmation. If any part of our contract with you is found to be invalid or unenforceable, then the remainder of it will not be affected and will remain valid and enforceable.

When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions and agree on behalf of everyone travelling in your party to be bound by them. All bookings must be made by a person aged eighteen years or over. Where your booking is for more than one person, the first-named person in your party aged eighteen years or over will be treated by us as the 'lead name' for your booking. The lead name will be responsible for making all payments due to us in accordance with our contract.

Completion and submission by you of our Booking Form will be treated by us as confirmation that you have read, understood and accepted these booking conditions.

2. Law and Jurisdiction

This contract is governed by English Law and the exclusive jurisdiction of the English courts.

3. Financial Protection

Your Financial Protection. When you buy an ATOL protected flight or flight inclusive package 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, 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 reassigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

When you buy a package holiday that does not include a flight, protection is provided by way of a bond held by ABTA - The Travel Association, 30 Park Street, London, SE1 9EQ. For further information please see: www.abta.com.

4. The Price of Your Holiday and Payment

You will be notified at the time of booking of the price of your holiday. What this price includes will be confirmed to you by us at the time of booking and set out in our booking confirmation. You will be required at the time of booking to pay us a non-refundable deposit, typically 10% of the quoted holiday price, and the full holiday price of a booking should be made at least 60 days prior to departure. In certain circumstances (depending on the nature of the booking) we will require a non-refundable deposit in excess of the usual 10%. On occasions, our suppliers require additional amounts up to full payment in advance (for example for Christmas bookings). On these occasions we will require additional payment in advance.

We accept cheques, bank transfers and credit or debit card. There are no fees for any payment method. If your booking is made so close to the departure date that it is necessary to issue your documents on departure or send them to you by special delivery, there will be an administration charge payable by you of £25 per booking.

Whilst you are on holiday or before you depart you may, for example through our concierge service, book other holiday arrangements that do not form part of your holiday contract with us and which are not included in the price of your holiday, even though we may assist with arranging them. We reserve the right to pass on any charges levied on us from time to time by our suppliers in respect of any other holiday arrangements made by us or a concierge on your behalf.

Your holiday price does not normally include:

• Visa fees, overseas airport departure charges payable locally, porterage, personal expenditure, hotel extras, fuel and extras for car hire.
• Taxes or compulsory charges introduced by governments, regulatory bodies or airlines after you have booked.
• Security charges introduced or increased after you have booked relating to transportation costs.
• Holiday insurance

5. Changes or Cancellation by You

5.1. Changes by You

If you wish to make any change to your booking at any time after our booking confirmation has been issued, we will try but cannot promise to meet your request. We require your authority in writing before we can make any change. If a change is requested in relation to a group booking we require the authority in writing of the lead name before we can make the change.

5.2. Cancellations

If you wish, following the issue to you by us of our booking confirmation, to cancel your booking or any part of it relating to any person (in the case of a group booking), we will require your authority in writing, or in the case of a group booking, the authority in writing of the lead name to do so.

Our cancellation charges will apply (see the table 'cancellation charges' at paragraph 8.3 below). These are calculated with reference to the date on which we receive your authority in writing. We will not refund to you any deposits, administration charges, insurance premiums or any other fees or charges made by us and paid by you relating to your holiday in the event of cancellation by you.

We incur costs from the time you make your booking and you agree that if you cancel your booking you will compensate us for our losses and expenses, as per the table below. Our cancellation charges increase the nearer the cancellation is made to your departure date as we may not be able to resell your holiday without making significant price reductions, or at all.

We strongly recommend that you take out insurance cover for cancellation adequate to cover the value of your holiday. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

5.3. Cancellation charges

Number of days left before your due date of departure when your authority in writing is received by us. Cancellation charge (expressed as a percentage of the total holiday price):

60 days or more Deposit only

59 - 43 days: 40%
42 - 29 days: 60%
28 - 7 days: 90%
6 days or less: 100%

6. If We Have to Change or Cancel Your Holiday

6.1 Cancellation by Us

We reserve the right to cancel your booking. We will not cancel less than 8 weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance or because the minimum number required for the package to go ahead hasn't been reached. Unavoidable and extraordinary circumstances mean a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. The minimum number required will be provided to you with the holiday description, along with the time limit for us to tell you if the package has to be cancelled.

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.

Period before departure in which we notify you Amount you will receive from us

59 - 43 days: £10
42 - 29 days: £25
28 - 15 days: £45
14 - 8 days: £60
7 - 0 days: £75

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

6.2 Changes to the Price

We can change your holiday price after you've booked but 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.

6.3 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.

If you choose to accept a refund:

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.

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

Period before departure in which we notify you Amount you will receive from us

59 - 43 days: £10
42 - 29 days: £25
28 - 15 days: £45
14 - 8 days: £60
7 - 0 days: £75

7. 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: (i) you or another member of your party; or (ii) a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or (iii) 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.

If you have any special requirements (dietary or otherwise) you must inform us of these at the time of booking so that we can pass these onto our suppliers. We cannot guarantee that your requirements will be met, however, and we are not liable to you in the event that your wishes are not met.

8. Your Responsibility

(a) It is your responsibility to ensure that you and everyone travelling with you have valid passports, appropriate visas and vaccinations. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Some countries (particularly in Southern Africa) require your passport to have two blank pages for a visa stamp. As a result, if you are travelling in more than one country that requires this you will need to have more blank pages - for example, if you visit South Africa and Namibia, both of which require two free pages, and re-enter South Africa to fly home, you would need six blank pages. If you have any doubts about the number of pages required, we advise erring on the side of caution, even if this means applying for a new passport.

(b) You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us before you book your holiday or, if newly diagnosed, before your due date of departure so that we can pass these details on to our suppliers in good time. We are not in any circumstances liable if any carrier refuses you or any member of your party as a passenger as a result of any medical condition or disability. Women 28 weeks or more into pregnancy at the time of return travel must have a doctor's certificate confirming that they are fit to travel (note airlines normally require certification at 32 weeks). We are not liable for any costs, delays or illness resulting from your failure to meet any requirements.

(c) You are responsible for your behaviour and that of your party. We and our suppliers reserve the right to refuse your booking or the right to board or the right to travel and to remove you and/or any member of your party from any transport, accommodation or any part of your holiday if you or any member of your party is drunk or under the influence of drink or drugs; if you are or we reasonably believe that you are in unlawful possession of drugs; or are behaving violently, disruptively, dangerously or irresponsibly or in any manner whatsoever which presents a risk to you or others or is causing a nuisance or annoyance to others. No refund will be given, or compensation paid, and no costs or expenses for which you become liable or which are incurred by you will be made by us or be recoverable by you from us in such circumstances. You may also become the subject of police inquiry or security measures or investigation and liable in the event that any offence is committed to criminal prosecution and penalties whether in the UK or in any other country having jurisdiction in respect of the alleged activity. You must fully cooperate with and follow any safety procedures and instructions given by any organisation which is running the activities which you do while on holiday. It is possible that such organisations will require you to sign a waiver form in respect of the activity being carried out.

9. Complaints

If you have a problem during your holiday, you must inform the relevant supplier whose service is involved and our local representative (or if they cannot be reached, please contact us on our 24-hour emergency number (+44 01932 550 333) without undue delay, who will endeavour to put things right. If the problem cannot be resolved locally and you wish to complain, full details must be sent to us in writing to arrive within 28 days of your return giving your booking reference and all other relevant information. Please keep your letter concise and to the point. If you fail to follow the requirement to report your complaint whilst on holiday, we will have been deprived of the opportunity to investigate and rectify it whilst you were on holiday and this may affect your rights under this booking.

10. Updates

Our Booking Conditions are updated from time to time. The Booking Conditions which will apply to your holiday are those on our website at the time of booking. There may be additional terms & conditions which apply to our special offers, promotions and discounts from time to time. These will be notified to you at the time of booking should you inform us that you would like to take advantage of them.

11. Use of the Website

The Website shall be accessible free of charge in any place to any User with an Internet connection. All costs charged to the User to get an Internet connection and access to the Services remain at his charge.

12. Guarantee and Liability

Purple Tree Travel shall make its best efforts to provide a 24/7 access to the Website, except any event beyond the actual control of Purple Tree Travel and subject any repairs and maintenance work required to ensure the Website runs smoothly.

Purple Tree Travel shall not be held responsible in case of any technical failure, breakdown, operational issue or interruption, preventing access to the Website or any of its functionalities.

The User's devices remain under his own responsibility. The User shall take any appropriate measure to protect his own devices and his private data.

13. Intellectual Property

All content and material regarding Services such as writings, graphic elements, video and audio clips, logos, photos, icons, pictures are the exclusive property of Purple Tree Travel Company or its licensors. They are protected by applicable copyright laws. Contents and materials on the Website, which is operated, licensed or controlled by Purple Tree Travel cannot be copied (except for the User personal use only) neither distributed, republished, downloaded or forwarded in any way without written prior authorisation from Purple Tree Travel.

Modification or use of the Website content and material for any other purpose shall violate intellectual property rights of and its licensors. Purple Tree Travel and its other brands, as well as their logos, are registered trademarks and they are the exclusive property of Purple Tree Travel.

Unauthorised use of OTC's Trademarks, displayed on the Website or on Services materials, is strictly prohibited by law

14. English Law

The present Terms of Use will be governed by English Law and any dispute will be resolved exclusively by the English courts. Our Terms of Use do not affect your statutory rights.