Terms & Conditions

Terms & Conditions

Agreement between Pure Sri Lanka (part of Direct Traveller Ltd) and the Customer

This Web site is offered to you, the customer by Pure Sri Lanka (Part of Direct Traveller Ltd). Registered Office: 293 Green Lanes,
Palmers Green, London N13 4XS. Trading Address: 40-42 Hawks Road, Kingston upon Thames, Surrey, KT1 3EG.
Your use of this Web site and/or your acceptance without modification of the terms, conditions, and notices contained herein constitutes
your agreement to all such terms, conditions, and notices. If you do not agree with these terms and conditions then you are not
authorised to use this Web site.


AGENCY TERMS OF BUSINESS

These are the terms on which we will make a booking for your travel or holiday requirements. When making your booking we will arrange for you to enter into a contract with the principal (tour operator/airline/cruise company or other supplier) named on your receipt. For most bookings we act as agent for the principal but we act as your agent when making a booking with most no frills airlines and some hotels. Details will be given at the time of booking. As agent we accept no responsibility for the acts or omissions of the principal or for the services provided by the principal. The principal’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. 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.

BOOKING DETAILS
When a booking is made all details will be read back to you over the telephone or displayed clearly for your confirmation on our website. Once you have confirmed these details we will proceed to confirm the booking with the principal. 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. 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 upon request.

CONSUMER PROTECTION
Flight bookings on this web site are ATOL protected by the Tour Operator or airline. In the unlikely event of our insolvency, the CAA and/or ABTA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking.

PAYMENT
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. When you use PURE SRI LANKA to book your holiday we will ask you to provide us with credit/ debit card details in order to cover the cost of the holiday. If there are problems with the credit/ debit card that means we cannot collect the payment and we will not allow you to complete the booking and will not collect any money. In the event that we have problems processing your card after the booking is made we will notify you to provide alternative payment details. Please note that payments of balances due must be received no later than 10 weeks prior to travel. Unless you contact our administration department prior to your balance due date, the card(s) you used at the time of booking will automatically be debited for the amount due on that date – if you have used more than one card the balance will be split equally amongst the cards you originally used. It is the client’s responsibility to ensure the reservation has been confirmed and so you should not assume the automatic payment for your holiday has been taken. If for whatever reason your payment is received after the due date we reserve the right to charge a loss for all monies paid to date and an administration fee of £25.00 per person. We also reserve the right to levy 2% of the transaction value where payments are made by credit cards. If full payment is not received by the balance due date, we will notify the principal who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions. Once you make a payment on our website you are agreeing to our terms of business. You will be sent a confirmation that we have received your order request, followed by your confirmed holiday vouchers from the suppliers. PURE SRI LANKA will make every effort to ensure that your booking is confirmed. However in the unlikely event that cannot be done we will contact you at the earliest opportunity.

CANCELLATION and AMENDMENT
Any cancellation or amendment request must be sent to us in writing and will not take effect until received by us. If you cancel or amend your booking the principal 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 pay us the cancellation or amendment charge stated below. You are advised that any amendments made (names, dates, etc.) will incur administration charges from the supplier(s). PURE SRI LANKA charges an administration fee of £25.00 per amendment made. Other fees vary according to supplier. You will be notified of the exact charges at the time of amendment. You are advised that PURE SRI LANKA is not bound to comply with any request for amendment or cancellation. Any amendments or cancellations must be made in writing to PURE SRI LANKA. (By post, fax or e-mail). We are unable to accept any verbal requests for changes or cancellations. Proof of posting is not proof of receipt; therefore you are advised to confirm all changes to our Customer Services Dept. by telephone. Please ensure that you have received written confirmation of any changes to your booking prior to travel. If additional persons are added to your booking this is done on the express understanding that they understand and accept all booking terms and conditions. Cancellation of your booking will incur a fee from the supplier. This may differ from the deposit paid and will be dependent on the proximity of the cancellation date to the date of departure. Any difference between the cancellation fee and the deposit paid will be payable in full with immediate effect. In the event of non-payment, legal action will be taken to recover all monies due, plus associated legal costs.

Please note: If we are booking a flight(s) on your behalf with an airline which is a “low cost carrier”, for example ‘Ryanair’, you should note that such carriers normally operate independently of each other and are normally quite inflexible. Furthermore, they will invariably charge more for amendments once the booking has been made and levy “severe” cancellation charges. For the avoidance of doubt, when we book a flight with a low cost carrier on your behalf, you are agreeing to those low cost carriers’ booking conditions including those setting out their amendment and cancellation charges which are available on their website.

INSURANCE
Many principals 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 (eg. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance.

DELIVERY OF DOCUMENTS
PURE SRI LANKA issues its own booking documents for your reference, which will normally reach you within 7 working days. Please ensure that you check all documentation thoroughly and advise us of any errors immediately. These documents can be reissued at any time, upon request. Confirmation of your booking may also be forwarded from the supplier (subject to a minimum period between booking and departure dates). You are reminded that where your booking/s is/are made up of separate components from more than one supplier, these costs may be shown together for summary purposes and will include booking fees, administrative costs and charges, including commissions due to PURE SRI LANKA. The total price shown will be the same as your original quotation. Flight tickets are normally sent 10 – 14 days before departure. If you book within 21 days of travel, your tickets may need to be collected from the airport. Some suppliers now issue e-tickets. You will be fully advised at the time of booking. If you have any further queries, please contact our Customer Services Dept on 0844 414 1692or email info@puresrilanka.com

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 are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the principal accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date. 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. If you require specific information, you are advised to contact The Foreign and Commonwealth Office on (0207) 008 0232 or www.fco.gov.uk/knowbeforeyougo. All information provided by PURE SRI LANKA is given in good faith. Whilst our staff will try to help on matters relating to travel advice, we cannot be held responsible for any problems arising should you choose not to fully check the information given.

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. 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.

COMPLAINTS
Any dissatisfaction regarding your travel or holiday arrangements must be reported to the principal or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. 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 www.abta.com.

SERVICE CHARGES
In certain circumstances we apply a service charge for the services we provide.

Cancellation or amendment

Principal’s charge + £25 per person

Special requests after booking has been confirmed

Principal’s charge + £25 per person (min £25 per booking)

Credit card charge

2%

Collection of surcharges/additional taxes

Principal’s charge +£25

Pre-booking airline seats after confirmed booking

Principal’s charge + £5 per person

Tickets despatched by insured delivery

£10

END OF TERMS OF BUSINESS FOR PURE SRI LANKA

As you have seen our terms of business above. Below are also the booking conditions of our key suppliers. If you do not see your supplier below please contact us for a copy of their terms to be sent to you.

PURE SRI LANKA are acting as an agent to principal suppliers

These booking conditions are supplied to you in good faith, and are correct as of 01 OCTOBER 2010. For the latest conditions, please contact the supplier Senses Holidays or PURE SRI LANKA.

 

Pure Sri Lanka is an agent of Senses Holidays ATOL Protected: 6638.
Below are their terms and conditions for your reference. Upon confirming your holiday with Pure Sri Lanka you will be bound to the terms and conditions of Senses holidays and protected by their ATOL.

Terms & Conditions

1) Booking Procedure
a) Once a booking is made with us, the party leader must complete and sign a Booking Form accepting on behalf of all your party the terms of these Booking Conditions and pay a deposit of Ten per cent per person. [N.B. deposit is payable for all tailor-made and Christmas/New Year holidays]. For bookings within 8 weeks of departure, the full payment becomes due immediately upon verbal confirmation and subsequent cancellation will incur Cancellation Charges as set out in paragraph 5.

b) Your booking is considered definite and a contract will exist between you and Senses Holidays only when the Booking Form and deposit have been received and a Confirmation Invoice sent to you. No contract will exist between us prior to our issuing the Confirmation Invoice. A Final Invoice will be sent to you approximately 10 weeks before your departure date and payment will become due 6 weeks prior to your departure date. If the balance of your price of your holiday is not paid in time, we reserve the right to cancel your holiday, retain your deposit and apply the Cancellation Charges set out in paragraph 5.

c) For your guidance, we confirm that when a booking is made through an ATOL Travel Agent, all monies paid to your Travel Agent are held on behalf of Senses Holidays under the terms of our ATOL license until the date when the agent pays such monies to SENSES.

d) We reserve the right to increase the prices published in this brochure prior to the time that you book your holiday. Any increase in price will be advised to you or your travel agent before you book the holiday. Once you have booked your holiday and received our Confirmation Invoice, unless you pay in full under the terms of our Early Booking Guarantee (see below) surcharge may apply. Please see paragraph 4 below.

2) Holiday Prices / Surcharges Guarantee
The price of your travel arrangements is subjected to surcharges for increase in: transportation costs (e.g. fuel); scheduled air fares and any other airline surcharges which are part of the contract between airlines (and their agents) and Senses Holidays; Government action, such as increase in VAT or any other Government-imposed increases; currency in relation to adverse exchange rate variations.

Even in this case, Senses Holidays will absorb an amount equivalent to 2% of the confirmed holiday price. Only amounts in excess of this 2% will be surcharged, but where a surcharge is payable, there will be an administration charge of £0.50 together with and amount to cover agent’s commission. If this means paying a surcharge of more than 10% on the previously confirmed and invoiced holiday price, you will be entitled to cancel your holiday with a full refund of all money paid, except for any premium paid to us for holiday insurance and amendment charges. Should you decide to cancel for such a reason, you must exercise your right to do so within 14 days from the issue date printed on the invoice.

The price of your holiday was calculated using the exchange rates to the Sterling shown in the relevant separate brochure Price Insert. The prices set out in the Price Insert include UK International Passenger Duty (currently £20) and relevant Passenger Service Duty for Heathrow (£8.40) AND Gatwick (£6.50). We will endeavour to advise you immediately in the event of Government imposing or cancelling taxes and reserve the right to pass any new taxes on to you.

3) Cancellation By You
You (or any member of your party) may cancel your holiday at any time providing that the cancellation is made by the person signing the booking form and is communicated to us in writing via the Travel Agent with whom you made your booking. Cancellation will take effect the day such notification is received by us. As this incurs administrative costs, we will retain your deposit and, in addition, may apply cancellation charges up to the maximum shown in the following table:

Days Before Departure

Cancellation Charge (Shown as a % of the holiday price)

43 days or more

Deposit only

42-29 days

50% of holiday cost

28-15 days

75% of holiday cost

14-7 days

90% of holiday cost

6 or less days

100% of holiday cost

Special cancellation conditions apply for Christmas/New Year holidays.
Once your holiday has commenced, no refund or part refund or unused portion of your holiday will be repaid in the event of cancellation by you. Insurance premiums are not refundable. If the reason for cancellation is covered under the terms of an Insurance Policy, you may be able to reclaim these charges.

We strongly recommend that you take advantage of our special insurance scheme, which is comparatively priced. This insurance cover is applicable only if taken at the same time as booking. In the event of your arranging your own travel insurance, you must provide us with details. Such insurance should be of at least same standard as our recommended insurance.

4) Amendments By You
If, after our Confirmation Invoice has been issued, you wish to change any part of your holiday arrangements, or to change to another of our holidays, or to change departure date, we will do our utmost to make the changes, provided that notification is received in writing at our offices from the person who signed the Booking Form, or from the travel Agent, at least 8 weeks before departure. This must be accompanied by a payment of £40 per booking to cover our administration costs, plus any additional holiday cost incurred. Alterations can not be made within 8 weeks of departure. Any such request for alteration will be treated as a cancellation of the original booking and will be subject to the Cancellation Charges set out in paragraph 5 above.

Please note that certain travel arrangements, e.g., Apex tickets, are subject to the carrier’s conditions of the carriage and can not be changed after a reservation has been made; any alteration request will incur a 100% cancellation charge.

5) Amendment By Us
It is unlikely that we will have to make any changes to your holiday, but we do the plan the arrangement many months in advance. Occasionally, changes may have to be made (e.g., to itinerary, hotel accommodations, flights or other arrangements), which we reserve the right to make at any time. Changes are normally minor (such as flight times or suspension of certain hotel facilities) and we will advise you or your Travel Agent at the earliest possible date. If your accommodation has to be changed, we will do out utmost to provide accommodation of a similar or higher grade. Flight timing and carriers in the brochure are subject to change as a result of airline procedures and these details are given for guidance only. Final details will be shown on your itinerary sent with your travel tickets. If a significant change becomes necessary, we will inform you or your Travel Agent as soon as reasonably possible if there is time before your departure. Should a major change occur (such as the alteration of your outward/return flight by more than 12 hours, changes of the resort or reduction in the standard of accommodation), then provided that it does not rise through circumstances amounting to force majeure (see below), you will have the choice of either accepting the change of arrangements, booking another holiday with us, or cancelling your holiday and receiving a full refund. If you chose another holiday that is more expensive, you must pay any difference, but if it is cheaper we will make the appropriate refund. In all cases, we will pay compensation as detailed below:

Period before departure within which a major change is notified to you or your Travel Agent

Compensation per person

Up to 56 days

Nil

56-29 days

£10

28-15 days

£20

14-1 days

£30

Day of departure

£40

Important Notes
a) Compensation payments will not apply if payment of your holiday has not been received by Senses holidays by the stipulated payment date.

b) Compensation will not be payable if Senses Holidays is forced to cancel or in any way change your holiday due to war, threat of war, riot, civil strife, industrial dispute, terrorist activity, nature or nuclear disaster, fire, adverse weather conditions, technical or maintenance problems with transport, changes of schedule or operational decisions of scheduled or other airlines, or other circumstances amounting to force majeure. Senses Holidays reserves the right in any circumstances to cancel your holiday, in which case we will offer an alternative holiday of comparable standard or will refund in full of monies paid. In no case will we cancel your holiday less than 8 weeks before the scheduled departure dates, except for reasons of force majeure, or failure on your part to pay the final balance. If a cancellation occurs within 8 weeks of departure for reasons other than force majeure, compensation will be payable in accordance with clause-7.

6) Brochure
a) The descriptions and information contained in this brochure are based upon the latest information available at the time of publication. However, changes may occur as hotels are always updating facilities, but when material changes are made, we will inform you as soon as possible if there is time to do so.
b) When you travel with an airline, the conditions of the carriage of that carrier apply, some of which may limit liability. This brochure is the responsibility of Senses Holidays and is not issued on behalf of. Nor commit the airlines mentioned within it, nor any airline whose services are used in the course of the holiday. Please note that in accordance with the Air Navigation Order, an infant must be under 2 years of age on the date of the outbound flight to qualify for infant status.

7) Our Liability To You
1) We accept responsibility for ensuring that the holiday you book with us is supplied as described in this brochure and that the services we are contractually obliged to provide are to a reasonable standard. If any part of your holiday is not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your holiday. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers save where they lead to death, injury or illness, except as provided in the following paragraph.

a) We accept responsibility for death, injury or illness caused by the negligent acts and/or common omissions of our employees or agents, together with our suppliers and sub-contractors, servants and/or agents of the same whilst acting within the scope of, or in the course of their employment in the provision of any part of your holiday that we are contractually obliged to provide. We will, accordingly, pay to our client such damages as might have been awarded in such circumstances under English Law.

b) In respect of carriage by air, sea and rail and the provision of accommodation, our liability in all cases will be limited in the manner provided by the relevant international convention.

c) If any client suffers death, accidental illness or personal injury whilst overseas arising out of an activity which does not form part of the foreign inclusive holiday arrangement or excursion arranged through us, we shall, at our discretion, offer advise, guidance and assistance to help you in resolving any claim you may have against a third party, provided we are advised of the incident within 90 days of the occurrence. Where legal action is contemplated, authority must be obtained prior to assign any costs recovered or any benefits received under an appropriate insurance policy to ourselves. The financial assistance is to a maximum sum of £2,000 in total per booking.

8) Complaints
If you have a problem during your holiday, please inform the relevant supplier, (e.g. hotel) and our local representative immediately, who will endeavour to put things right. If your complaint can not be resolved locally, you must complete a report form, which can be obtained from our local representative, the original of which is for you and a copy will be forwarded to us. Please follow this up within 28 days of your return home by writing to out Customer services Department giving your booking reference number and all other relevant information. It is therefore, a condition of this contract that you communicate any problem to the supplier of the services in question and to our representative whilst in resort and obtain a written report form
 and write promptly to us within 28 days of your return. If you fail to follow this simple procedure, we can not accept responsibility as we have been deprived of the opportunity to investigate and rectify the problem.

9) The Contract
This contract is made on the terms of these Booking Conditions, which are governed by English law and the exclusive jurisdiction of the English Courts.

10) Flights
a) Delays: Flights featured in this brochure are by reputable scheduled airlines who will usually provide refreshments, meals, or accommodation when there is any substantial flight delay and when this is possible to arrange. We do not arrange to provide refreshments, meals or accommodations ourselves if there is any delay at the outward or homeward points of departure and these facilities are not offered by the airline.

b) Flight Routings
Direct Flight: a flight where there is no change of aircraft en route, but stops are possible for refuelling or to allow passengers on/or off.
Non-Stop flight: a flights without stops or change of aircraft en route.
Flight ‘via’: a flight via a point as stated in the itinerary and where there is at least one aircraft change en route.

c) Flight Changes. In the event of a change of airline, aircraft type or destination airport, cancellation of your contract will be subject to our normal cancellation charges. In circumstances where we are advised by the airline of such a change we will endeavour to advice you or your Travel Agents. Minor timing changes, if known, will be shown on your flight ticket/s and itinerary. You should check this carefully on receipt.