CONSENT TO TERMS AND CONDITIONS
Access to and use of the services of Purple Banana Travel LLC (“Purple Banana Travel” and/or “our”) and our website is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through our offices or through our website, you, the purchaser and/or traveler (“customer” and/or “you/your”) agree to be bound by these terms. If you do not accept all of these terms, then please do not use our services or our websites. These terms and conditions govern the relationship between Purple Banana Travel and you, the Customer. No alterations to these terms and conditions may be made by any Purple Banana Travel employee, authorized representative or agent, unless in writing by an authorized officer of Purple Banana Travel.
PRICING
Prices and availability quoted by Purple Banana Travel are not guaranteed until deposit is fully paid. Pricing and availability may change without notice. Passenger agrees that Purple Banana Travel is not responsible for any errors or omissions in any quotes, advertisements, including on our website, resulting in inventory, content, or pricing discrepancies nor is Purple Banana Travel responsible for any errors or omissions that may occur as a result of incorrect information from third parties. Suppliers reserve the right not to honor any published prices that it determines were erroneous due to electronic, printing, or clerical error. You acknowledge this right and agree to hold Purple Banana Travel harmless for any actions or damages arising from Supplier pricing.
BOOKING ACCURACY/LEGAL NAMES
Passengers are required to immediately review all aspects of their booking to verify (but not limited to): passenger names, mailing address, email address, telephone, date of birth, pricing, airfare, arrival/departure airports, accommodations and organized activities on your booking receipt. Please notify Purple Banana Travel immediately if any omissions and/or corrections are needed regarding the booking details. Passenger(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Passenger is required to verify the accuracy of the passenger’s LEGAL first & last names. It is mandatory that guest names be identical to the Passenger(s) LEGAL first and last names and identical to the names as they appear on booking and travel documents.
RISKS/SAFETY
Travel to certain destinations may involve greater risk than others. Purple Banana Travel urges customers to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, and www.cbp.gov
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, PURPLE BANANA TRAVEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.
USE OF PURPLE BANANA TRAVEL ACCESS AND INFORMATION FOR TRAVEL BOOKINGS. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to make travel bookings with Purple Banana Travel by any means, including our Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your travel bookings (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of Purple Banana Travel communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with Purple Banana Travel is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by Purple Banana Travel shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.
Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by Purple Banana Travel and any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Purple Banana Travel debiting your account for any costs Purple Banana Travel incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by Purple Banana Travel.
GENERAL
This agreement is governed by the laws of the State of South Carolina, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Lexington County, USA, in all disputes arising out of or relating to travel bookings with Purple Banana Travel, including the use of the Purple Banana Travel Website. Use of the Purple Banana Travel Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the customer and Purple Banana Travel with respect to travel bookings made with Purple Banana Travel by any means accessing such information, including its Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Purple Banana Travel with respect to communications with Purple Banana Travel, including the Purple Banana Travel Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
SELLER OF TRAVEL
Purple Banana Travel is a registered seller of travel in Florida, Registration No. ST43150. The Florida Seller of Travel laws require all sellers of travel to have a trust account or bond.
PAYMENTS AND CANCELLATION
Final payment is due prior to departure according to each supplier’s terms and conditions. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. As a result of such cancellation, Purple Banana Travel and third party supplier’s cancellation penalties will apply, which are detailed in your travel documentation and each supplier’s websites. All cancellation fees will be charged to the credit card you authorized to pay for travel services, or deducted from the supplier’s refund.
Note: UNLESS SET FORTH IN WRITING, AIRLINE RESERVATIONS MAY NOT BE INCLUDED IN YOUR TRAVEL PLANS. In such event, it is the customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. Purple Banana Travel shall not assume any responsibility for any air and/or ground schedule changes. Every attempt has been made to include all taxes in your package. In rare instances, certain departure taxes must be paid in cash only, upon departure from a country, and may vary in price.
LATE BOOKINGS
Prospective customers are advised to reserve early to avoid disappointment and additional fees.
TRAVEL DOCUMENTS
It is the responsibility of each customer to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. Purple Banana Travel strongly recommends that you take into account that certain countries will not admit a passenger, if their passport expires within six (6) months of the date of entry. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities. Non-United States citizens may require additional documentation. See help.cbp.gov/app/answers/detail/a_id/268/kw/travel and check with your local embassy or consulate. The US Customs and Border Protection Agency requires that for USA child groups under age 19 arriving by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader.
INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. (See: travel.state.gov/travel/cis_pa_tw/cis/cis_4965.html) Purple Banana Travel feels it is an invasion of privacy for any member of our staff to make such an inquiry. For example, if traveling to or through Canada, Americans with a Driving While Intoxicated (DWI) record should always check whether current rules exclude admission, and potential waivers. (See: www.cic.gc.ca/english/information/faq/inadmissibility/index.asp)
ALTERATIONS TO CONFIRMED BOOKINGS
If you decide to change any portion of your confirmed arrangements prior to departure, we will attempt to assist you at an administrative charge of $150.00 per change.
HEALTH AND SECURITY REQUIREMENTS
It is each customer’s responsibility to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodations for security rules imposed by government authorities. Purple Banana Travel shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by the customer’s health practitioner on a valid vaccination certificate, which the customer must carry for proof of inoculation where required. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the USA State Department Website travel.state.gov, for relevant information relating to travel to specific destinations, and the USA Centers for Disease Control www.cdc.gov/travel/camerica.htm relating to health issues. For further information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States visit www.tsa.gov, www.dot.gov, www.faa.gov.us, www.ustreas.gov, www.cbp.gov Please note that USA rules regarding entry and exit change on a daily basis. Important information: see ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm for notice of insecticides used by air carriers depending on itinerary.
ACCOMMODATIONS
“Accommodations” are defined as lodgings in a dwelling or similar living quarters afforded to travelers including, but not limited to, hotels, condos, quarters in cruise ships, motels, timeshares, campgrounds, and resorts.
a. Accommodation classifications
The number of stars attributed to the hotels and other providers of accommodations quoted by Purple Banana Travel corresponds to a classification established as a point of reference in accordance with local standards in the host country. Please be advised that accommodations and the “star” designations may vary from country to country. The comments we make in our descriptions are based on our knowledge of the establishments and the comments we have received from customers. Purple Banana Travel makes no guarantee about the suitability or availability of accommodations, and if the particular accommodations sought are unavailable, we will do our best to reserve comparable accommodations, if possible. Passengers bear any additional costs, i.e. upgrades, etc. Suppliers reserve the right, for technical reasons, in cases of force majeure or actions by third parties, to replace the planned hotel with accommodation of the same category offering equivalent services. This would only be in exceptional circumstances and in such cases Purple Banana Travel will inform Passenger as soon as we are aware of this necessity.
b. Taking possession of and vacating room
Policies regarding taking possession of and vacating rooms often vary by hotel and/or country, so it is Passenger’s responsibility to check with the hotel ahead of time to verify the relevant policies and times. Purple Banana Travel is not responsible for any charges and damages resulting from Passenger’s failure to timely take possession or vacate assigned room.
c. Types of room
Room classifications and amenities may vary by hotel and/or country, so it is Passenger’s responsibility to check with the hotel ahead of time to verify the specific amenities offered at the time of their stay. Purple Banana Travel makes no guarantee that its descriptions and photographs are an exact representation of the particular rooms offered.
RESPONSIBILITY AND DISCLOSURE
Purple Banana Travel is not the source or supplier of the travel services requested, and acts solely as a booking agent for disclosed principal supplier cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services abroad. Each of these companies is an independent entity with its own management, and is not subject to the control of Purple Banana Travel. Customer is advised that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those suppliers, and understands and agrees each supplier’s Terms and Conditions are contained in printed form and/or on their respective websites governing the transaction. The transportation, accommodations and other services provided by the identified sea, ground, and air operators offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective Web sites. Because Purple Banana Travel does not have the right to control the operations of the independent operators and their suppliers, Purple Banana Travel IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, which may arise out of these services. Purple Banana Travel is not responsible for the willful or negligent acts and/or omissions of such suppliers or of any supplier or their respective employees, agents, servants, or representatives, including, without limitation, their failure to deliver or their partial or inadequate delivery of services. Customer’s retention of travel documents, reservations, or bookings after issuance shall constitute consent to the above, and further, that Purple Banana Travel shall not be liable for any accident, injury, property damage, or personal loss to Customer or to those traveling with Customer in connection with any accommodations, transportation, or other travel services or resulting directly or indirectly from any occurrences or conditions beyond its control, including, but not limited to fuel increases. Weather conditions, including but limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of the control of Purple Banana Travel. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by third party suppliers, which is beyond the control of Purple Banana Travel. Purple Banana Travel reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary or desirable, to refuse to accept or to retain as a member of any tour any person at any time, and to pass on to customers any expenditure occasioned by delays or events beyond its control. In case of any appreciable variation in its cost, Purple Banana Travel reserves the right to adjust its rates. Purple Banana Travel has solely received a commission and perhaps a service fee for this transaction and Customer agrees and understands that any recovery from Purple Banana Travel will be limited to the commission and service fee actually received by Purple Banana Travel.
FORCE MAJEURE
“Force Majeure” means, in relation to Purple Banana Travel, any circumstances beyond the reasonable control of Purple Banana Travel, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).
Purple Banana Travel shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
If Purple Banana Travel, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by Purple Banana Travel to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although Purple Banana Travel shall use its reasonable efforts to reimburse you where possible. However, Purple Banana Travel shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Purple Banana Travel of the Force Majeure and applicable cancellation fees.
Regarding civil unrest, once Purple Banana Travel has investigated the prevailing situation, as it deems fit, it shall remain in Purple Banana Travel’s sole and absolute discretion whether to proceed with the trip. You may in such circumstances cancel the trip subject to each supplier’s terms and conditions.
INSURANCE
Purple Banana Travel recommends you purchase travel insurance, this can help protect you from financial loss. Purple Banana Travel is not responsible for cancellation, emergency evacuation, accidents abroad, illness, lost luggage, flight mishaps, weather conditions, volcanic eruptions and thus recommends that you purchase available insurance coverage at an additional charge. Purple Banana Travel recommends you purchase the following types of insurance:
Trip Cancellation
Trip Interruption
Emergency Medical Expenses
Emergency Evacuation/Repatriation of Remains
Trip Delay
Baggage & Personal Effects
Baggage Delay and more
ALTERATIONS IN TRAVEL PLANS
Alterations in itinerary may be necessitated for any number of reasons, including but not limited to severe weather at the sole discretion of Purple Banana Travel and subject to supplier terms and conditions. If a property, supplier, activity, or area is deleted for any reason, it may be replaced with a comparable one.