By requesting services from, or making travel arrangements through, or making payment to Purple Dragon, Ltd, you as our customer (the "Guest") agree to be legally and contractually bound by these Terms and Conditions on behalf of yourself and any other people traveling with you, so please read them carefully:
The Guest's request for services, payment for services, and/or retention of tickets, reservations, vouchers, and/or other travel documents in any form, shall constitute his or her consent to these Terms and Conditions. The Guest agrees to these Terms and Conditions on behalf of all other persons traveling in his party, and accepts the duty to convey these Terms and Conditions to each of them.
What is Included
Costs for all travel arrangements, goods or services are at the Guest's expense if they are not specifically described as "included" in our travel arrangement descriptions. Changes and/or additional requests are at the Guest's expense. Prices quoted do not include airfares, airport taxes or excess baggage charges, personal or baggage insurance, laundry, drinks or meals, room service or mini-bar charges, telephone, fax or E-mail charges, insurance, taxes or duties, gratuities, incidental expenses or items of a strictly personal nature.
Purple Dragon is not a travel agency and does not write airline tickets. Guests are both welcome and encouraged to arrange their own flights in conjunction with our packages. While we make every effort to obtain competitive airfares, we make no guarantee that the fares we obtain through negotiations with outside sources will be lower than you might be able to find independently.
We will, however, under most circumstances, make flight reservations and arrange for airline tickets in conjunction with our tour packages as a courtesy to our Guests and for a fee of US$25 in addition to the face value of each ticket in addition to VAT and credit card transaction fees. In such cases, the Guest releases Purple Dragon from any and all consequences arising from the Guest's purchase or use of such air transportation, including losses, delays and injuries. Furthermore, it is agreed that Guest's purchase of land arrangements is not contingent upon the availability of or cost of airline transportation. Refunds are subject to applicable carrier tariffs as well as an administrative charge of $50 (or more) at the discretion of Purple Dragon.
Unless otherwise stated, full prepayment of all travel arrangements is required upon the Guest's acceptance of a Reservation Summary. A written Confirmation of travel arrangements is generated after receipt of payment. Prices and availability of hotels, guides, transportation or any other components of travel arrangements are subject to change prior to Confirmation.
If reservations are made and accepted more than 60 days in advance and the total cost is expected to exceed US$1,000, we may, at our discretion, allow a non-refundable deposit of 25% of the total cost in lieu of prepayment. In such an event we will proceed to make all necessary reservations with the understanding that the remaining balance will be paid within the deadline given at the time the Guest makes requests reservations. Package prices and airfares are subject to change and prices in effect at the time the final payment is made shall prevail.
Deposits and Fees for Special Services
Practically everything we offer and the applicable prices can be found on our website. We are happy to create customized itineraries based on our all-inclusive package. You can read deails about custom tours and services we charge for here: www.purpledrag.com/customtour.htm.
We adhere to a "three email" policy. In our experience, potential customers can make a decision about whether to work with us or not after asking questions in three emails, to which we have replied. At that point, at our option, we will ask you for a deposit to continue to work with you. The deposit is is $40 to $75 per hour, depending on who you are working with, with a four hour minimum. If you purchase travel arrangements equal to five times the deposit we request, you can apply what you have paid to the cost of the arrangements you make. We do not book any hotels or other arrangements, or check availability for anything unless we have have a deposit or full prepayment in hand. Deposits are not refundable. If unused, they expire 90 days after the date the deposit is made.
We do not normally make firm hotel or flight bookings, plan custom itineraries, or check availability of hotels or other services until we have received prepayment or, in some cases at our discretion, a deposit. The amount of the deposit will be based on our estimated cost of for the entire trip, is not refundable, and will be applied to the final cost of the arrangements ultimately made.
Our acceptance of a deposit is not a guarantee that we will be successful in finding hotels, flights or other travel arrangements that you will find ideal. Substitutions may be required, and we promise to do our best to find suitable alternatives to give you the a coparable experience. If at the outset we do not believe we will be successful in providing anything suitable, we will not request or accept a deposit.
Changes, Cancellations, Refunds, and Disputed Charges
Cancellations must be in writing, must bear the Guest's signature, and are considered to have been made on the date received by Purple Dragon. Notices of cancellation by email are not acceptable. Unless otherwise specified, all payments for land arrangements become non-refundable 30 days prior to scheduled arrival. All cancellations received between 31 and 60 days prior to scheduled arrival are subject to a 50% cancellation penalty. Cancellations made more than 60 days prior to arrival are subject to a 20% penalty. In addition to any out-of-pocket expenses, refunds and fees for changes may be subject to fluctuations in currency exchange rates, as well as penalties and charges imposed by our suppliers. In certain cases, such as one-time tours, special events and travel during holiday periods, different payment, cancellation and refund policies may apply. Any such exceptions will be described in Purple Dragon's advertising or promotional information and are considered to be incorporated with these Terms and Conditions.
Changes made more than thirty days before the Guest's first date of service may be subject to an administrative fee at the discretion of Purple Dragon if the Guest has already been sent a written confirmation. The fee will be limited to 10% of the total cost of land arrangements or US$100, whichever is higher, not including penalties imposed by hotels, airlines or other suppliers. Following any changes made by Purple Dragon, an Amended Confirmation will be produced for the Guest. Purple Dragon is not responsible for any unconfirmed changes. Unused services or arrangements are non-refundable.
Changes made by any guest fewer than thirty days before his first date of service may be subject to an administrative fee at the discretion of Purple Dragon regardless of whether or not a final confirmation has been sent. The fee will be limited to 25% of the total cost of land arrangements or US$250, whichever is higher, not including penalties imposed by hotels, airlines or other suppliers. Following any changes made by Purple Dragon, an Amended Confirmation will be produced for the Guest. Purple Dragon is not responsible for any unconfirmed changes. Unused services or arrangements are non-refundable.
Insurance is available to protect Guests from losses due to illness and other causes. Purple Dragon strongly recommends adequate insurance coverage to cover any potential losses that might arise from cancellation of all or part of any Guest's travel arrangements.
In the event that your preferred hotel is unavailable, we reserve the right to substitute a hotel of comparable price and amenities. We will always inform you about this in advance.
Purple Dragon reserves the right to cancel any travel arrangements for any reason and to promptly refund full prepayment to the Guest.
Disputes and Disputed Charges. We are reasonable people who have an excellent reputation for the quality of the services we provide. However, if you feel you have any kind of financial claim regarding charges to your credit card or by PayPal related to arrangements we have made for you, you agree by accepting these Terms and Conditions to the following resolution procedure: Please contact us in writing with your specific claim before you submit a claim to your credit card company. We will immediately send you an acknowledgement of receipt of your claim to prove that we have received it. We will then examine all of the facts available to us and make every attempt to resolve the issue. If you send a claim resulting in a "charge-back" to your card-issuing bank before you attempt to resolve your claim as described above, we may have legal grounds to dispute the validity of your claim because you breached this agreement. In any event, should we receive a notice of a dispute from your credit card company or PayPal, we will answer them directly whether we agree or disagree with you. Should you attempt to defraud Purple Dragon by means of disputing any charges and we prevail with your credit card company or PayPal, we reserve the right to file criminal complaints with relevant legal authorities in both your country and ours, which we promise to pursue vigorously.
Our Expectations of our Guests
Purple Dragon is not a sex tour company and our guides are not sex workers. Our guests agree to treat our guides with respect and dignity. Our guides are authorized to stop a tour immediately in the event the behavior of any guest becomes threatening, or if he harasses the guide either physically or sexually. In such cases, there will be no refund, as the guest will be deemed to have himself terminated the tour.
Any Guest whose behavior contravenes local or international laws, or threatens the safety or comfort of service personnel or other guests, may have their travel arrangements suspended immediately without refund.
Limitations of our Liability
The Guest voluntarily assumes all risks with respect to travel arrangements made by Purple Dragon or its agents. The Guest agrees not to hold Purple Dragon liable for any and all injuries, damages, delays or losses, whether actual or consequential, caused by circumstances beyond Purple Dragon's control including, but not limited to, terrorist activities, social or labor unrest, acts of war, mechanical or construction failures or difficulties, diseases, local laws, climatic conditions, abnormal conditions or developments, or any other actions, omissions, or acts of God.
Purple Dragon acts only in the capacity of an agent for hotels, restaurants, guides, transportation companies, attractions and other suppliers which provide components of its advertised travel arrangements. As such, the Guest agrees not to hold Purple Dragon liable for actions, errors, negligence or omissions on the part of such suppliers.
The Guest is individually responsible for complying with all visa and health requirements of the countries they have been scheduled to visit. Passports must be valid for at least six months from the date the Guest is scheduled to arrive at his destination. However, some countries may require longer validity. Reconfirmation of air travel is the responsibility of the Guest. Meeting scheduled transportation pick-ups is the responsibility of the Guest. The Guest assumes all responsibility for, and hereby releases Purple Dragon from, any duty of checking, verifying, or reconfirming requirements any and all travel and health documents or the safety and security conditions of all destinations, and for the Guest's own compliance with any such regulations. Purple Dragon cannot be held liable for any illness, delay, or cost resulting from the Guest's failure to meet these requirements.
Some Purple Dragon programs may include use of bicycle, motorbike or other means of transportation that is controlled by the Guest. The guest acknowledges that his use of such transportation is optional and ultimately of his own free will. The Guest warrants that he sufficiently skilled at and physically able to operate such transportation in a manner that will not put himself or others at any risk. Guest assumes all consequences, responsibility and liability for damage to property or injury or death of himself or any other person. Guest indemnifies and agrees to hold Purple Dragon harmless from any liability of any kind arising from his use of such means of transportation.
Some of Purple Dragon's personnel and contractors are trained to perform CPR (cardio-pulmonary resuscitation, which is emergency intervention for "heart attacks") and other first aid procedures. The Guest acknowledges that these personnel are not medical professionals and that no guarantee is made as to the outcome of such procedures in the event they are employed in an emergency. Consequently, the guest agrees to rely on the judgment of those personnel who may perform these procedures as to their necessity, and that the Guest further agrees to hold Purple Dragon, its individual employees, or its contractors harmless for the consequences of any emergency procedures that may be performed. You, the Guest, are required to notify Purple Dragon in advance if you do not want anyone who is not a medical professional to intervene in the event anyone else, in their own best judgment, believes such intervention is necessary. To do so, please fax us your instructions with your signature to: +(66 2) 632-8664. If the Guest has a history of heart disease, stroke, type 2 diabetes, epilepsy or any other medical condition that might require emergency medical attention, it is the duty of the Guest to inform Purple Dragon with the details of their medical history in advance of commencement of any services provided by Purple Dragon.
The Guest is strongly encouraged to purchase insurance covering cancellation, theft, lost baggage, injury, illness, emergency evacuation, or other unforeseen circumstances. Purple Dragon will be happy to suggest sources of insurance to anyone who is not able to identify agents or underwriters on their own.
Please Also Note
Wherever possible, Purple Dragon uses gay-owned, gay-managed, or gay-friendly accommodations and service providers. However, use of a specific hotel or service provider in no way implies sexual orientation of any individual, or that sexual services of any kind are provided, nor does the use of our travel arrangements in any way imply the sexual orientation of the Guest or other guests.
Our staff, guides, and service providers are neither servants nor sex workers, so please treat them with due courtesy and respect. Please resolve any conflicts with the management of Purple Dragon rather than with hotels, other suppliers or guides.
rev. 12 November 2009