Terms & Conditions
Terms and conditions
It is our intention to set out clearly and simply the responsibilities which we at Topdeck Tours Ltd (hereafter referred to as Topdeck, us or we) have to you and which you, in turn, have to us when a contract is made between us. You should therefore read and understand the contents.
ANZAC trips in
Your contract will be with Top Deck Tours Ltd, company number 04905253 of 2nd Floor, William House,
All Topdeck's trips are sold subject to the following conditions.
- 2. (a) Please note that our trips are designed for young people between the ages of 18 and 30 something. If you are 17 years of age and wish to book on one of our tours, please contact us before making a booking as we will require the written consent of your parent or guardian. We reserve the right to decline a booking request from you should we think you are not suited to our trips.
- 2. (b) A contract will exist as soon as we issue a confirmation invoice in response to your request for a booking and the deposit has been paid to your travel agent or us.
Booking your holiday
3. Bookings can be requested either through your local travel agent or with us direct and should be secured with a deposit of £60/0 per person if booked via an agent or direct with us; or 10% per person if booked via our website, paid at time of booking. This deposit is non-refundable unless we cancel your trip. If you are booking within 42 days of departure, then full payment is required. Your booking is taken to be confirmed, and accepted, in respect of all persons travelling, when we issue a confirmation invoice. If your booking is made through a travel agent, Topdeck will address all correspondence to that travel agent. All monies paid by you to the travel agent will be held by them on behalf of Topdeck.
If you arrange your holiday direct with Topdeck, all correspondence and communications will be sent to the address of the first person listed in booking file unless you specify otherwise. Balance of all payments is required at least 6 weeks prior to your trip departure date. If you do not pay within this period we may have to treat your booking as cancelled and forfeit your deposit.
4. Alterations or cancellations by you after your booking has been accepted will be subject to the provisions of clauses 6 and 7 of these conditions.
5. Prices quoted on the website are calculated on costs and exchange rates at 01 August 2008. These prices may go up or down and we reserve the right to alter prices and other particulars contained in our brochures and on our website. Before you make a booking we will give you the up to date price of your chosen holiday. (This will be displayed on the website.) Once you have accepted this price and a booking has been confirmed (see clause 3), that price is guaranteed and will not be subject to surcharges.
6. You must clearly state all your requirements at the time of booking. If you or anyone named on your booking want to change any aspect of your booking you must tell us as soon as possible, (we recommend in writing). We will do our best to accommodate your changes but you will have to pay an amendment fee of £25/ per person per change. You will incur the fee if you wish to change to a trip of shorter duration or different departure date. If an amendment is made less than six weeks before departure, normal cancellation fees will apply (see point 8) unless transfer is to an earlier departure of the same trip, where an amendment fee is payable. If any changes have occurred a new invoice will be issued and cancellation/amendments charges will be shown.
7. If any person named on a booking is prevented from travelling as a result of illness, the death of a close relative, jury service or other significant reason, we will agree to that person's booking being transferred to another person who satisfies all the conditions applicable to the holiday, subject to both persons accepting liability for full payment of the holiday cost and any additional costs arising from the transfer. We must be given at least 21 days written notice of the change.
Cancellation by you or us
8. Cancellation of a booking by you must be made in writing; an oral message is insufficient. This avoids any misunderstanding. We will not treat a booking as cancelled until written notice is received by us. (Fax or email is acceptable). If the cancellation is received six weeks or more before departure the deposit is forfeited. If the cancellation is within six weeks of departure the following charges will apply:
|
Cancellation charges | |
|
Days before Departure |
% of holiday cost forfeited |
|
Over 42 days |
Deposit |
|
42-29 days |
40% |
|
28 -14 days |
60% |
|
13-7 days |
80% |
|
6-3 days |
90% |
|
2-0 days |
100% |
Cancellation or Modification by us
9. Every effort will be made to operate all holidays as advertised but it must be remembered that our trips are planned up to twelve months in advance. We therefore reserve the right, at our discretion, to modify or cancel any holiday, flight schedule, accommodation or arrangement at any time. We will notify you as soon as possible of any changes and if you accept them they will form part of the contract. In the case of any material modification or cancellation, we will, if possible, provide you with three alternatives:
1. An alternative trip of equivalent or closely similar standard and price, if available;
2. An alternative trip of a lower standard together with a refund of the difference in price; or
3. Cancellation with a full refund of all monies paid.
10. A material modification is one which has a serious effect on your holiday such as a change of departure date, point or airport, or change of departure time of more than twelve hours, which would cause substantial inconvenience to you.
11.We will endeavour not to materially modify or cancel the holiday within six weeks of the date of departure unless compelled to do so because of circumstances beyond our reasonable control (force majeure). If material modification or cancellation is made within six weeks of the departure date for reasons other than force majeure (see clause 22) or non-payment, and you wish to accept these changes, you will receive compensation as stated in the scale below.
Period before scheduled departure date that we notify you or your travel agent together with the compensation offered.
|
Compensation | |
|
Number of Days prior to departure |
Compensation offered |
|
Over 42 days |
nil |
|
42-29 days |
�20/ |
|
28-14 days |
�30/ |
|
13-7 days |
�40/0 |
|
6-0 days |
�80/0 |
12. Certain holidays may require a minimum number of participants and in the event that there are insufficient participants by six weeks before the departure date we will be entitled to cancel the holiday, whereupon all monies paid by you for your Topdeck trip shall be refunded but no further compensation will be paid.
13. We reserve the right to alter or substitute the type of vehicle mentioned in the brochure, depending on the number of clients carried, which vary from trip to trip. Normally maximum group size is 45 clients.
Our liability to you
14. Subject to 16 below, we will accept responsibility if due to fault on our part, or that of our agents or suppliers, any part of your holiday arrangements booked before your departure from the UK is not as described in the brochure, or not of a reasonable standard, or if you or any member of your party is killed or injured as a result of an activity forming part of those holiday arrangements. We do not accept responsibility if and to the extent that any failure of your holiday arrangements, or death or injury: is not caused by any fault of ours, or our agents or suppliers; is caused by you; is caused by someone not connected with your holiday arrangements or is due to unforeseen circumstances which, even with all due care, we or our agents or suppliers could not have anticipated or avoided.
15. For claims which do not involve personal injury, illness or death, the most we will have to pay if we are liable to you is twice the price, the person affected, paid for their holiday (not including insurance premiums and amendment charges). We will only have to pay this maximum amount if everything has gone wrong and you have received no benefit from your holiday.
16. Subject to 14 above, if any failure in your holiday arrangements relates to, or if you or any member of your party is killed, injured or becomes ill during or as a result of, carriage by aircraft, ship, train or coach forming part of the holiday arrangements booked before departure in the UK, our liability to pay compensation and/or the amount of compensation we will pay is limited in accordance with the liability of the carrier under any international convention which governs such services. International Conventions which may apply include: in respect of carriage by air, the Montreal Convention 1999 or the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the Montreal Additional Protocol of 1975); in respect of carriage by sea, the Athens Convention 1974; in respect of rail carriage, the Berne Convention 1961; and, in respect of carriage by road, the Geneva Convention 1973. The terms of these conventions are incorporated into and form part of your contract with us. In respect of death or personal injury, the liability of an air carrier under the Montreal Convention and the Warsaw Convention is limited to damage sustained in the case of death or bodily injury caused by an accident which takes place on board the aircraft or in the course of any of the operations of embarking or disembarking. You can get copies of the relevant conventions if you ask us for them or view them online at www.topdecktravel.co.uk. You should also note that these conventions may limit or remove the carrier's liability to you and the amount which the carrier has to pay to you. You should also know that the carrier will rely upon its 'conditions of carriage' which may limit or remove the carrier's liability to you and limit compensation under international conventions.
17. Under EU law you have the rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us.
18. If we make any payment to you or any member of your party for death, personal injury or illness, you must give us or our insurers the rights you may have to take action against the person or organisation responsible for causing the death, personal injury or illness and you must co-operate fully with us in seeking recovery of any payment we may make.
19.Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. Topdeck has no control over such decisions, and is therefore unable to accept responsibility for them. Where, as a result of circumstances beyond our control we are obliged to change or end your holiday after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. You should have adequate travel insurance for your holiday and claim via your insurance company for any loss or damage to luggage and/or personal possessions. In the event that any claim is made directly with us, our liability to pay compensation and/or the amount of compensation will be limited in accordance with the conventions referred to in clause 16.
20. Your booking is accepted on the understanding that you appreciate the possible risks inherent in adventure travel and that you undertake the trips featured in this brochure or on our website of your own volition. Every effort will be made to operate the trips in this brochure or on our website, but there may be a necessity to vary the itinerary, or delays may occur for a variety of reasons beyond our control. You will therefore need to undertake the trip of your choice with a flexible attitude.
21. No refund can be made for services not used once the trip has begun, howsoever this eventuality may be occasioned. The final decision on the itinerary and the content of the trip will be taken by the Trip Leader, as appointed by us in the interest of the group as a whole.
Exclusion of Liability
22. Force Majeure
22.1 We do not accept liability for any loss, damage or expense resulting from war or terrorist activities, threatened or actual, civil unrest, industrial action, threatened or actual, weather conditions, fire, flood, drought, closures, unforeseen alterations to public transport schedules, rescheduling of aircraft or boats, epidemic or outbreaks of illness or any other event outside our control which either delays or extends the holiday, or compels a change in the holiday arrangements. We will not accept responsibility for any Client who contravenes any law or regulation of any of the countries visited while on the trip.
23. Health and Medical Conditions
23.1 If you, or any member of your party have a medical condition or disability which may affect your holiday, we ask that you please tell us before you confirm your holiday booking so we are able to advise as to the suitability of your chosen arrangements. In any event, you must provide us with full details in writing at the time of booking. If we reasonably feel we are unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline the booking or ask for the person to be accompanied by a person who is able to provide full assistance to them throughout their trip.
Your liability to us
24. You must comply with all Government laws, customs and foreign exchange regulations of each of the countries visited whilst on trip. Should we detect any contravention you may be asked to leave the trip without a refund of the trip fee.
25. No passenger will be permitted to embark or continue on the trip while their mental or physical condition is, in the reasonable opinion of any representative of the company, such as to render them incapable of caring for himself or herself, or whereby they become objectionable to other passengers, or they become a hazard to themselves or other passengers. We will not be responsible for expenses resulting in such persons being precluded from completing the trip for any reason, nor will we be able to refund you any part of your trip cost. In all cases we will notify you of the situation and the reasons why we have taken this action. We will have no obligation to arrange for your return to the point of the trip departure. Further, if the trip involves travel by air, the captain of your aircraft can refuse to allow you to fly on the aircraft if he believes that you could be dangerous or disruptive in which event you will not be allowed to continue on the trip and you will not receive any refund of the trip cost paid by you.
Travel Documents
26. Please ensure you carefully read your confirmation invoice, tickets and all other documents we send to you as soon as you receive them, and contact your travel agent, or us if any information appears to be incorrect. We regret that we cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of us sending them to you or your agent. While we will do our best to rectify any changes made outside this time, it is your responsibility to meet any additional costs which may be involved, except in the case of an error made by Topdeck and where there is reason for you not contacting us within the specified time. Each passenger is responsible for ensuring that all necessary travel documents (eg. passports, visas, vaccination certificates etc.) are valid and effective. We strongly recommend that you verify current information with your Travel Agent or Embassy.
Note: At the time of publishing
Insurance
27. You must take out comprehensive travel insurance before you travel on your Topdeck trip. Your insurance must include cover for cancellation, medical and repatriation expenses, personal accident, personal baggage, money and public liability. Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive. Your travel insurance should be taken out at time of payment of deposit. Details of the Topdeck insurance can be found on this website and is very comprehensive, being written especially for our trips.
28. You also agree to indemnify us against all third-party actions taken against us for actions, accidents or damages caused by you arising from your participation in the holiday.
29. In the event of you making a claim against us for services rendered on your trip, you agree to sign over to us, any rights to take action against the supplier or any other person or party that you have the complaint against and co-operate fully with us should we or our Insurers wish to enforce those rights which have been assigned to us.
30. In the event that you make a claim against us which is covered by your insurance policy, you agree to pursue the claim against your insurance company either in addition to, or in substitution for, your claim against us. We agree to indemnify you in respect of reasonable expenses incurred in successfully pursuing such a claim and acknowledge that any settlement made by the Insurer shall not prejudice your rights against us.
31. In the event of you not making a claim before 5 days of the maximum length of time permitted by your policy, you shall assign, by letter sent by special delivery post to Topdeck not less than 5 days prior to the said specified time, the benefit of the policy to us and give immediate notice of such an assignment to the Insurer.
Complaints
32. In the unlikely event of any dissatisfaction with the accommodation or any other service provided by us, you must report it immediately to the Trip Leader so that action can be taken to remedy the problem. Failure to notify the Trip Leader of any problem immediately may result in your ability to claim compensation from us being extinguished or at least reduced. Any complaint made to us after the holiday should be made in writing within 28 days of holiday completion. In the event you do not notify us in writing within 28 days, this may affect the company's ability to investigate your complaint and may impact on the way that your complaint is dealt with.
Data Protection
33. We have measures in place to protect the personal booking information held by us. However, in order to make your booking and ensure that your travel arrangements run smoothly, we need to use the information you provide and pass it on to the operator or other relevant suppliers. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities or dietary/religious requirements. (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.)
Smoking
34. We operate a non-smoking policy on our coaches (although we make frequent stops for breaks), and in some of our accommodation, including all tented accommodation.
Luggage
35. There are strict weight limits in
Financial Protection
36. All contracts with Topdeck Tours Limited are protected for financial failure by Topdeck. This passenger protection policy is arranged via IGI Insurance. The policy will be issued upon payment of your booking. In the unlikely event of our insolvency, this will refund pre-payments and arrange for any necessary repatriation.
General
37. No servant or representative of the Company has any right to alter, vary or waive any of these conditions, nor undertake any liability whatsoever on behalf of Topdeck unless such be in writing and signed by a duly authorised person.
38. All contracts with Topdeck Tours Limited are governed by English law and are subject to the exclusive jurisdiction of the English Courts unless you are resident in
Copyright @ 2008 Topdeck
