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Australia & New Zealand - US

TERMS & CONDITIONS

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It is our intention to set out clearly and simply the responsibilities which we at Top Deck Tours Pty Ltd, a company registered in Australia, (ABN 30 107 934 841) (hereafter referred to as "Topdeck, us or we") have to You, your heirs, executors and assigns and any member of your party and their heirs, executors and assigns ("You") and which You, in turn, have to us when a contract is made between us. You should therefore read and understand the contents.

All Australia and New Zealand extended trips in this brochure are operated by Topdeck. Your contract will be with Topdeck as the operator and are sold subject to the following conditions ("these Conditions").

1. a) Please note that our trips are designed for young people between the ages of 18 to 39 years. We may in special circumstances approve persons slightly outside this range, but you must contact us for approval before making a booking. 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 and you must be travelling with an accompanying passenger 18 to 39. We reserve the sole right to decline a booking request from You should we think our trips are not suited to You.

b) A contract between You and us will exist as soon as we issue an invoice in response to your request for a booking and the deposit has been paid to your travel agent or us.

BOOKING YOUR TRIP

2. Bookings can be made either through your local travel agent or with us direct and must be secured with a deposit of £60 per person paid at the time of booking. This deposit is nonrefundable unless we cancel your trip. If You are making a booking within 42 days of departure, then full payment is required. If a trip comprises a special offer, remittance is required as per the conditions outlined. Full payment in this instance includes but is not limited to pre and post accommodation and any ancillary charges. Open dated Passes must be paid in full at time of purchase.

Your booking is taken to be confirmed, and accepted when we issue an invoice. If your booking is made through a travel agent, we 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 trip direct with us, all correspondence and communications will be sent to your address in our booking file unless You specify otherwise. Balance of all payments is required at least 42 days prior to your trip departure date. If You do not pay within this period we may deem your booking cancelled and your deposit forfeited.

3. Alterations or cancellations by You after your booking has been accepted will be effected subject to the provisions of clauses 5, 6 and 7 of these Conditions.

4. Prices quoted in our brochures are calculated on costs and exchange rates at 01 October 2014. These prices may increase or decrease and we reserve the sole right to alter prices and other particulars contained in our brochures and on our website. Price changes in trips featured in subsequent brochure versions will supersede the prices in this brochure. (The version date is indicated on the front cover of this brochure). Before You make a booking we will provide You with details of the current price of your chosen trip. This will also be displayed on the website. Once You have accepted this price and your booking has been confirmed in accordance with clause 2 that price will remain fixed and will not be subject to surcharges.

5. You must clearly state all your requirements at the time of booking. Please note that any dietary requirements will be a request only. We cannot guarantee special dietary requirements nor will we assume any responsibility or liability if your special requirements cannot be fulfilled. If You want to change any aspect of your booking including but not limited to a change to a trip of shorter duration or different departure date You must notify us as soon as possible in writing. We will do our best to accommodate your requested changes however You will be required to pay an amendment fee of £20 per person (£10 per person for pre or post-accommodation within 42 days) if outside 42 days of departure, this is per change. If a request is made less than 42 days before departure, normal cancellation fees will apply in accordance with clause 7 unless the transfer or change is to an earlier departure of the same trip. In the event of a request for a change being received by us, sent from you, a new invoice will be issued by Topdeck and all cancellation charges/amendment fees will be shown. All amendment fees are payable within 7 days of the issue of a new invoice or on the date of departure, whichever is the sooner.

6. If You are prevented from travelling as a result of illness, the death of an immediate family member, jury service or other significant reason beyond your control, we will agree to your booking being transferred to another person who satisfies all the conditions applicable to the trip, subject to You and the other person accepting liability for full payment of the trip cost and any additional costs arising from the transfer PROVIDED THAT we must be given at least 21 days written notice of the proposed change.

CANCELLATION BY YOU

7. Cancellation of a booking by You must be made in writing. We will not regard a booking as cancelled unless and until written notice is received by us.
On cancellation the following charges will apply:

Days before departure % of trip cost forfeited Pre/post accom cost forfeited
Over 42 days Deposit Nil
42-29 days 40% 40%
28-14 days 60% 60%
13-7 days 80% 100%
6-3 days 90% 100%
2-0 days 100% 100%

Cancellation of Open Dated Passes before booking a departure date incur a £120 cancellation charge. Once your chosen departure date is booked all booking conditions apply including cancelation charges as listed above.

Flights

8. Should we book these on your behalf they will be subject to the conditions of the respective airline - this includes but is not limited to deposit/full payment and cancellation conditions.

CANCELLATION OR MODIFICATION BY US

9. Every effort will be made to operate all trips as advertised but it must be remembered that our trips are planned up to eighteen months in advance. Please note that the accommodation and services, featured in the brochure are indicative of those planned to use for the various trips, but it may be necessary to use alternatives in some cases. We therefore reserve the sole right, at our discretion, to modify or cancel any trip, flight schedule, accommodation or arrangement at any time. We will notify You as soon as possible of any material changes and they will form part of our contract with You. In the case of any material modification or cancellation, we will, if possible, provide You with three alternatives:

(1) A trip of an equivalent or closely similar standard and price, if available;

(2) A 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 trip and includes a change of departure date, departure point or airport, or change of departure time of more than twelve hours, which would cause substantial inconvenience to You. We do not consider a change of accommodation or transport style a material change.

11. We will endeavour not to materially modify or cancel the trip within 42 days of the date of the scheduled departure unless compelled to do so because of circumstances beyond our reasonable control. If a material modification or cancellation is made by us within six weeks of the scheduled departure date for reasons other than Force Majeure in accordance with clause 19 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.

Over 42 days Nil
42-29 days £20
28-14 days £30
13-7 days £40
6-0 days £80

12. Topdeck reserves to itself the sole right to require a minimum number of participants for certain trips and in the event that there are insufficient bookings recorded by not later than 42 days before the scheduled departure date we will be entitled to cancel the scheduled trip, whereupon all monies paid by You for your Topdeck trip shall be refunded but no further compensation will be paid and You and Topdeck hereby agree to mutually release each other from any further obligations which would have been enforceable had the trip not been cancelled.

13. We reserve the right to alter or substitute the type of vehicle mentioned in the brochure, depending on the number of passengers carried, which vary from trip to trip. Normally the maximum group size is 36 passengers.

OUR LIABILITY TO YOU

14. The responsibility of Topdeck as the Tour Operator and/or their agents is limited. We act only in the capacity of agents for carriers’, hoteliers’, or other service providers in all matters pertaining to accommodation, optional activities, sightseeing tours and as such, shall not be liable for any personal injury, death, damage, loss, accident, delay or irregularity which may be occasioned either by reason of any defect in any vehicle, or through the acts of defaults of any company or person engaged in conveying you or in carrying out the arrangements of the tour of otherwise in connection therewith. Under no circumstances is Topdeck responsible for

a) Delays, personal injury, property damage or any loss resulting from any Act of God, labour stoppages, mechanical breakdowns or participation in sport or activities.

b) Any act of neglect of any person or company whose services are retained by Topdeck for your benefit including, but not limited to accommodation and transportation companies. Topdeck will not be held responsible for any loss, damage or theft of baggage or belongings. (You should take out Comprehensive Travel Insurance to travel on all Topdeck trips.)

15. 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 of your own volition. Every effort will be made to operate all trips featured in this brochure. It may be necessary at times to vary the itinerary from that stated in the brochure, and delays may occur for a variety of reasons beyond our control. The need for a flexible attitude to this type of travel is stressed in our publication. 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.

16. No refund will be made for services made available by Topdeck but which for whatever reason are not used by You once the trip has departed.

EXCLUSION OF LIABILITY – FORCE MAJEURE

17. 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 or reduces the trip, or compels a change in the trip arrangements after departure.

CONTRAVENTION OF LAW

We will not be responsible for any loss or damage sustained by You as a result of a contravention of any law or regulation of any of the places or countries visited while on the trip.

HEALTH AND MEDICAL CONDITIONS

18. If You have a medical condition or disability which may affect your trip, we ask that You inform us in writing at the time of booking the trip of any special arrangements required by You so that we are able to advise as to the suitability of those arrangements. If we reasonably feel we are unable to satisfactorily accommodate your particular needs , we reserve the right to decline the booking or ask for You to be accompanied by a person who is able to provide full assistance to You throughout your trip.

YOUR LIABILITY TO US

19. You will not be permitted to embark or continue on the trip if your behaviour, or your mental or physical condition is, in the reasonable opinion of any representative of Topdeck, such as to render You incapable of caring for yourself, or whereby You become objectionable to other passengers, or You become a hazard to yourself or other passengers. We will not be responsible for expenses resulting in You being precluded from completing the trip for any reason, nor will we refund You any part of your trip cost. In all cases we will notify You of 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 where your condition manifests itself after 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 to other passengers on the flight.

TRAVEL DOCUMENTS

20. Please ensure You carefully read your invoice, tickets and all other documents we send to You as soon as You receive them, and contact your travel agent, or us immediately if any information appears to be incorrect. We will not accept any liability if You fail to notify us 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 reasonable justification for You not contacting us within the specified time. You are responsible for ensuring that all necessary travel documents including, but not limited to, passports, visas and vaccination certificates are valid and subsisting. We strongly recommend that You verify current documentation requirements and all other relevant protocols and procedures associated with your trip with your travel agent or us. Please note requirements change and you must check with your Consulate for the most up to date information. Passports must have an expiry date of at least six months after completion of the trip.

INSURANCE

21. We recommend You take out comprehensive travel insurance before You travel on your trip. Your insurance protection should include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance and evidence of such insurances should be produced to Topdeck on request. Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive.

22. Please note that during Your trip there may be opportunities to take part in adventure activities or excursions, outside the itinerary as shown in the brochure. These do not form part of your contracted trip with Topdeck and you should ensure your Travel Insurance covers your participation in these activities

23. You hereby indemnify us against all thirdparty actions taken against us for loss or damage caused by You or arising from your participation on the trip.

COMPLAINTS

24. In the event of any dissatisfaction with the accommodation or any other service provided by Topdeck, You must report it immediately to the Trip Leader so that action can be taken to remedy the problem. Any complaints made to Topdeck following the conclusion of the trip should be made in writing within 28 days of completion of the trip. In the event that You do not notify us in writing within 28 days, Topdeck’s ability to investigate the complaint may be prejudiced.

OPTIONAL ACTIVITIES AND EXCURSIONS

25. During your trip you will be offered the chance to purchase various optional excursions and activities. Topdeck does not own, operate or control any of the companies or individuals which provide the optional activities or excursions. Some of the optional activities and excursions such as canyoning are inherently risky. If You want to take part in such optional activities or excursions You must be fit enough to do so and must follow all reasonable instructions. The standards of health and safety which will be adopted by the company or the individual providing the optional activity or excursion will be those of the country where the optional activity or excursion takes place. If you wish to book any optional activity or excursion You must do so subject to the operator’s terms and conditions. Your contract will be with the operator of the activity or excursion and will be governed by local law. Topdeck acts only as their agent. Topdeck’s Trip Leader will have further details and additional information can be provided on request. Topdeck accepts no liability for any act or omission of any operator, its employees, agents or subcontractors.

DATA PROTECTION

26. Topdeck has measures in place to protect the personal booking information held by it. 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 trip operator or other relevant suppliers who are responsible for your travel arrangements. In making this booking, your consent to this information being passed on to the relevant persons is deemed to be given unless You object and advise Topdeck of your objection at the time of booking. The information may also be provided to public authorities such as Customs or Immigration if required by them, or as required by law. This consent applies to any sensitive information that You give to us such as details of any disabilities or dietary/religious requirements.

SMOKING

27. Topdeck operates a non-smoking policy on our coaches (although we make frequent stops for breaks), and in all of our accommodation, including tented accommodation.

LUGGAGE

28. There are strict weight limits for coaches when fully loaded. Therefore You are only entitled to have one piece of main luggage of standard size (see the pre-departure information or our website for size limits), and not weighing more than 15kg for outback trips and 20kg for East-coast & NZ trips. In addition You may bring a daypack.

GENERAL

29. You understand that future Topdeck advertising and publicity material may include statements made by passengers, or their photographs, and You consent to such use of your comments or photographic/video likeness. 30. No servant, agent, employee or representative of the Company has any right to alter, vary or waive any of these Conditions, nor undertake any activity likely to lead to increased liability whatsoever on behalf of Topdeck unless such be in writing and signed by a duly authorised person.

31. All contracts for bookings made with Topdeck, for trips in this brochure, are governed by Australian law and are subject to the exclusive jurisdiction of the Australian Courts, should any dispute between us not be otherwise amicably agreed.

32. Interpretation

  • In these Conditions, any words importing the singular or plural numbers shall include the plural or singular number respectively or words importing a particular gender shall include all genders.
  • Notice required to be given in writing in hese Conditions may be given by mail, facsimile transmission or email.

33. Topdeck would like to thank both the Australian and New Zealand Tourist Boards, and our suppliers, crew, passengers and partners for providing selected images used in this brochure.

34. Wi-Fi connectivity. Topdeck will endeavour to deliver Wi-Fi connection as stated on relevant trips to the best of our ability. This service is subject to availability and may not be available on some peak season departures or in the event of technical malfunction.

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