Terms & Conditions

Topdeck Tours Ltd Online Booking Conditions (UK) - Europe

It is our intention to set out clearly and simply the responsibilities which we at Top Deck Tours Ltd, Level 2, 107 Power Road, Chiswick, London W4 5PY, England, a company registered in the United Kingdom (UK Registration number 04905253); (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 European coach trips are operated by Topdeck except the Turkey Explorer and ANZAC trips in Turkey, Greek Island Hopper trip in Greece, Croatia sailing trips, and the Iceland Explorer, which are operated respectively by Indigo Travel, (Turkey), Bellair Travel, (Greece), Katarina Lines (Croatia) and Askja Reizen, (The Netherlands). Your contract will be with Top Deck as the operator, save for these excepted trips in which case your contract will be with those operators and will be subject to their respective booking conditions.

All Topdeck’s trips 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. 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, (or 10% if booked online). This deposit is non-refundable unless we cancel your trip. If You are making a booking within 42 days of departure, then full payment is required PROVIDED HOWEVER that if the trip comprises a special offer we may require full payment including any pre and post accommodation and sundry service charges to be paid at the time specified in the offer. 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 August 2009. These prices may increase or decrease and we reserve the sole right to alter prices and other particulars contained on our website. 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. 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 but You will be required to pay an amendment fee of £25 (£10 for pre- or post-accommodation within 42 days) per person 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 trip departure % of trip cost forfeited Pre/post accomm
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 or Modification by us

8. Every effort will be made to operate all trips as advertised but it must be remembered that our trips are planned up to twelve months in advance. Please note that the accommodation and services, featured 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.

9. 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 a material change.

10. 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 mondification 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

11. 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.

12. We reserve the right to alter or substitute the type of vehicle mentioned in the brochure, depending on the number of passengers carried, which varies from trip to trip. Normally the maximum group size is 48 passengers. Please also note there are strict laws in Europe governing drivers hours and this may necessitate utilising public transport in some cities.

Our liability to You

13. Save where the provisions of Force Majeure apply, in the event that the trip does not reasonably comply with the description on the website, Topdeck may compensate You to a maximum value equal to twice the price of the trip but excluding insurance premiums and amendment fees AND Topdeck will only be liable to pay the maximum amount of compensation where there has been a total failure of consideration for your payment. Where the failure to provide such trip is not caused by any fault of ours, its agents or suppliers or is caused by or contributed to by You, Topdeck will not be liable to pay any compensation.

14. If You are killed, injured or become ill during or as a result of, carriage by aircraft, ship, train or coach forming part of the trip in circumstances where such death, injury or illness is not caused by or contributed to by You our liability to pay damages and/or the amount of compensation we will be liable to pay is limited in accordance with the liability of a carrier under any international Convention applicable to such events, including, but not limited to:

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 carriage by rail , the Berne Convention 1961; and

In respect of carriage by road, the Geneva Convention 1973.

15. The terms of these Conventions are incorporated into and form part of our contract with You. In respect of death or personal injury, the liability of an air carrier under the Montreal Convention and the Warsaw Convention is limited to 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 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 any international Conventions.

16. In the event that Topdeck (or our insurers) make any payment to You for death, personal injury or illness, You must give us or our insurers all and any rights You may have to take action against the party 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 from such party.

17. Your booking is accepted on the understanding that You appreciate the possible risks inherent in adventure travel and that You undertake the trips featured of your own volition. Every effort will be made to operate all trips featured but because of the number of countries visited on trips there may be a necessity to vary the itinerary from that stated, 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.

18. 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

19. 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 countries visited while on the trip.

Health and Medical Conditions

20. 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

21. You will not be permitted to embark or continue on the trip if your mental or physical condition is, in the reasonable opinion of any representative of ours, 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

22. 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. Note: At the time of publishing Australian and New Zealand nationals require visa(s) for the following countries to which Topdeck conducts or arranges trips: Turkey, (obtained on the border) and Russia (must be obtained before trip departure).

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

23. You must take out comprehensive travel insurance before You travel on your trip. Your insurance protection must 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 must be produced to Topdeck on request. Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive.

23a. 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

24. You hereby indemnify us against all third-party actions taken against us for loss or damage caused by You or arising from your participation on the trip.

25. In the event of You making a claim against Topdeck arising out of the trip, You hereby assign to us, any rights to take action against any third party supplier or any other person or party that Topdeck reasonably considers to be a party to the action and to co-operate fully with Topdeck should Topdeck or its insurers wish to enforce those rights which have been assigned to Topdeck.

26. In the event that You make a claim against us which is covered by your insurance policy, You agree to pursue the claim through your insurer either in addition to, or in substitution for, your claim against us (if any). 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.

27. In the event of You not making a claim before 5 working days of the maximum length of time permitted by your policy, You must assign, by letter sent by courier delivery to Topdeck not less than 5 working days prior to the said specified time, the benefit of the policy and give immediate notice of such an assignment to your insurer.

Complaints

28. 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. Failure to notify the Trip Leader of any problem immediately may prejudice Topdeck and may result in your ability to claim compensation from us being extinguished or reduced. Any complaint 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 and may extinguish your claim.

Data Protection

29. 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

30. Topdeck operates 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

31. There are strict weight limits in Europe 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 20kg. In addition You may bring a sleeping bag (where required) and a daypack.

Financial Protection

32. All contracts with Top Deck Tours are protected in accordance with “The Package Travel, Package Tours Regulations 1992”. In the unlikely event of our insolvency, this will refund pre-payments and arrange for any necessary repatriation.

General

33. 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.

34. 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.

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

36. 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 these Conditions may be given by mail, facsimile transmission or email.

Topdeck Tours Ltd Online Booking Conditions (UK) - AFRICA

1. DEFINITIONS & PARTIES

It is our intention to set out clearly and simply the responsibilities which we at Topdeck Tours Ltd have to you and which you, in turn, have to us. You should therefore read and understand the following.

All holidays in thie brochure are sold by Topdeck, as an agent of local tour operators. Topdeck sells trips listed in this brochure as an agent of: Worldwide Adventure Travel Pty. Ltd., trading as Africa Travel Co. Ltd. Your contract will be with Topdeck as an agent of the aforementioned tour operator.

(a) In these Booking Conditions, the "Company" shall mean Worldwide Adventure Travel Pty. Ltd.(Reg. Number: 199/026052/10) whose registered office is at Cape Town, South Africa.

(b) The "Client" is the person or persons listed on the Booking Form.

(c) A "trip" is any tour, trip, safari, expedition or combination of sections that has its own Trip Name and Trip Code as reflected in both the brochure and on the website.

(d) "Force Majeure" means any situation or event that is beyond the Company's control. This could be war, riot, civil strife, terrorist activity, industrial disputes, natural or industrial disasters, fire, adverse weather conditions, epidemics or Acts of God. It could also include governmental obstacles and changes to local transport operators schedules (like ferry companies.)

2. CONTRACT

(a) No contract shall exist between the Company and the Client, until the Company:

- receives a non-refundable deposit or 25% (twenty five percent) of the Trip Price

- issues the Client, or their travel agent, a written confirmation

(b) A contract is entered into between the Company and the Client. The person who made the booking represents and warrants to the Company, that they are authorised to sign the form and accepts all these conditions on behalf of themselves and each of their travelling companions including any minors who may be accompanying them.

(c) No persons, organisation or employee of the Company has any authority to vary these Booking Conditions. Neither do they have any authority to alter any information printed in the brochure or on the website.

(d) The Company and its agents reserve the right to decline any booking. The Company also reserves the right to cancel any booking at its reasonable discretion in the event the Company believes the Client to be unsuited to the trip booked.

(e) Should any of these Terms and Conditions be held to be invalid, unlawful or unenforceable, such Terms and Conditions will be severable from the remaining Terms and Conditions, which will continue to be valid and enforceable. If any Term or Condition held to be invalid is capable of amendment to render it valid, the parties agree to negotiate an amendment to remove the invalidity.

(f) This contract (including its validity, existence and implementation, the interpretation and application of its provisions, the respective rights and obligations of the parties in terms of and arising out of the conclusion, breach and termination of the provisions of this agreement), shall be interpreted and governed in all respects by the laws of England.

3. PAYMENTS

(a) A non-refundable deposit of 25% (twenty five percent) of the Trip Price is required from each Client when submitting the Booking Form to confirm the booking. This deposit will only be refunded if the Client cannot be accommodated or the booking is cancelled by the Company.

(b) The balance of the Trip Price due by the Client to the Company shall be payable not less than 42 (forty two) days prior to the date of a trip's departure.

(c) If the full amount is not received in the due time, the Company reserves the right to treat the booking as a cancellation and the Client will be subject to the Cancellation Fees detailed below.

(d) The Local Payment namely the [define Local Payment] (where applicable) must be paid is US$ (United States Dollars) to the Trip Leader at the Pre-Departure Meeting, usually the night before the trip's departure. Failure to do so will constitute a breach of contract by the Client and the Client will not be allowed to join the trip.

4. CANCELLATIONS

(a) Any cancellations made by the Client must be in writing to the Company. The date on which notification is received by the Company will determine the Cancellation Fees.

(b) Fees applicable in the event of a cancellation will be as follows:

Days Prior to Departure % of Trip Price

More than 42 - 25%

42 to 28 - 35%

27 to 14 - 50%

13 to 7 - 75%

Less than 7 - 100%

(c) Should the Client fail to join a trip, or join it after departure or leave it prior to its completion, no refund will be made whatsoever, including the Local Payment portion that is not used.

(d) The Company reserves the right to cancel any trip for any reason more than 42 (forty two) days prior to the departure date. In this case the Client will be refunded any money they have paid to the Company.

(e) The Company reserves the right to cancel any trip for reasons of Force Majeure less than 42 (forty two) days prior to the departure date. In this case the Client will be refunded any money they have paid to the Company, less reasonable expenses the Company has incurred and that will be the extent of the Company's liability.

(f) Should the Client fail to pay the balance of the Trip Price in the due time, the Company will cancel the booking and no monies already paid to the Company will be refunded.

(g) The Cancellation Fees detailed above are only in relation to the Trip Price and do not include any extra services booked like Airport Transfers and Accommodation. These cancellation fees may be as high as 100% (one hundred percent) and the Client is still liable for their payment.

5. TRANSFERS AND AMENDMENTS

(a) If the Client wants to transfer from one trip to another, the Company must be informed in writing. If the Company can arrange the transfer, the Client must if necessary, provide an additional deposit (if more than 42 (forty two) days prior to the trip's departure) or balance of Trip Price (if less than 42 (forty two) days prior to the trip's departure.) The date on which notification is received by The Company will determine the transfer charge.

(b) Charges applicable in the event of a transfer will be as follows:

Days Prior to Departure % of Trip Price

More than 42 - 0%

42 to 28 - 35%

27 to 14 - 50%

13 to 7 - 75%

Less than 7 - 100%

(c) Any non-recoverable expenses are not included in the Transfer Fee and the Client will still be liable for these.

(d) If the Client is prevented from travelling for a good reason (such as a serious illness, jury service etc) they must notify the Company in writing as soon as possible and may transfer his/her booking to another person who satisfies all the Company's conditions applicable to the Trip provided that the original Client and the transferee ensure that the Company is paid for the Trip as set out in these Conditions and meet any additional costs arising from such transfer. Note that it may not be possible to transfer air tickets.

6. PRICES

(a) The Company reserves the right to change their rates at any time prior to a contract being entered into. In the event that these rates are altered, the Client will be advised at the time of booking of the correct, up to date price.

(b) The Company endeavours not to increase the cost of the trip once the contract has been entered into. However, the cost to run a trip is calculated up to 18 (eighteen) months in advance and increases in running the trip such as fuel, taxes, transportation costs, accommodation costs and fluctuations in the exchange rates, may make an increase unavoidable.

(c) Should a surcharge be payable, the Company will immediately notify the Client of such.

(d) The Company will not add a surcharge to a trip less than 30 (thirty) days prior to a trip's departure.

(e) The Company will not impose a surcharge of more than 20% (twenty percent) of the original Trip Price. The Company will absorb the first 2% of any increase. If a surcharge of 10% or more is payable, the Company will notify the Client as quickly as possible. If the Client then wishes to cancel the contract he/she must given written notice to the Company within 7 days of the date of notification and the Company will then refund monies received from the Client.

(f) Should a surcharge be payable, the Client must pay said surcharge prior to joining the trip.

(g) The Company will discount the Trip Price for the 3 Day Masai Mara Safari (HTNN3), 3 Day Hwange Community Experience (HTVV3) and 2 Day Chobe Mobile Safari Package (HTVV2) when the Client books these in conjunction with any of the trips listed below:

- Tanzanian Game Parks & Zanzibar (HTND10 & HTDN10)

- Gorillas & Game Parks Safari (HTNN14)

- Gorillas & Game Parks & Zanzibar (HTND24 & DN24)

- Southern Adventure (HTVJ11)

- Southern Sun (HTVC21 & HTCV21)

- Southern Discoverer (HTNV21 & HTVN21)

- Northern Safari (HTJN32)

- Southern Safari (HTNJ32)

- African Encounter (HTZC36 & HTCZ36)

- Southern Explorer (HTNC42 & HTCN42)

- Great African Trek (HTNC56 & HTCN56)

(h) The Client may only join the 3 Day Trip scheduled to run immediately before or after their trip listed above.

(i) The Client may not redeem this Trip Price discount in any other form.

(j) The Client must pay the Local Payment contribution, if applicable, for the 3 Day trip.

7. ITINERARIES

(a) The documentation provided by the Company (e.g. Trip Dossiers, Brochures, Website, etc.) is set out in good faith as statements of intent only and changes to the itinerary, vehicle and equipment use, etc. may be made where deemed necessary by the Company.

(b) Any additional expenses, incurred through deviations to the itineraries because of Force Majeure or reasons considered advisable by the Company will be payable by the Client.

(c) The Client accepts that Force Majeure may preclude the Company from providing services or following the itinerary as detailed in the Trip Dossier.

(d) The Company will not refund any monies paid for unused services which are included in the Trip Price.

8. CHANGES

(a) The Company reserves the right to make changes to the trip any time prior to a contract being entered into. In the event that any aspect of the trip is altered, the Client will be advised prior to booking.

(b) The Company endeavours not to make changes to the trip once the contract has been entered into. However, because of the unpredictability of travel in many of the areas visited, changes prior to a trip's departure, itinerary or content may be unavoidable. Where this alteration is significant (i.e. where a major deviation to the itinerary is made) the Company undertakes to inform the Client as soon as possible.

(c) Due to the nature of the areas we travel through significant changes can and do occur after a trip's departure, over which the Company has no control. The Company will make suitable alternative arrangements wherever possible such as changing the method of transport and/or the itinerary if Force Majeure, breakdowns, accidents, sickness, etc. necessitate such a change. The Company cannot be held responsible for compensation or additional expenses incurred.

9. COMPLAINTS

(a) If the Client has a complaint about the trip, such complaint must immediately be raised with the Trip Leader or the Company's Head Office so that, if possible, a solution can be found.

(b) Failing resolution, the Client must make any complaint within 28 (twenty eight) days of the trip's finish date.

(c) This complaint must be made in writing providing full details.

10. COMPANY RESPONSIBILITY

(a) All information in documentation provided by the Company (e.g. Trip Dossiers, Brochure, Website, etc.) has been set out with reasonable care and is published in good faith. Where the Company is acting as an agent on the Client's behalf (e.g. when booking facilities/services used before, during the course of or after the trip), it does so on the explicit condition that it cannot be held responsible for any loss, damage, injury, additional expenses or breaches of contract resulting directly or indirectly from the actions or omissions of the suppliers or independent parties with whom these arrangements have been made. Independent suppliers have their own booking terms and/or conditions of carriage, some of which limit or exclude liability in accordance with International Conventions. Further details are available on request.

(b) The Company cannot be held responsible for an injury/loss or damage suffered by a Client:

- If there has been no fault on the part of the Company or its suppliers whose services form part of the package provided by the Company and the cause was the Client's fault or the fault of someone not associated with the trip whose actions were not foreseeable.

- If the cause was attributable to unforeseeable circumstances beyond the Company's or its suppliers control, the results of which were unavoidable even though due care was taken.

- If the cause was the fault of the Client having taken part in any activity which does not form part of the original trip arrangements, [even though they may be supervised, arranged or recommended by the Company or its representatives] (e.g. bungy jumping, rafting, ballooning or other such activities of a risky nature.)

- Where a disease or illness is contracted during or after the trip. Should the Client need to leave the trip because of such, no refund whatsoever will be forthcoming and the Client will be responsible for all expenses incurred for the treatment of their illness and as a result of having to leave the trip.

- For any information or advice provided by a travel agent unless such information has been provided to the travel agent by the Company. In the case of such information and advice not having been provided by the Company, the responsibility must lie with the travel agent.

- Where the Company has provided advice and information on travel documents, visas, climate, spending money, clothing, equipment, etc. This advice and information has been set out with reasonable care and is published in good faith, but without responsibility on the part of the Company.

- For any advice or information provided by the Company's crew. This advice and information has been given in good faith, but without responsibility on the part of the Company.

- For any Client's luggage or personal effects.

(c) The Company, its employees and agents cannot be held responsible for expenses, inconvenience, loss of enjoyment or anything else caused by the Client's non-compliance with any of responsibilities listed below.

11. CLIENT RESPONSIBILITY

(a) The nature of the Company's trips may involve an element of personal risk and potential hazard not normally associated with holiday tours. The Client must accept these risks and hazards.

(b) The Client must accept that safety standards of suppliers of accommodation, local transport and other operators in most of the countries visited will not be of the same standard as in their home country.

(c) The Client must make themselves aware through the various government agency warnings and advisories (e.g. British Foreign & Commonwealth Office, US Department of State) with regard to the safety of countries and areas through which they'll be travelling and make their own decisions accordingly.

(d) The Client must arrange suitable adventure travel insurance with benefits that cover personal accident, medical expenses including repatriation and loss and damage to personal effects. Insurance should also be taken out to cover any expenses related to the cancellation or curtailment of any trip. Should the Client not have adequate travel insurance, they may not be allowed to join the trip.

(e) The Client must get professional medical advice in good time before travelling and take all necessary health precautions and preventative measures, including inoculations, and anti-malaria tablets (where appropriate).

(f) The Client must be physically fit enough to undertake the Trip and is responsible for informing the Company, at the time of booking, of any known disabilities or medical conditions, or, if not known at the time of booking, as soon they become known. Any Client found to have failed to disclose this information, may be directed to leave the trip. No refund whatsoever will be forthcoming and the Client will be responsible for all expenses incurred as a result of having to leave the trip.

(g) The Company's crew have authority to make difficult decisions. Should the Client present a medical condition, the crew may insist they seek medical advice. If the Client refuses to act upon this advice, thereby putting the other members of the trip in danger or at risk, the Client may be asked to leave the trip. This includes physical, mental and behavioural conditions. No refund whatsoever will be forthcoming and the Client will be responsible for all expenses incurred as a result of having to leave the trip.

(h) The Client must check the documents issued for trips and services booked through the Company and should there be any mistakes, immediately notify the Company of such.

(i) The Client must adhere to the trip joining instructions given to them.

(j) The Client must have a valid 10 year passport and must obtain all necessary visas for each country which he/she intends to visit. The Client must consult the Embassy or Consulate of each of those countries for up to date information and documents in good time before departure and comply with all current passport, visa and health requirements needed for each of the countries the trips travel through. No refund or compensation will be paid if the Client is refused entry to any country because of incorrect documentation.

(k) The Client must abide by the laws and customs of the countries visited. The Company has absolute discretion to direct the Client to leave the trip if they disobey such laws and customs. No refund whatsoever will be forthcoming and the Client will be responsible for all expenses incurred as a result of having to leave the trip.

(l) The Client must not put the welfare of the group, individual member, members or themselves in jeopardy. The Company has absolute discretion to direct the Client to leave the trip if this is found to be the case. No refund whatsoever will be forthcoming and the Client will be responsible for all expenses incurred as a result of having to leave the trip.

(m) The Client must reimburse the Company for any expenses properly incurred by it incurred on behalf of the Client.

(n) The Client must be aware that the Company's crew, agents and representatives may take photographs and film footage throughout the trip. The Company reserves the right to use such media for marketing purposes without obtaining consent from the Client. The Company also reserves the right to use any Client comments, either verbal or written, for marketing purposes without obtaining consent from the Client. I confirm that I abide by the aforementioned and agree to the Terms and Conditions therein contained. I record that I am joining a trip or making a booking at my own risk.

12. LAW AND JURISDICTION

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

13. FINANCIAL PROTECTION

Where required by law, all contracts are protected in accordance with "The Package Travel, Package Tours Regulations 1992" through arrangements made by the Company with Topdeck, as its agent. In the unlikely event of our insolvency, this will refund pre-payments and arrange for any necessary repatriation.

Topdeck Tours Ltd Online Booking Conditions (UK) - Egypt/Morocco/Jordan

It is our intention to set out clearly and simply the responsibilities which we at Top Deck Tours Ltd, Level 2, 107 Power Road, Chiswick, London W4 5PY, England, a company registered in the United Kingdom (UK Registration number 04905253); (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 trips featured on this website are sold by Topdeck as an agent of various locally based Tour Operators. Your contract will be with these Local Operators (The Companies, us or we) and will be subject to their booking conditions which are below:

LOCAL OPERATORS

Egypt: Correct Travel: 4 El-Oubor Building, 2nd Floor, Salah Salem St, Cairo

Morocco: Mountain Safari Tours, 64, Lot Laksour, route de Casablanca, B.P. 2177 Marrkesh, Morocco

Jordan: Al- Thuraya Travel and Tours, P.O Box 1883 Amman11821, Jordan

Please read these booking conditions of the companies before You book.

All trips featured 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 outside this range. 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 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, (or 10% if booked online). This deposit is non-refundable unless we cancel your trip. If You are making a booking within 42 days of departure, then full payment is required PROVIDED HOWEVER that if the trip comprises a special offer we may require full payment including any pre and post accommodation and sundry service charges to be paid at the time specified in the offer. 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 it on behalf of us. If You arrange your trip direct with us, all correspondence and communications will be sent to your email 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 brochures are calculated on costs and exchange rates at 01 November 2009. These prices may increase or decrease and we reserve the sole right to alter prices and other particulars contained on our website. 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. 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 but You will be required to pay an amendment fee of £25 (£15 for pre- or post-accommodation within 42 days) per person 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 to be made a new invoice will be issued by Topdeck and 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
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 or Modification by us

8. Every effort will be made to operate all trips as advertised but it must be remembered that our trips are planned up to twelve months in advance. 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 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.

9. 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.

10. 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

11. The Company 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 trip shall be refunded but no further compensation will be paid and You and we hereby agree to mutually release each other from any further obligations which would have been enforceable had the trip not been cancelled.

12. We reserve the right to alter the group size, 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 45 passengers.

Our liability to You

13. Save where the provisions of Force Majeure apply, in the event that the trip does not reasonably comply with the description in the brochure, we may compensate You to a maximum value equal to twice the price of the trip but excluding insurance premiums and amendment fees AND we will only be liable to pay the maximum amount of compensation where there has been a total failure of consideration for your payment. Where the failure to provide such trip is not caused by any fault of ours, its agents or suppliers or is caused by or contributed to by You, we will not be liable to pay any compensation.

14. If You are killed, injured or become ill during or as a result of, carriage by aircraft, ship, train or coach forming part of the trip in circumstances where such death, injury or illness is not caused by or contributed to by You our liability to pay damages and/or the amount of compensation we will be liable to pay is limited in accordance with the liability of a carrier under any international Convention applicable to such events, including, but not limited to:

  • 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 carriage by rail , the Berne Convention 1961; and
  • In respect of carriage by road, the Geneva Convention 1973.

15. The terms of these Conventions are incorporated into and form part of our contract with You. In respect of death or personal injury, the liability of an air carrier under the Montreal Convention and the Warsaw Convention is limited to 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 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 any international Conventions.

16. In the event that we (or our insurers) make any payment to You for death, personal injury or illness, You must give us or our insurers all and any rights You may have to take action against the party 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 from such party.

17. 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 but because of the number of countries visited on trips there may be a necessity 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.

18. 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

19. 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 countries visited while on the trip.

Health and Medical Conditions

20. 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

21. You will not be permitted to embark or continue on the trip if your mental or physical condition is, in the reasonable opinion of any representative of ours, 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

22. 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 us 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

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

24. You hereby indemnify us against all third-party actions taken against us for loss or damage caused by You or arising from your participation on the trip.

25. In the event of You making a claim against us arising out of the trip, You hereby assign to us, any rights to take action against any third party supplier or any other person or party that we reasonably considers to be a party to the action and to co-operate fully with us should we or our insurers wish to enforce those rights which have been assigned to us.

26. In the event that You make a claim against us which is covered by your insurance policy, You agree to pursue the claim through your insurer either in addition to, or in substitution for, your claim against us (if any). 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.

27. In the event of You not making a claim before 5 working days of the maximum length of time permitted by your policy, You must assign, by letter sent by courier delivery to us not less than 5 working days prior to the said specified time, the benefit of the policy and give immediate notice of such an assignment to your insurer.

Complaints

28. 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. Failure to notify the Trip Leader of any problem immediately may prejudice us and may result in your ability to claim compensation from us being extinguished or reduced. Any complaint made to us 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, our ability to investigate the complaint may be prejudiced and may extinguish your claim.

Data Protection

29. We have 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 us 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

30. 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

31. There are strict weight limits for vehicles 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 20kg. In addition You may bring a sleeping bag (where required) and a daypack.

Financial Protection

32. Where required by law, all contracts are protected in accordance with “The Package Travel, Package Tours Regulations 1992” through arrangements made by the Company with Topdeck as its agent. In the unlikely event of our insolvency, this will refund pre-payments and arrange for any necessary repatriation.

General

33. You understand that future our 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.

34. No servant, agent, employee or representative of the Companies have 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 us unless such be in writing and signed by a duly authorised person.

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

36. 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 these Conditions may be given by mail, facsimile transmission or email.

Topdeck Tours Ltd Online Booking Conditions (UK) - Australia & New Zealand

It is our intention to set out clearly and simply the responsibilities which we at Topdeck Tours Pty Ltd ACN 109 934 841 a company registered in Australia (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/New Zealand coach trips are operated by Topdeck except the Tasmania trips, which are operated by Under Down Under Tours, Tasmania. All Independent tours are operated by the respective operators.

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. We reserve the sole right to decline a booking request from You should we think our trips are not suited to You.Your contract will be with Top Deck as the operator.

All Topdeck’s trips are sold subject to the following conditions (“these Conditions”).

The Contract

1. 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, (or 10% if booked online). This deposit is non-refundable 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.

3. 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.

4. Alterations or cancellations by You after your booking has been accepted will be effected subject to the provisions of clauses 7, 8 and 9 of these Conditions.

5. Prices quoted are calculated on costs and exchange rates at 01 August 2009. These prices may increase or decrease and we reserve the sole right to alter prices and other particulars contained on our website.

6. Before You make a booking we will provide You with details of the current price of your chosen trip This will 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.

7. You must clearly state all your requirements at the time of booking. 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 but You will be required to pay an amendment fee of £25 per person (£10 per person for pre- or post-accommodation) if outside 42 days of departure. If a request is made less than 42 days before departure, normal cancellation fees will apply in accordance with clause 9 unless the transfer or change is to an earlier departure of the same trip. In the event that You request for a change, a new invoice will be issued by Topdeck and all amendment/cancellation charges will be shown. All amendment fees/cancellation charges are payable within 7 days of the issue of a new invoice or on the date of departure, whichever is the sooner.

8. 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

9. 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
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 or Modification by us

10. Every effort will be made to operate all trips as advertised but it must be remembered that our trips are planned up to twelve 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.

11. 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.

12. 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. A change of accommodation will not be considered a material change.

13. 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.

14. 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.

15. 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

16. The liability of Topdeck as the Tour Operator is limited.

17. Topdeck acts only in the capacity of an agent for carriers, hoteliers or other service providers in all matters pertaining to accommodation, optional activities and sightseeing tours.

18. Topdeck shall not be liable under any circumstances for any personal injury, death, property damage, theft, loss, accident, delay or irregularity arising from:

  • any act caused or contributed to by your own negligence
  • your participation in sport or recreational activities
  • vehicular defects
  • the acts, default or omission of any third party engaged or retained by Topdeck in transporting you or in carrying out the arrangements of the tour (including accommodation) or otherwise in connection therewith.

Force Majeure

19. 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.

20. Your booking is accepted on the understanding that You acknowledge and accept the possible risks inherent in adventure travel and that You undertake any trip featured on this website of your own volition. Every effort will be made to operate all trips as featured on this website. There may be a necessity at times to vary the itinerary from that stated on the website 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 . 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 interests of the group as a whole.

21. 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.

Contravention of Law

22. 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 countries visited while on the trip.

Health and Medical Conditions

23. 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

24. You must at all time comply with all reasonable directions given by Topdeck and indemnify Topdeck for any failure to comply with those reasonable directions and you hereby indemnify Topdeck in respect of all third party actions taken against Topdeck for loss or damage caused by you or arising from your participation on the trip.

25. 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 Topdeck, such as to render You incapable of caring for yourself, ow 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 to You any part of your trip cost. In all cases we will notify You of the reasons why we have not permitted you to embark or continue on the trip.

26. 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 or where You have been precluded from continuing a trip as a consequence of your behaviour. 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

27. 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 at the time of booking.

28. Please note requirements change and you must check with your Consulate for a particular country for the most up to date information.

29. Passports must have an expiry date of at least six months after completion of the trip.

Insurance

30. You must take out comprehensive travel insurance before You travel on your trip. Your insurance protection must 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 must be produced to Topdeck on request. Please note that Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive.

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

Complaints

32. In the event that you contend that accommodation or any other service provided by Topdeck fails to comply with the description on the website, 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.

Data Protection

33. 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

34. Topdeck operates a non-smoking policy on our coaches (although we make frequent stops for breaks), and in some of our accommodation, including all tented accommodation, which must be complied with.

Luggage

35. There are strict weight limits for coaches when fully loaded. Therefore You are only permitted 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 20kg. In addition You may bring a sleeping bag (where required) and a daypack.

General

36. You acknowledge 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.

37. 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.

Laws

38. All contracts with Topdeck for trips on the website shall be governed and construed in accordance with the laws of the State of Queensland, Australia should any dispute between us not be otherwise amicably resolved.

Interpretation

39. 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.

40. Notice required to be given in writing in these Conditions may be given by mail, facsimile transmission or email.

41. Topdeck shall be construed in these Conditions to include, in all instances where the context permits, its servants and agents.