NZD $ // TERMS & CONDITIONS NZD $ // TERMS & Topdeck's Details
Top Deck Tours Ltd (1437802) (NZBN: 9429035683759) Registered NZ Limited Company
Locally Operated Trips
The following trips are operated by the corresponding local operator as principal: AFRICA: Sun & Safari, South African Adventure: Peak DMC, Melbourne, Australia. ASIA: Vietnam & Cambodia Explorer, Japan Highlights, Japan Express, Bali Island Hopper: Discova, Singapore. Discover Sri Lanka, Namaste India: Peak DMC, Melbourne, Australia. EUROPE: Turkey Explored: New Faces, Istanbul, Turkey. Greek Island Hopper: Bellair, Athens, Greece. MIDDLE EAST: Moroccan Explorer, Egypt Express: Peak DMC, Melbourne, Australia. Jordan & Israel, Jordan Adventure: Green Arrow Tours, Amman, Jordan. NORTH AMERICA: Road Trip USA (ex. New York), Road Trip USA (ex. Los Angeles), Canadian Rockies, Great White North, California Calling, USA & Canada Adventure (ex. New York), USA & Canada Adventure (ex. Chicago): New World Travel, Los Angeles, USA.
Deposit
$200 per person, payable at the time of booking.
Travel Credits
Any Topdeck travel credit resulting from any cancellation, whether by you or by us, will exclude the amount paid by you in respect of flights and/or insurance as they have their own booking terms and conditions. Topdeck travel credit must be redeemed within two years from the date of first cancellation. Topdeck travel credit can be transferred to a friend but cannot be transferred a second time. One Topdeck travel credit per person per trip. Topdeck travel credits are subject to the Topdeck travel credit T&Cs (see below). Once you have made a booking using your Topdeck travel credit, these booking terms and conditions will apply to that booking. Days before departure Over 60
Change and Cancellation Fees
Governing law and jurisdiction
Change and Cancellation Fee (% of trip price) Nil (changes)
Pre/post accommodation
Pick ups/transfers
Nil
Nil
59-29
40%
40%
Nil
28-14
60%
60%
Nil
13-8
80%
100%
100%
7-1
100%
100%
100%
Departure day
100%
100%
100%
During trip
100%
100%
100%
Deposit (cancellations)
These booking conditions are governed by the laws of New Zealand. Any dispute in relation to these booking conditions shall be subject to the exclusive jurisdiction of the courts of New Zealand.
Your contract will be with us as tour operator, unless you have booked a Locally Operated Trip, in which case your contract for tour services will be with the relevant Local Operator specified in the reference table above and will be subject to that Local Operator’s terms and conditions, in addition to the booking conditions set out below. For any Locally Operated Trip, the Local Operator will also be identified on your itinerary or travel documents and their respective terms and conditions will be available directly on their websites or by contacting them. Should we book a flight on your behalf it will be subject to the conditions of the respective airline, including but not limited to deposit/full payment and cancellation terms. Please read all booking conditions carefully. You must not make any booking unless you understand and agree with these booking conditions and any additional terms and conditions as indicated above and/or at the time of booking. Our trips are designed strictly for young people between the ages of 18 to 39 years (with the exception of Gap Year trips, which are restricted to people between the ages of 17 to 20 years). Bookings can be made through your local travel agent or directly with us and must be secured with a deposit of the amount shown above. A contract between you and us (or between you and the relevant Local Operator) will exist as soon as: (i) we issue an invoice in response to your request for a booking; and (ii) your deposit is paid to us or your travel agent. If your booking is made through a travel agent, we will address all correspondence to that agent. COVID-19: Important information We strongly recommend that you familiarise yourself with airline and government requirements around passenger safety and COVID-19, including the need to produce evidence meeting airline and border control requirements in relation to a negative COVID-19 test both for transit and final destination passengers. This information is subject to change without notice so we recommend you update yourself in relation to the relevant airline and government policies for your transit and final destination at each of (i) the time of booking, (ii) as you approach your travel date, and (iii) immediately before travel. Airlines, hotels and other travel service providers will need to comply with national and/or local guidance and requirements relating to COVID-19 and will have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by customers and staff, social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of the trip and all measures will be taken with the purpose of securing your safety and those around you. You may be required to provide a negative test result for COVID-19, regular temperature checks and/or a self-declaration of health prior to departing and while on your trip. Any travellers displaying symptoms of illness may require a negative COVID-19 test and/or doctor’s clearance before continuing the itinerary. If you show symptoms of COVID-19 and are either unable or unwilling to be tested, Topdeck may remove you from the trip to prevent any risk to others. Whilst on the trip, customers may also be required to wear a mask when necessary. Failure to comply may result in removal from the trip. COVID-19: Our liability You acknowledge that you are choosing to travel at a time where you may be exposed to COVID-19. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks. You acknowledge that your decision to travel is made based on your own consideration of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, the risks associated with traveling at this time. We will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances: 1. you fail any tests, checks or other measures imposed by a travel service providers or government body or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the trip, or that portion of the trip; or 2. if you, or anyone in your group, test positive for COVID-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for COVID-19 (or where they otherwise suspect they may have COVID-19) and have to quarantine for a period of time. If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We will however offer you alternative options. There may be additional flexibility in place depending on the date you booked. Please visit www.topdeck.travel/booking-flexibility for more information. If any of the above occur whilst you are on your trip, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost
of any curtailment of your tour, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have adequate travel insurance with specific COVID-19 coverage which covers these costs for you. PRICE & PAYMENT The deposit is non-refundable unless we cancel your trip. The balance of your trip must be paid no later than 60 days prior to your trip departure date. If you do not pay within this period we may cancel your booking and your deposit will be forfeited. Full payment is required if you make a booking within 60 days of the departure date. If your booking is a special offer we may require full payment (including any pre and post accommodation and sundry service charges) by such earlier time as specified in the offer. We may alter prices and other particulars (including these Booking Conditions) on our website at any time. When you make a booking we will provide you with up to date prices and a link to our current Booking Conditions Offered discounts are subject to availability and may be withdrawn at any time without notice. All discounts apply to the trip price only and do not apply to any flights, visitor taxes, adventure passes, short breaks, stopovers, day trips, ski trips, gap year trips, pre & post accommodation or transfers. Only two applicable and valid discounts can be combined to a maximum discount of 15% off the trip price (note: for Asia trips, only two applicable and valid discounts can be combined to a maximum discount of 10% off the trip price).After you have booked, changes to (i) the price of fuel; (ii) the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and (iii) exchange rates, mean that the price of your trip may change. There will be no change within 20 days of your departure. We will absorb any increase equivalent to 2% of the price of your trip. However, we may charge you for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your trip, you will have the option of accepting a change to another trip (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid. Should the price of your trip go down due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. Please note that trip arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your trip due to contractual and other protection in place. TRAVEL DOCUMENTS Please ensure you carefully read your invoice, tickets and all other eDocs and documents we send to you as soon as you receive them and contact us or your travel agent 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 the travel agent. You are responsible for ensuring that you have the correct and valid travel documents including passports, visas and vaccination certificates. We strongly recommend that you verify current documentation requirements with your travel agent or us. Please note requirements change and you must check with your consulate for the most up to date information, including but not limited to visa requirements for the countries visited on your trip. Passports must have an expiry date of at least six months after completion of the trip. IF YOU CHANGE OR CANCEL YOUR BOOKING If you want to change or cancel 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 in writing. You may make a request to transfer your booking to another person who satisfies all the conditions applicable to the trip. A transfer request must be made in writing not less than seven (7) days prior to departure and must include proof of acceptance of the transfer by the new traveller. Both you and the new traveller will remain jointly liable and responsible for any applicable travel service provider’s charges (including, but not limited to, booked airfares, train tickets, specifically allocated accommodation and non-refundable Local Operator charges). Please note that some third party travel service providers may refuse such requests and treat the transfer as a cancellation and rebooking. If you request a change to any aspect of your booking, we will do our best to accommodate your request, but it may not always be possible due to availability. We will not charge a fee for changes requested more than 60 days before departure except where we incur costs from a supplier, in which case we will advise you of the relevant supplier fees. If you cancel any aspect of your booking more than 60 days prior to departure, we will provide you with a travel credit for a future trip. If you cancel within 60 days of departure, you will forfeit your deposit and you will be required to pay any applicable cancellation fee, and you will receive a travel credit for the remaining amount paid by you in respect of the trip (if any).
CANCELLATION OR MODIFICATION BY US Every effort will be made to operate all trips as advertised but it must be remembered that our trips are planned up to 18 months in advance. Our trips require a minimum number of 15 passengers for Explorer trips, 20 passengers for Sailing trips and 25 passengers for Hotel and Hostel Plus trips. If insufficient bookings have been made as at 42 days prior to departure, we may (in our absolute discretion) cancel the scheduled trip or operate any trip below the minimum number of passengers required. We recommend you do not book your flights until your trip is guaranteed. The following terms apply to a cancellation by us, except in the event of unavoidable or extraordinary circumstances (which are dealt with in the section immediately following this one). To the extent permitted by applicable law: •
If your trip is cancelled by us, we will offer you in the first instance alternative travel arrangements of comparable standard if available (we will refund any price difference if the alternative is of a lower value), or a Topdeck travel credit for the full amount paid by you. Alternatively, we can offer you a refund of all money paid by you in respect of the trip (which excludes flights and/or insurance as they have their own booking terms and conditions), minus any unrecoverable costs and cancellation fees.
•
If your trip is cancelled after the trip has commenced, we will offer you in the first instance alternative travel arrangements of comparable standard if available (we will refund any price difference if the alternative is of a lower value), or a pro-rata Topdeck travel credit for the days that remain on your trip. Alternatively, we can offer you a refund of all money paid by you in respect of the days that remain on your trip (which excludes flights and/or insurance as they have their own booking terms and conditions), minus any unrecoverable costs and cancellation fees.
“Unrecoverable costs” means all reasonable and direct costs we have incurred in relation to your trip, and includes amounts paid by us to other relevant suppliers who are responsible for components of your travel arrangements and which may be non-refundable.] UNAVOIDABLE OR EXTRAORDINARY CIRCUMSTANCES In the event of unavoidable or extraordinary circumstances, we may materially modify or cancel your trip as set out below, subject to our hardship policy. In these booking terms and conditions “unavoidable or extraordinary circumstances” means any cause outside our reasonable control which could not have been prevented or avoided even if all reasonable measures had been taken by us (including, but not limited to, war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity and its consequences, plague, epidemic, pandemic, infectious disease outbreak or any other public health crisis (including quarantine or other employee restrictions), natural or other disaster (such as volcanic ash or hurricanes or similar events), nuclear incident, fire or bushfires, adverse weather conditions (actual or threatened, including snow and fog), closed or congested airports or ports or other modes of transport, unavoidable technical problems with transport, unforeseen alterations to transport schedules, transportation disruptions or cancellations, domestic and/ or international travel restrictions, changes to travel advisories and restrictions, changes to health advisories and quarantines, changes to immigration, labour and free-movement laws resulting from BREXIT, rescheduling of aircraft or boats or other modes of transport, changes to applicable laws and/or other government mandates (including evacuation orders and border closures), and similar events). A material modification is one that has a serious impact on your trip and would cause substantial inconvenience to you (including a change of departure date, departure point or airport, or change of departure time of more than twelve hours). A change of accommodation type, size or style, or transport type, size, method or style, is not a material modification. For example, we may alter or substitute the type, size, method or style of transport mentioned in the brochure and website, depending on the number of passengers carried, which can vary from trip to trip. In certain countries there are strict laws governing drivers’ hours and this may necessitate utilising public transport in some cities. CANCELLATION DUE TO UNAVOIDABLE OR EXTRAORDINARY CIRCUMSTANCES If your trip is cancelled due to unavoidable or extraordinary circumstances, we will offer you a travel credit for the full amount paid by you. If your trip is cancelled due to unavoidable or extraordinary circumstances after the trip has commenced, we will offer you a pro-rata travel credit for the days that remain on your trip. Travel credits are subject to the Topdeck travel credit terms and conditions (see below).
Activities that are pre-purchased prior to travel can be cancelled up to 21 days prior to the date of departure, and you will receive a travel credit for the amount paid by you in respect of the pre-purchased activity. Any cancellations of pre-purchased activities within 21 days of the date of departure will incur a 100% cancellation fee. All change and/or cancellation fees must be paid within seven (7) days of the invoice date or on the date of departure, whichever is the sooner. PAGE 1 of 2