BOOKING TERMS & CONDITIONS
These Booking Conditions set out the terms on which you contract with us for the arrangement and coordination of delivery of travel arrangements for your trip. By making a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a booking request.
“You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Top Snow Travel” means Elite Alpine Travel Pty Ltd trading as Top Snow Travel.
A booking request is accepted when we issue a written booking confirmation and you have paid your deposit. It is at this point that a contract between us and you comes into existence subject to these Booking Conditions. We reserve the right to decline any booking at our discretion. No employee of ours other than a director has the authority to vary or omit any of these Booking Conditions or to promise any discount or refund.
Any booking requests made within 60 days of commencement must be secured by a credit card at the time of request.
We commence providing services to you as soon as we accept your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements. You also receive the benefit of work we undertake in anticipation of bookings. The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control.
Prices stated are in Australian Dollars ($AUD). We have used reasonable endeavours to publish accurate pricing, but given the dynamic nature of the travel industry (including dynamic pricing subject to demand) pricing should be considered a guide. Pricing and quotes are subject to change prior to you making a booking request.
The price includes accommodation and other inclusions as published. Please note that meals (where included) are available from the accommodation provider’s set menu, and not from their a-la-carte menu.
Transfers are not included unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included.
All prices referring to discounts for children (2-12 years or as specified) are based on one child sharing with 2 adults using existing bedding. If an additional bed is required, this is likely to be a rollaway bed and will incur an additional charge, payable direct to the hotel. Where children under 2 years are accommodated free of charge, usually a cot will not be provided. Some hotels may be able to supply a cot but this may be subject to an additional charge, payable direct. Please notify us at the time of booking whether you will be travelling with children and their age at the time of travel.
Please note that all payments by credit or debit card are subject to the following processing fees: 1.4% for Visa / Mastercard and 1.8% for Amex.
We reserve the right to vary the cost of your travel arrangements prior to commencement for circumstances beyond our control such as the imposition of fuel surcharges or new or amended Government charges.
We also reserve the right to vary the cost of your travel arrangements due to currency fluctuations. However, we will not vary the cost for currency fluctuations once full payment has been received by us and we will absorb the first 2% of any negative currency fluctuation.
If we impose a surcharge of more than 10% of the cost of your travel arrangements, you may cancel your travel arrangements and receive a full refund of payments made for those arrangements. You must exercise this right within 14 days after receipt of a surcharge invoice.
A 50% deposit per person, is payable upon us accepting your booking. Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable. Some arrangements may require full payment at the time of booking. We will advise you of this if this is the case.
Payment in full must be received no less than 60 days before commencement of your trip. Note: some trips or particular arrangements may require payment earlier or in additional instalments and this will be advised with the booking confirmation.
If you fail to make payment by the due date, we will remind you to make payment. In addition to the payment, you will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 7 days after the reminder, you will be deemed to have cancelled your booking.
You may cancel your booking by giving written notice to us. Cancellation fees and charges will be levied as follows:
Cancellation fees and charges will not exceed payments received by us at the time of cancellation. If after the application of these fees and charges there is a surplus of payments you have made to us, we will refund this to you within a reasonable time.
Any payments we have made to third parties will only be refunded to you once we have deducted the above cancellation fees and charges and once we have actually recovered the amounts from the third parties. As we will be subject to third party terms and conditions, we make no guarantee that we will be able to make recoveries.
For group departures, a transfer of a confirmed booking to another departure date is deemed to be cancellation of the original booking.
If due to any illness, suspected illness or failure to satisfy any required tests or vaccination requirements:
and you are consequently prevented from commencing or continuing your trip, then:
We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.
We will not be responsible for any other loss or loss you incur in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.
We strongly encourage you to purchase travel insurance that adequately responds to cancellations and curtailments associated with illness and other unforeseen events as soon as you have paid your deposit.
In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).
then we may:
If we cancel your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will either:
Please note that our ability to issue you with a credit may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits and so in such circumstances we may opt to pay you a limited cash refund as outlined.
If due to Force Majeure we cancel travel arrangements after your trip has commenced, we will provide you with a refund of recovered third party costs for cancelled travel arrangements only.
Were a limited cash refund is to be paid by us, we will use reasonable endeavours to recover payments from third parties attributable to your booking, but we make no guarantee that we will be able to recover these payments either partially or at all. If after we have paid you a limited cash refund (or after we determine that no cash refund is currently payable) we recover payments from third parties attributable to your booking, then we will pass on this payment to you.
We will not be responsible for any other loss or loss you incur in connection with your booking (for example, airfares and visa expenses) if your trip or particular travel arrangements are cancelled due to an event of Force Majeure.
If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests. We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events as soon as you have paid a deposit.
If we cancel your travel arrangements for reasons other than Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of travel arrangements of substantially equal quality if appropriate.
We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil, and for group departures a transfer of a booking to a different departure is deemed a cancellation. An amendment fee of $220 will be levied to cover communication and administration costs for any changes to bookings. You will also be required to pay any additional costs charged by suppliers.
Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. If we become aware of a significant change to your itinerary or its inclusions prior to the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time and you may elect to:
If you do not make an election in writing within 7 days of us notifying you of the significant change, then you will be deemed to have elected to proceed with the trip.
You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns.
To the fullest extent permitted by law, we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond or control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications.
If you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept.
We will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions resulting from an event of Force Majeure.
No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of common carriers to operate according to schedule, which we disclaim responsibility for.
If you are not fully vaccinated against Covid-19 and particular suppliers refuse to provide you with travel arrangements, then you agree you will not be entitled to any refund for those arrangements. We will not be responsible to you for any loss or expenses you incur (including loss of enjoyment) if you are denied services in these circumstances.
For security reasons, airlines and our overseas suppliers require names to be given exactly as stated in your passport. If you do not advise the correct information and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.
It is strongly encouraged that you are adequately insured for the duration of your trip. We recommend comprehensive travel insurance to cover cancellation, medical requirements, luggage and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from that time.
Average snow fall statistics published on our website are provided by each resort and are correct at the time of publication. You acknowledge and agree that Top Snow Travel under any circumstances be held responsible for snow conditions. Travel arrangements can be cancelled, altered or amended on the basis of weather conditions. Any such cancellations or amendments by you will be subject to standard cancellation and amendment terms as set out in these Booking Conditions.
Lift passes are included only as stated. In Europe, some lift passes may require a passport photo. No refunds can be given for any unused days on lift passes, should the days not be fully utilised. In Europe, certain resorts may impose an additional surcharge for using cable cars or other lift systems not included in the usual ski lift pass rates. Any such surcharges are payable direct at the resort.
Please note that maps published on our website are not to scale and are provided only as a guide to locations. We have taken care to accurately present all the resorts, maps and accommodations offered. Descriptions have been provided based on information provided by the relevant supplier and should be considered as a general guide.
You acknowledge and agree to the following terms specific to chalet and apartment bookings. If you would like clarification on specific matters, please request these from us prior to making a booking request and we will obtain specific clarifications for you.
Minimum Stay: Most French chalets and apartments require a Saturday or Sunday arrival and a minimum 7-night stay.
Cleaning: Some apartments/chalets are not cleaned daily and final cleaning charges may apply.
Security Deposit: In some apartments/chalets a deposit may be payable in local currency to the keyholder on arrival. This amount is refundable, subject to extra charges as indicated.
Additional Charges: Additional charges for linen, cleaning, power or heating maybe payable in some apartments/chalets.
Key Collection: Full details of key collection will be confirmed on vouchers once documentation has been issued.
Bedding: We will communicate bedding requests to accommodation providers. Bedding configuration cannot be guaranteed.
You acknowledge and agree to the following specific terms for car rentals:
Vehicle Model: makes and models are indicative only. The specific make and model cannot be guaranteed. A vehicle within the category booked will be supplied. Please choose your vehicle category carefully, ensuring the category booked will meet your specific requirements – allowing for passengers and baggage. If you decide to change vehicle category at the time of collection, then subject to availability the car hire company will levy additional charges which will be directly payable by you.
Vehicle Collection & Return: A credit card imprint or cash deposit is required upon collection of the vehicle. You must produce a valid driver’s licence. You are liable for any charges incurred in the late return of your vehicle. No refunds are payable should you deliver your vehicle before the specified time. Your vehicle is required to have a full petrol tank at the time of drop off, otherwise the car hire company will levy any fuel charges to your credit card, or deduct such charges from your deposit.
Specific Conditions: Conditions apply to the minimum age requirements, one way drop off fees, additional driver fees, child restraints, the hire of snow chains and ski or roof racks and vary between countries. Please contact us if you have specific requirements.
It is a requirement that you hold a valid passport and any required visas for your trip. It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited.
We strongly encourage you to be fully vaccinated against Covid-19 with a vaccine approved by the Therapeutic Goods Administration. This is so health risks for yourself and others you come into contact with can be mitigated. If you choose to travel without being fully vaccinated, then you do so accepting the implicit risks to your health and you agree to provide us with waivers and releases as we may require.
It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the trip. Any information provided by us is given in good faith.
It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice.
We are not responsible for any additional activities or excursions which are not included in the booked itinerary or which we sell as agent for the principal operator. Any advice or recommendation given by us, a guide or local representative is made in good-faith, based on known information, and does not make us responsible for the acts or omissions of the principal operator of the excursion or activity.
You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your trip or from visiting destinations which present geographical, political or cultural risks and dangers.
You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept any additional personal risks associated with your travel.
You acknowledge that you are travelling at a time when Covid-19 is endemic and that Covid-19 presents risks to your health and may cause death. By making a booking request, you accept all risks associated with Covid-19 infection during travel and you release us (and our directors, officers, employees and suppliers) from liability in connection with Covid-19 infection.
Services supplied by independent suppliers
Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, railway and cruise operators, hoteliers and other accommodation providers, independent transport companies (i.e., vehicles not operated by us), attraction and venue operators, restaurants and common carriers.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier and not caused by our negligence. Any claims you have in this regard must be made against the Independent Supplier. The Independent Supplier’s conditions of carriage or similar may limit their liability to you.
Services we directly supply
To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care.
We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we have direct control over them) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure
If we supply any recreational services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law.
This exclusion does not apply to significant personal injury caused by our reckless conduct.
Recreational services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:
(a) a sporting activity or similar leisure time pursuit; or
(b) any other activity that:
(i) involves a significant degree of physical exertion or physical risk; and
(ii) is undertaken for the purposes of recreation, enjoyment or leisure.
We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays outside of our control.
You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.
Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees. Other than the Consumer Guarantees, we disclaim all guarantees and warranties.
To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having them resupplied.
In the event of a problem with any aspect of your travel arrangements you must tell us or make our representative or our local supplier aware of such problems as soon as possible. This is so we or our suppliers have had the opportunity to put things right on the ground.
If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, please follow this up in writing within 30 days from the end of your travel arrangements. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant).
If you fail to follow this procedure, this may limit your rights to make a claim.
If you place a booking on behalf of another party, you represent and promise us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.
The contract between Elite Alpine Travel Pty Ltd trading as Top Snow Travel and you is governed by the laws of the State of Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with this contract. Each party irrevocably waives any right it has to object to the venue of any legal process in Queensland courts (and courts of appeal) on the basis that: (a) any proceeding arising out of or in connection with this contract has been brought in an inconvenient forum; or (b) the courts of Queensland(and courts of appeal) do not have jurisdiction.
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
Updated: 27 September 2023
Elite Alpine Travel Pty Ltd trading as Top Snow Travel – ABN #31660121997 – TIDS 96128955 – CATO Member # 69607110
Address: PO Box 1175, Noosaville BC, QLD 4566, Australia.
+61 7 5370 2086