The following cancellation policies apply for all packages produced, sold or fufilled by Top Tier Travel.
Contract Formation: A contract is formed between Client and Top Tier Travel when payment in full or deposit has been received by Top Tier Travel by any electronic means, accompanied by proper identification. Cash or check will not be accepted unless otherwise arranged and contracted.
Payment Terms: Payment is due in full upon booking unless otherwise arranged and contracted.
In the case a payment schedule is contracted, Client agrees to make all payments on or before the dates set out in the payment schedule. In the event Client fails to make payments on or before their due date, Top Tier Travel reserves the right to take any action it deems necessary to protect itself, without notice to the Client, including but not limited to cancelling reservations which may adversely and permanently affect the Client’s ability to receive the services provided herein. The Initial Deposit and all other expenses paid by Top Tier Travel on behalf of the Client, such as sporting event or festival tickets, are non-refundable.
Delivery of Tickets: Client is responsible for obtaining event tickets on the date of the event at the time and location set out by Top Tier Travel. In the event Top Tier Travel delivers the tickets by Federal Express or UPS, delivery will be at Client’s expense, and the Tickets will be deemed delivered to Client when Top Tier Travel deposits the tickets with the delivery service. Client accepts sole responsibility for the failure of the delivery service to make delivery of the tickets to Client. Client will not resell event tickets to any third party.
Non-Affiliation / Vendors Terms and Conditions: Unless stated otherwise, Top Tier Travel is not an official ticket box office and is not endorsed or affiliated with any of the events or other accommodations in the package. Top Tier Travel accesses numerous sources to obtain event tickets which may include sources other than an official ticket office, sponsor or secondary market. Often times Top Tier Travel must pay a premium to obtain tickets from these sources. The purchase price of the tickets may include a service charge or profit which has been added to the face value of the ticket by Top Tier Travel or by official ticket vendors. Client is responsible for obtaining and following the terms and conditions for each of the vendors’ products and services in this package.
Hotel/Housing Accommodations: In the event that hotel/housing accommodations are part of this package, Client understands while Top Tier Travel may request Client’s preferences on behalf of the Client (such as bedding and accessibility), Top Tier Travel has no control over what is actually provided. Top Tier Travel will not be responsible for Client’s inability to obtain the preferences requested. Client understands that unless incidental charges are specifically listed as part of the package, Client shall be responsible for all incidental charges including but not limited to, food, including room service, beverages, telephone use, internet use, parking fees, mini-bar use, additional stay and other charges imposed by the hotel beyond the daily room rate and prevailing tax rate.
Substitutions of Like Kind and Quality: Top Tier Travel reserves the right to make substitutions of like kind and quality without notice to Client and without penalty.
Cancellation of Events: If an event is cancelled in whole or in part for any reason, Top Tier Travel will pass on whatever refund they obtain, if any, that is attributable to the Client. Client understands that there is a significant likelihood that the refund will be less than what Client paid for the event. Client must cooperate with Top Tier Travel in obtaining the refund which may include the returning of unused tickets. Certain insurance products exist which may reduce the risk of loss to the Client. These products may be available through Top Tier Travel or other third party insurance brokers.
Cancellation of Contract: Client understands that cancellation penalties may occur based on the following cancellation schedule:
All sports packages or packages involving sporting or event tickets are non-cancellable and non-refundable for any reason. All deposits made on packages are non-refundable for any reason.
For all non-sporting or non-ticketed events, the following cancellation policies apply:
- 120+ prior to travel: 100% of the package price, excluding any deposits when applicable, is eligible for refund.
- 119 – 90 days prior to travel: 80% of the package price, excluding any deposits when applicable, is eligible for refund.
- 31 – 89 days prior to travel: 50% of the package price, excluding any deposits when applicable, is eligible for refund.
- 30 days or fewer prior: Package is non-refundable.
If Top Tier Travel is able to sell all remaining inventory AND resell the cancelled package, Top Tier Travel will refund 100% of the package price to the Client. The Client agrees that a reasonable charge for this service is $50 per package, to be withheld from the refund. If Top Tier Travel is able to resell the package, any additional refunds will be issued within 5 – 7 business days of the package being resold.
Top Tier Travel offers travel insurance that may cover cancellation and client may purchase this travel insurance at any time wither through Top Tier Travel or another agency. Tier Travel incurs costs on Client’s behalf to arrange for the event that Top Tier Travel can not recover. As an accommodation, Top Tier Travel at its sole election may attempt to resell Client’s event package to another customer. In the event Top Tier Travel is able to find a replacement customer for the package, Client agrees that a reasonable fee for this service is 10% of the total package price. Client is encouraged to obtain travel insurance. Top Tier Travel may cancel any offering in whole or in part without advanced notice to Client. In the event Top Tier Travel cancels an offering in whole or in part, Client shall received a refund of that portion of its package attributable to the cancelled portion.
Refunds: Client understands that if a refund of any kind is to be issued for any reason, it may not be issued to the original credit card, account or debit card used to purchase the package. Refunds cannot be issued to the original credit card or debit card if more than 60 days have passed. Top Tier Travel will issue refunds to either PayPal or by check when necessary.
Severability and Merger: If any provision of this contract is held to be invalid by a court of competent jurisdiction, then such provision will be interpreted to provide as close to the original meaning while complying with the law unless said interpretation is impossible, in which case the provision shall be stricken from the contract and the remainder of the Contract will continue in full force and effect. This Contract constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and communications, whether oral or written. There are no oral agreements with respect to the subject of this Contract. All changes to this agreement must be in writing.
Disclaimer of Warranties: Top Tier Travel disclaims all warranties including but not limited to, the Warranty of Merchantability and Fitness for a Particular Purpose. The only representations that may be relied on are those included in this written contract.
Choice of Law and Venue: Payment and performance of this Contract is to take place in Houston, Harris County, Texas. Client agrees that the exclusive venue for a proceeding arising out of or related to this Contract shall be in a court of competent jurisdiction in Harris County, Texas and the laws of the State of Texas shall apply.
Attorneys Fees: In the event Top Tier Travel hires an attorney to defend a claim related to this agreement or to enforce its rights under this agreement, Top Tier Travel shall be entitled to recover its attorneys fees for any claim or defense it prevails on.
Limitation of Liability AND RELEASE: Notwithstanding anything herein to the contrary, express or implied, Top Tier Travel’s liability including its officers, directors, managers, members, agents, successors, and assigns for any claim or action of any kind arising out of, in connection with or resulting from this Contract or the event shall not exceed the Total Price stated herein. Top Tier Travel shall not be liable for any special, incidental or consequential damages. Client understands that attendence at certain events carries with it an increased chance of physical injury including serious injury and death. client is encouraged to obtain insurance. CLIENT hereby releases the indemnified parties above from all claims for personal injury and property damage (including the loss of use thereof) arising out of or related to the subject matter of this contract. IN THE EVENT A PORTION OF THE PACKAGE CAN NOT BE PROVIDED BY TOP TIER TRAVEL AS A RESULT OF THE FAILURE OF PERFORMANCE OF A VENDOR, THEN CLIENT IS ENTITLED TO RECEIVE A REFUND ONLY OF THE PORTION OF THE PACKAGE WHICH WAS NOT PROVIDED UNLESS A REASONABLY SUITABLE ALTERNATIVE CAN BE OBTAINED BY TOP TIER TRAVEL, IN WHICH CASE, NO REFUND WILL BE PROVIDED AT ALL.
Indemnity: Client agrees to indemnify, defend and hold harmless Top Tier Travel, its officers, directors, managers, members, affiliates, employees, agents, successors and assigns from and against all claims, liabilities and causes of action arising out of or related to the negligent or intentional conduct of Client, its agents, employees and/OR guests.