The following terms and conditions apply for all packages (trips) produced, sold or fulfilled by Top Tier Travel Inc.
Contract Formation: A contract is formed between Client and Top Tier Travel Inc. when payment in full or deposit has been received by Top Tier Travel Inc.. 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 Inc. reserves the right to take any action it deems necessary to protect itself, without notice to the Client, including but not limited to canceling reservations which may adversely and permanently affect the Client’s ability to receive the services booked. The Initial Deposit and all other expenses paid by Top Tier Travel Inc. on behalf of the Client, such as sports events or festival tickets, are non-refundable.
Non-Affiliate/Vendors Terms and Conditions: Unless states otherwise, Top Tier Travel Inc.. 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 Inc. accesses numerous sources to obtain event tickets, hotel rooms, transportation, etc. which may include sources other than an official ticket office, sponsor, or secondary market. Often times, Top Tier Travel Inc. 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 or hotel by Top Tier Travel Inc. or by official vendors. Client is responsible for obtaining and following the terms and conditions for each of the vendors’ products and services included in their trip.
Hotel/Houston Accommodations: In the event that hotel/housing accommodations are part of the Client’s trip, Client understands while Top Tier Travel Inc. may request Client’s preferences on behalf of the Client (such as bedding and accessibility), Top Tier Travel Inc. has no control over what is actually provided. Top Tier Travel Inc. 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 include 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 Inc. 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 canceled in whole or in part for any reason, Top Tier Travel Inc. 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 Inc. 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 Inc. 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 standard 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 Inc. is able to sell all remaining inventory AND resell the canceled package, Top Tier Travel Inc. 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 Grouply Inc. is able to resell the package, any additional refunds will be issued within 5 – 7 business days of the package being resold.
Due to the COVID-19 pandemic, many vendors are offering free cancellation up to 30 days prior to travel. Each trip includes a customized cancellation policy in the Policies section. Please refer to this policy for COVID-19 related cancellation policies.
Top Tier Travel Inc. offers travel insurance that may cover cancellation and Client may purchase this travel insurance at any time through an agency of their choice. Top Tier Travel Inc. incurs costs on Client’s behalf to arrange for the event that Top Tier Travel Inc. can not recover. As an accommodation, Top Tier Travel Inc. at its sole election may attempt to resell Client’s event package to another customer. In the event Top Tier Travel Inc. 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 Inc. may cancel any offering in whole or in part without advanced notice to Client. In the event Top Tier Travel Inc. cancels an offering in whole or in part, Client shall receive a refund of that portion of its package attributable to the canceled 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 Inc. 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 Inc. 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 Inc. hires an attorney to defend a claim related to this agreement or to enforce its rights under this agreement, Top Tier Travel Inc. shall be entitled to recover its attorney’s 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 Inc.’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 Inc. shall not be liable for any special, incidental or consequential damages. Client understands that attendance 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 INC. 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 INC., IN WHICH CASE, NO REFUND WILL BE PROVIDED AT ALL.
Indemnity: Client agrees to indemnify, defend and hold harmless Top Tier Travel Inc., 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.