The terms regulate the contractual relationship between Topas A/S (“the tour operator”) and the traveller (“the traveller”) who purchases a package tour. The agreement is entered into in compliance with the Danish Act on Package Tours (Act no. 1666 of 26 December 2017 on package tours and combined travel arrangements).
The following terms and conditions for package tours have been prepared by REJS – Travel Industry Denmark and are used by the associations members. Wherever Topas has added or deviated from REJS’s terms, these changes are highlighted in italics.
It is the traveller’s responsibility to read and understand these terms and conditions before departure. If you have any questions, please contact us at +45 8689 3622 or by email at info@topas.dk.
1. Formation of contract
1.1. The formation
A contract on the purchase of a package tour between the traveller and the tour operator has been concluded and is binding on both parties when the offer is accepted by the traveller. It is a condition the travel services which will constitute a package tour are purchased at the same time.
Your tour can be booked via our website www.topas.dk, or by email or telephone. A booking fee of DKK 145 applies.
Note: You must enter your passport details when booking tours outside Europe and when travelling to Spain. You must have internet access to receive your travel information and print your tickets, including flight tickets.
1.1.1. Purchases via our website
The offer is accepted by the traveller when they make a payment on the tour operator's website. Prior to that, the traveller has received and accepted these terms and conditions by making an indication in a "check box".
When you have entered your personal data and paid the deposit for your tour, your booking will be confirmed via email to the email address provided. This email includes the trip description, invoice, and terms and conditions as a PDF, as well as a link and password to your personal “My Topas Trip” page.
1.1.2. Purchases via email
The tour operator submits a written offer to the traveller and these general terms. The traveller accepts the offer in writing before the deadline indicated in the offer. If the traveller does not accept the offer within this deadline, the tour operator is no longer bound by the offer.
1.1.3. In-person booking
On in-person booking at the tour operator's sales office, the traveller accepts the tour operator's offer by paying the entire or part of the price of the package tour. Before making the payment, these general terms are handed out to the traveller.
1.1.4. Telephone booking
The traveller accepts the tour operator's offer on the phone. Before the traveller accepts, the tour operator informs the traveller of the relevant terms of the contract and where the traveller can find these general terms. The agreed terms and these general terms are submitted to the traveller after the contract has been concluded on the phone.
Refer to section 2 with regards to price and payment.
1.1.5. Additional purchases (options)
The purchase of products, which are not able to be completed via our website are handled by email or phone. No booking fee applies to these additional purchases. An electronic invoice will be sent to the provided email address and uploaded to the travellers “My Topas Trip” page.
1.1.6 Age limitation
Children under 18 years of age may not participate in our trips without an adult guardian.
Our group tours are generally not suitable for children under 12 years of age. For children and youths aged 12-18 years travelling with an adult, we recommend contacting Topas prior to booking. This allows us the opportunity to discuss the tour’s difficulty, to ensure a positive experience for all parties.
For our tailor-made tours, there is no age limit, as these tours are tailored to the traveller’s wishes.
1.2. Travel Documents
After conclusion of the contract, the tour operator sends the travel documents ( tour description, invoice and order confirmation) to the traveller.
All relevant tour information (invoice, tour description, packing list, departure information, tickets, etc.) is available on “My Topas Trip” no later than 30 days before departure. The traveller must print and bring these documents as proof. Flight tickets will be available no later than 10 days before departure.
The submission of travel documents and other correspondence between the traveller and the tour operator, including, but not limited to changes of the package tour, is made to the postal address, e-mail address or other form of contacted used by the traveller in connection with the conclusion of the contract.
The first-listed travel participant (rejsedeltager 1 or travel participant 1) is responsible for receiving relevant correspondence with regards to the tour and payment hereof. Only the first-listed travel participant can make changes to or cancel the tour.
The traveller is also obliged to provide the contact information required so the tour operator can contact the traveller both before and during the tour. Please remember to inform us of any changes to your e-mail adresse or phone number before departure.
If the traveller does not receive the travel documents, specifically the booking confirmation, within three working days, the traveller must contact the tour operator immediately. If the traveller has provided an e-mail address, the traveller must first check the spam filter.
On receipt, the traveller has a duty to review the travel documents and “practical information” (see section 4.3) on their site “My Topas Trip” and promptly react to the tour operator if the information is not in compliance with what has been agreed.
2. Price and Payment
2.1. Price
The price of the tour is a so-called “total price”, which means it includes all mandatory taxes, duties and all further fees, costs and any supplements related to the services purchased by the traveller from the tour operator.
Meal arrangements and extra services are detailed in the “Price includes” section of the trip description. Please note the “Price does not include” section also. Booking less than 60 days before departure may also result in an extra charge as a result of higher flight prices.
At the destinations, the charging of local fees, entrances and duties may occur which cannot be charged on conclusion of the contract as these payments relate directly to local rules or consumption of extra services that hose specified in the contract.
The total price of the travel appears on the traveller’s invoice. If changes are made to the travel booking or its preconditions as a result of affairs of the traveller, this can entail that the price is changed and further payment may be charged.
Costs regarding passport, visa, vaccinations and/or insurance are the traveller’s responsibility and are not included in the total price unless otherwise stated. See section 4 regarding the traveller’s obligations.
2.2. Payment
Tours may be paid by Dankort, Visa, Maestro, Visa Electron or Mastercard via our website. Once payment is received the payment method cannot be changed.
For tours under DKK 20,000 a deposit of DKK 3,000 per traveller is required, unless otherwise specified on the invoice.
For tours between DKK 20,000 and DKK 40,000 a deposit of DKK 5,000 per traveller is required, unless otherwise specified on the invoice.
For tours over DKK 40,000 a deposit of DKK 10,000 per traveller is required unless otherwise specified on the invoice.
For tailor-made tours a deposit of DKK 10,000 per traveller is required regardless of the tours total price, unless otherwise stated on the invoice. It may be necessary to adjust the size of the deposit individually for some tailor-made tours to accommodate the price of non-refundable airline tickets.
Final payment must be received by the tour operator no later than 60 days before departure unless otherwise stated.
Bookings made less than 60 days prior to departure are required to by paid in full at the time of booking.
If the traveller breaches their part of the contract as regards payment, the tour operator is entitled to cancel the contract. In such cases, the tour operator is entitled to payment of the amount which the traveller would lose under the rules in clause 6.2 if the traveller cancelled the tour on the day of non-payment.
Payment reminders and trip information will be sent to the provided e-mail address. Reminders via text message are optional.
3. Cancellation and Travel Insurance
Topas recommends travellers obtain appropriate insurance coverage, including cancellation insurance to cover the traveller’s expenses in the event of termination of the agreement, and travel insurance to cover assistance costs, including repatriation, in the event of accident, illness or death.
About travel insurance
Valid travel insurance is obligatory for all travellers with Topas on tours outside of the EU/EEA. In the event of an accident, the traveller’s travel insurance must cover hospitalization, medical treatment and transport back to the traveller’s home country. For tours within the EU, Iceland, Norway, Liechtenstein and Switzerland, the EU health insurance card (det blå sygesikringsbevis) can be used to cover treatment costs but not the cost of transportation back to the traveller’s home country.
We strongly recommend purchasing travel insurance with broader coverage than the EHIC.
Danish travellers can buy travel and cancellation insurance through Topas from Gouda.
Topas receives commission on sale of insurance policies from Gouda. By contacting Topas, the traveller may be informed of the size of the commission.
Note: If you purchase Gouda insurance through Topas, Gouda will cover any damage resulting from extreme or dangerous sports on your tour. Gouda also covers injuries occurring above 4,000 m. However, an additional insurance policy must be obtained for skiing activities.
If you wish to purchase cancellation from Gouda, this must be done no later than the deposit payment date.
Insurance information (type, provider, emergency number, and policy number) must be entered in “My Topas Trip” and will only be used by Topas and tour leaders in case of accident or illness at the destination.
4. The general duties of the Traveller:
4.1. Passport, visa and health formalities (i.a. vaccinations)
The traveller must possess a valid passport, with at least two blank pages and at least six months’ validity after the end of the tour, and the documents required for the tour including visa and proof of necessary vaccinations.
Visa and passport requirements are outlined in the trip description. It can take up to 60 days to obtain a visa. Necessary health formalities (vaccinations, etc.) are similarly detailed in the tour description.
For certain countries, special rules for entry and departure apply. If this is the case, it will appear from the tour description. If the traveller chooses to extend or change their stay other rules and conditions may apply. The traveller should contact the tour operator for further information about these rules.
For tailor-made tours, the tour operator will notify the traveller of passport, visa, and health formality requirements at agreement conclusion. On conclusion of the agreement, the tour operator informs the traveller about passport and visa requirements, including information of the expected time for obtaining a visa. The tour operator also states any health formalities in the form of vaccination requirements etc. and other documents and mattes necessary for the completion of the tour.
The tour operator’s information about passport and visa requirements for the traveller is based on the rules for Danish citizens. If the traveller does not have a Danish passport, or if the traveller has double citizenship, the traveller must inform the operator thereof, so that the traveller can obtain the correct advice and guidance, including reference to relevant authorities. Danish citizens can in this context, see www.um.dk and www.ssi.dk.
4.2. Requirements for the traveller (physically handicapped persons)
Topas offers tours with active content. Topas’ travel offers, therefore, assume that travellers are physically self-sufficient, specifically; able to walk, enter and exit transportation, carry own luggage and manage stairs, all without assistance.
To ensure the chosen tour matches your physical ability, we strongly recommend our travellers read and understand our tour difficulty rating system. To attain information about the strenuousness of a given tour.
The difficulty or strenuousness of a group tour is listed in the tour description.
Regarding tailor-made tours the difficulty or strenuousness of the tour is tailored in consultation with the traveller to match their abilities in consultation with Topas’ travel experts.
Before the conclusion of the agreement, the traveller can request the tour operator to give precise information about the suitability of the tour in relation to the traveller’s needs. It is a prerequisite for such a request that the traveller gives the tour operator all necessary and relevant information about the traveller’s needs.
4.3. Names on travel documents
The traveller is responsible for the names appearing on their travel documents and bookings are identical to the full name which appears from the traveller’s passport. If the traveller becomes aware of disagreements between the travel documents and passport, the traveller must immediately inform the tour operator thereof, which will attempt to correct the error. If the disagreement is due to the traveller’s affairs, expenses incidental thereto will be paid by the traveller. If changes are not possible, the traveller cannot hold the tour operator responsible.
4.4. Timely appearance
In the cases where the traveller cannot arrive timely for the ordered travel service, the traveller must contact the said supplier and inform the supplier and the tour operator of the later appearance. Outside regular office hours, the tour operator can be contacted via the emergency phone number.
If the traveller does not obtain a satisfactory solution with the supplier, the traveller must contact the tour operator. On the traveller's failure to contact the supplier and/or the tour operator, respectively, the supplier will cancel the reservation, and the traveller cannot use the reservation or receive a refund of the payment thereof.
If flight tickets form part of the package tour, they must be used in the correct order. If the traveller fails to use the flight tickets in the correct order, the airline will cancel the remaining flight distances. Therefore, the traveller cannot use only individual distances of air travel. By way of example, the traveller cannot use a return flight only.
The traveller must have finalised any check-in in compliance with the times and places for latest check-in on the outward or homeward bound tours stated in the itinerary or by other clear indication. The traveller is responsible to call attention to themselves in the check-in queue if the traveller foresees that they cannot have finalised the check-in within the times stated.
The traveller must keep informed of the homeward journey times through, in due time before the homeward journey, informing themselves whether changes to the homeward journey time specified in the travel documents have been made or announced. Information about such changes will be provided to the traveller individually or through notices at an agreed place by either the tour operator, representatives thereof or the sub-suppliers of the tour operator.
The traveller must keep updated on points and times of departure for the means of transportation included, on an ongoing basis. This may for example take place through, immediately after arrival at an airport, keeping an eye on display screens and contacting the airport staff in the event of doubt as to from which terminals or gates the aircraft departs. Changes of terminals and gates often occur and are beyond the tour operator's control. In such situations, the traveller cannot make any claims against the tour operator.
4.5. Rules of Conduct
The traveller must observe the rules applicable to all the sub-suppliers of the package tour, such as hotels, airports, means of transportation etc.
The traveller must behave in a manner which does not disturb fellow travellers. In gross or repeated cases, inappropriate conduct may result in the refusal of the traveller, by the tour operator or its representatives, to take part in the rest of the tour. In such cases, the traveller is responsible for their own home transportation and any resulting expenses. In the event of refusal of the traveller, the traveller is not entitled to receive any form of reimbursement of the price of the package tour.
The tour operator is not liable to public exercise of authority, including, but not limited to, the police's intervention/action vis-à-vis the traveller in connection with any improper behaviour of the traveller. In such situations, the traveller is responsible for the expenses that may be imposed on the traveller, and the traveller cannot make any claim vis-a-vis the tour operator, nor will the traveller be entitled to repayment of the price of the package tour.
4.6. Non-compliance
If the traveller fails to comply with the requirements for passport, visa, health formalities, the statement of correct name on the travel documents and review thereof, the rules on timely appearance and the rules of conduct, the traveller cannot advance claims neither against the tour operator, the agent nor the sub-supplier of the package tour for the consequential effects, defects, nuisances or losses entailed by the non-compliance with the traveller's general duties.
5. Changes to the concluded contract
5.1. Reassignment of the package tour
The traveller may assign the tour to another person against a fee of DKK 1,000. The tour operator must be notified of assignment no later than 7 days before the start of the tour, on a permanent medium. Notification after this time entails that the traveller forfeits the right to assign the package tour.
Assignment can take place only if the person, to whom the package tour is assigned, complies with the required terms and requirements for the completion of the tour, including passport, visa, health requirements, as specified by the tour operator on conclusion of the contract.
The access to assign the package tour may be limited wholly or partially by the tour operator if the assignment is not possible as a result of the terms of the supplier. Restrictions in the access to assign will always appear clearly from the traveller's travel documents.
In this connection, it is pointed out to the traveller that the vast majority of the flight tickets included in package tours cannot be changed or refunded once they have been booked ("non-refundable" tickets).
It will appear from the traveller's travel documents if the flight ticket cannot be changed or refunded. If the package tour includes such travel services, the price of the travel services imposed by the said restrictions will be lost if a tour is wanted to be changed after ordering.
The assignor of the package tour and the person to whom the package tour has been assigned are jointly and severally liable for payment of any balances and costs as a result of the assignment.
5.2. Price changes
After conclusion of the contract, the tour operator may make changes to the agreed price of the package tour if there are any changes to:
- the price of transportation of passengers as a result of expenses for fuel or other energy sources,
- taxes, duties or fees for the travel services of the package tour imposed by a third party, who is not directly involved in the delivery of the package tour,
- exchange rates of importance to the package tour.
| Agreed price | Change | Calculation | New price |
|---|---|---|---|
| DKK 3000
Of which fuel charge: DKK 200 |
Increase in fuel charge: DKK 50 Decrease in fuel charge: |
DKK 200 + DKK 50 DKK 200 – DKK 50 |
DKK 3050
DKK 2950 |
| DKK 3000
Of which taxes and duties: DKK 500 |
Increase in taxes and duties:
DKK 100 Decrease in taxes and duties: |
DKK 500 + DKK 100
DKK 500 – DKK 100 |
DKK 3100
DKK 2900 |
| DKK 3000
Paid at exchange rate 3.00 |
Change in rates: 3.0 to 3.1
Change in rates: 3.0 to 2.9 |
(DKK 3000 / 3.00)*3.1 (DKK 3000 / 3.00)*2.9 |
DKK 3100
DKK 2900 |
In case of changes to the price of the tour, the tour operator informs the traveller of price increases and price decreases. The information must take place on a permanent medium and no later than 20 days before departure. The price may be increased by maximum 8% of the price of the package tour. If the increase is more than 8 % of the price of the package tour, the traveller will be entitled to cancel the agreement.
In case of a price decrease as a result of changes to the above matters, the traveller is entitled to a price reduction corresponding to the price decease resulting from the changes. In that connection, the tour operator is entitled to deduct costs incidental to the reimbursement to the Traveller.
5.3. The traveller’s changes of the package tour
If the traveller wants to make changes to the package tour, the traveller must contact the tour operator as soon as possible. If it is possible for the tour operator to change the package tour, the traveller must pay the extra expenses resulting from the changes. The tour operator is not obliged to make changes to the package tour.
If the traveller wants to make changes that the tour operator cannot perform in the existing agreement, then the change will be considered a cancellation of the package tour, see section 6.2, and a new order if the traveller maintains the wish to have the package tour changed.
Regarding our Group Tours
5.3.1. Name changes
If the traveller wishes to make a name change, a change can be made; provided the tour operator confirms such a change is possible, against a fee of DKK 1,000 per change and the payment of any extra cost imposed by the tour operators suppliers.
5.3.2. Rebooking the tour
If the traveller wishes to rebook their place on a group trip, by changing the departure date and/or destination of the tour, after the payment of a deposit and/ or the tour’s full price, a rebooking can be made; provided the tour operator confirms such a change is possible, against a fee corresponding to 50% of the deposit made per person.
Any price difference from the original booking will be charged or refunded the traveller.
A request to rebook must be made to Topas no later than 90 days before the departure date. Note: any existing cancellation insurance will be forfeited when a tour is rebooked. Cancellation insurance must therefore be purchased again, at the latest at the time of booking of the new tour.
Regarding our tailor-made tours
It is not possible to rebook tailor-made tours. As a general rule name changes are not possible on tailor-made tours, as airline tickets are issued upon payment of the tour’s deposit and cannot, therefore, be altered our cancelled.
5.4. The tour operator’s changes to the package tour before commencement of the package tour
5.4.1. Immaterial changes
Before the commencement of the package tour, the tour operator is entitled, exempt from liability, to make immaterial changes to the package tour without the traveller's consent. The traveller is obliged to accept such changes if before the commencement of the package tour and without undue delay the tour operator clearly and precisely informs the traveller of the said changes.
5.4.2. Other changes
If, before the commencement of the package tour, the tour operator either:
- makes material changes to the package tour,
- or cannot deliver certain services that the traveller has requested and that the tour operator has accepted to deliver,
- or increases the price of the tour by more than 8%,
- the traveller may cancel the agreement and have the amounts paid under the tour reimbursed
- or if the tour operator so offers, the traveller can participate in a replacement tour.
In its contact, the tour operator determines a reasonable deadline for when the traveller must state his or her decision and also states that the consequence of not adhering to this deadline entails that the traveller is deemed to have accepted changes covered by 5.4.2.
In certain situations, the traveller may be entitled to compensation if a financial loss has been suffered as a result of the above material changes, unless the reason is based on inevitable and extraordinary circumstances.
Note: Due to weather conditions, delays or changes in flights or ferry departures may occur. If the tour is extended due to delays of transport, the tour operator does not cover extra costs, including but not limited to loss of income. We strongly recommend travellers to take out travel insurance that covers delayed arrival.
6. Termination of the Contract
6.1. Cooling-off rights
For the purchase of package tours, no cooling-off rights apply, see section 18(2)(i) of the Danish Consumer Contracts Act (forbrugeraftaleloven), and section 7(2)(v) that exempts passenger transport from the scope of the Danish Consumer Contracts Act.
6.2. Cancellation of the package tour
6.2.1. General cancellation terms
The Traveller can cancel the package tour before its commencement according to the standardised cancellation terms below, unless before the conclusion of the agreement the tour operator has stated in writing that cancellation will be made according to an individual calculation of the cancellation fee corresponding to the price of the package tour less costs saved and any income from sale of the cancelled travel services.
- On cancellation no later than 60 days before the departure date, the tour operator pays back to the traveller the paid amount less a fee equivalent to the paid deposit and any cancellation insurance, travel insurance and other fees.
- If cancellation is made later than 60 days before the departure date and no later than 45 days before the departure time specified in the travel documents, the tour operator is entitled to charge 50% of the total price for the tour.
- If cancellation is made later than 45 days before departure, the tour operator is entitled to charge 100% of the total price for the tour as a cancellation fee.
6.2.2. Cancellation in the event of acts of war etc.
The traveller may cancel a package tour before the package tour commences without paying a fee if at the travel destination or in the immediate vicinity thereof inevitable or extraordinary circumstances occur that materially impact the delivery of the package tour or the transport of passengers to the destination.
In order that the traveller can cancel without paying a fee, on the basis of an objective assessment the said inevitable and extraordinary circumstances must render it impossible to travel safely to the destination, e.g. based on guidelines or statements from the Ministry of Foreign Affairs of Denmark, health authorities etc. See www.um.dk and www.ssi.dk.
In case of cancellation free of charge, the traveller is entitled to full refund of the price of the tour, but has no right to further compensation from the tour operator.
The cancellation right free of charge does, however, not apply if the traveller knew or ought to have known of the said event or the event was generally known at the time of the conclusion of the contract.
If the traveller cannot cancel free of charge under the above, the general cancellation rules apply, see clause 6.2.
It applies to round trips that the traveller only has a right to cancel the part of the package tour which takes place in the area advised against. If this part of the package tour constitutes a material part of the package tour, the traveller has the right to cancel the entire tour.
6.2.3. Time of refund and calculation of a cancellation fee
Repayment of amounts under clauses 6.2.1 and 6.2.2 must be made no later than 14 days after the traveller's cancellation of the package tour. If payment was made by card, the refund will be returned hereto.
6.3. Cancellation on the part of the tour operator
6.3.1. Cancellation due to lack of participation
Topas reserves the right to cancel a trip if the minimum participation is below 60%, no later than 30 days before departure.
If the required number of participants is not met by the specified time, the tour operator may cancel the agreement on the package tour without liability. The tour operator informs the traveller about the cancellation of the agreement before the deadline stated in the agreement, but no later than
- 20 days before the package tour commences if the duration of the tour is more than six days,
- seven days before the package tour commences if the duration of the tour is between two and six days,
- 48 hours before the package tour commences if the duration of the tour is less than two days.
6.3.2. Cancellation because of inevitable and extraordinary circumstances
The tour operator may also cancel the agreement for a package tour without liability if the tour operator is prevented from performing the agreement due to inevitable and extraordinary circumstances, and the tour operator informs the traveller of the cancellation of the agreement without undue delay and before commencement of the package tour.
In the above cancellation situations, the traveller will have refunded the amounts paid for the tour no later than 14 days after the cancellation, and the traveller has no claim for any compensation.
7. Defects and Complaints
If a defect is ascertained after the tour has started – under way or at the destination – the traveller must immediately after the ascertainment complain about the defect to the tour operator, its representative at the destination or to the sub-supplier to which the defect is related.
If the representative or sub-supplier of the tour operator cannot or will not remedy or in the traveller's view does not remedy satisfactorily, the traveller must complain directly to the tour operator.
The traveller must ensure that the complaint is registered by the employees and/or sub-suppliers of the tour operator at the place – for example through a note in a hotel book or other written form. In addition, the traveller should ensure to obtain a receipt for the complaint.
If the traveller fails to make a complaint as described above, it will have consequences for the traveller's right to subsequently rely on the defect and obtaining any compensation.
Topas A/S Contact Information:
Phone: (+45) 86 89 36 22 (Monday – Friday, 9:00AM – 4:00 PM)
For emergency assistance outside office hours, please call the Topas on the same number and you will be redirected to our emergency hotline.
E-mail: info@topas.dk
8. Limitations in the Tour operator’s liability in damages
The airlines have the direct liability for the correct execution of the transportation under the Warsaw and Montreal Conventions, the EU regulations 889/2002 and 261/2004 and the Danish Air Navigation Act.
The tour operator limits its liability to the amount limits applicable at any time and appearing from the Warsaw and Montreal Conventions (air transportation), the Athens Convention and EU Regulation 392/2009 (transportation at sea), the COTIF Convention and EU Regulation 1371/2007 (rail transportation). The tour operator's liability in damages therefore cannot exceed the amount applicable to the carriers with the direct liability for the transportation.
The applicable SDR (XDR) exchange rate can be found at www.nationalbanken.dk
The limits of the maximum damages under the Warsaw and Montreal Conventions are fixed at:
- In case of passenger death or injury: SDR 128,821 – if the airline can establish that it has not acted negligently or had incorrect conduct, or if the event is due to a third party's negligent or incorrect conduct
- In case of damage owing to delay of passenger transport: SDR 5,346
- In case of destruction, loss, damage to or delay of luggage: SDR 1,288
- In case of passenger death or injury: SDR 250,000 to SDR 400,000 – according to the cause of the damage and the blame of the carrier
- In case of destruction, loss or damage to hand luggage: SDR 2,250
- In case of destruction, loss or damage to vehicles, including luggage in or on the vehicle: SDR 12,700 – the carrier is only liable for damage caused due to errors on the part of the carrier
- In case of destruction, loss or damage to luggage other than hand luggage and vehicles: SDR 3,375
The limits of the maximum damages under the COTIF Convention and EU Regulation 1371/2007 are fixed at:
- In case of passenger death or injury: SDR 175,000
- In case of lost objects or damaged objects: SDR 1,400
- In case of full or partial loss of a vehicle: SDR 8,000
- In case of damage to objects left in the vehicle: SDR 1,400 – the carrier is only liable for damage caused due to errors on the part of the carrier
9. Making a claim after the end of the tour
Claims for damages and/or a proportionate reduction of the price of the tour – as a result of defects about which correct complaints have been made, and which have not been remedied by the tour operator – must be made within a reasonable time after the end of the tour to the tour operator. If not, the traveller forfeits the right to advance a claim against the tour operator.
The traveller may make their complaint to info@topas.dk to Topas A/S, Bakkelyvej 2, 8680 Ry, Denmark.
10. Access to set-off on payment of damages and/or compensation
When sending its complaint to the tour operator, the traveller must state if the traveller has also sought damages or compensation from the carrier based on EU regulations on passenger rights and liability in damages in relation to passenger transport and under the international conventions which also regulate this matter.
If the traveller has received damages and/or compensation from the carrier, the tour operator is entitled to set off damages and/or compensation according to the Danish Act on Package Tours and combined travel arrangements against the damages and/or compensation that the traveller has received from the carrier.
11. Jurisdiction and choice of law
Where agreement on a claim for damages and/or amount etc. cannot be reached by complaining to the tour operator or the agent, the traveller may file the complaint with Pakkerejse-Ankenævnet (the Package Tour Appeals Board), Haldor Topsøes Allé 1, st. Bygning 91, 2800 Kgs. Lyngby, Denmark.
The Package Tour Appeals Board's website is www.pakkerejseankenaevnet.dk.
Complaints to the Pakkerejse-Ankenævnet can also be filed through the European platform for online dispute solution on http://ec.europa.eu/consumers/odr/. For this purpose, the e-mail address of the Tour operator is info@topas.dk.
As a consequence of its membership of REJS – Travel Industry Denmark, the tour operator is obliged to perform rulings from Pakkerejse-Ankenævnet, unless the board of directors of the association grants dispensation from this requirement, because the ruling is sought to be brought before a Danish court of law, see the association's articles of association.
All disputes and disagreements which may arise out of the coming into existence of any given contract and/or its performance and which cannot be solved between the parties alone or by Pakkerejse-Ankenævnet, must, if the parties want to bring the matter before the courts, be instituted before the Danish national courts of law for final decision and will be subject to Danish law, unless otherwise stated by Regulation 1215/2012 and the Rome Convention of 1980.
12. Guarantee of Rejsegarantifonden (the Danish Travel Guarantee Fund)
In the event of the tour operator's bankruptcy, the tour operator has provided security for refund of the traveller's payments with:
Rejsegarantifonden, Haldor Topsøes Allé 1, st. Bygning 91, 2800 Kgs. Lyngby, Denmark.
Topas A/S is registered member number 899.