phone-call 1800 815 228 Make an appointment search-icon closesearch
Claim forms
Warrnambool ocean

Frequently Asked Questions

Top Deck Tours Pty Ltd
Investigation into a potential Class Action

More questions?

No problems.  Feel free to contact us via topdeck@maddenslawyers.com.au and we will respond as soon as possible.

Frequently asked questions

What is the investigation about?

The investigation is looking into a prospective class action against Top Deck Tours Pty Ltd (‘Top Deck’).

Top Deck runs group tours across the world for travelers aged 18 to 39 years.  Due to Covid-19 travel restrictions, Top Deck has announced that all tours up until 31 August 2020 have been suspended.

Top Deck is seeking to make retrospective changes to its booking terms and conditions and cancellation policy due to “exceptional circumstances and the unprecedented impact of coronavirus (Covid-19)”.  As a result of these changes, travelers are being offered travel credit vouchers and requests for refunds are being declined.

We are investigating the rights of Top Deck travelers who have been impacted by these changes including whether Top Deck has breached its contracts with travelers and/or the Australian Consumer Law by declining to offer refunds in certain instances.

Am I eligible to register?

You are eligible to register your interest in Maddens Lawyers’ prospective class action against Top Deck if:

  • you have booked a travel tour with Top Deck;
  • your Top Deck Tour has been cancelled by you or by Top Deck due to the Covid-19 pandemic; and
  • you have been refused a refund of the money you paid or charged a cancellation fee in respect to your Top Deck tour.
What does registering with Maddens Lawyers involve?

Registration will involve filling out an online registration form providing:

  • your contact details;
  • details of your travel agent;
  • details of your Top Deck tour; and
  • details of cancellations or changes to your Top Deck tour; and
  • copies of relevant documentation.

Registering with Maddens Lawyers is not a commitment to take legal action but will ensure you are kept updated of important developments as our investigations continue.

If you are unsure whether you are eligible to register, or are having difficulties in completing the registration form, please contact us at topdeck@maddenslawyers.com.au.

How much will it cost?

Registering your interest in the potential class action will not cost you anything.

In the event a class action is commenced, we will be in contact with you to discuss legal costs so that you can make an informed decision as to whether you wish to participate.

Maddens Lawyers typically acts on a ‘no win, no fee’ basis for class actions.  This means in the event we’re unable to secure a refund for you, you will not be charged any legal fees.

In the event we are able to secure a refund for you, it is likely that Top Deck will be required to contribute to your legal fees.  Any legal fees that are unable to recovered from Top Deck would be deducted from the refund owing to you.

 

What is a class action and what are the benefits?

A class action involves a group of people bringing a claim against the same person or entity (the defendant). The claims of the group must arise out of the same, similar or related circumstances.

Class Actions provide strength in numbers and access to justice.  By pursuing a claim for compensation as a member of a larger group you will be helping to ‘level the playing field’ by joining together to collectively challenge the conduct of a large corporation.  Class Actions are efficient and cost-effective as claims involving many people can be resolved through a single case and the legal costs associated with pursuing the claim for compensation are shared.

Read more about the benefits of participating in a class action (pdf)