Terms and Conditions



Last updated: March 2024

This document defines the Terms and Conditions for participation in a TopFams (“Company”) travel agent familiarization trip (“FAM”), including the eligibility, application process, limitations, and expectations associated with our offerings, designed to provide unique travel opportunities for qualified travel agents and their companions, where applicable. By engaging with a FAM, participants are required to adhere to the stipulated guidelines and acknowledge the legalities involved, including adherence to all applicable federal, state, and local laws. It is imperative for participants to fully understand and accept these terms, as they outline both the opportunities and responsibilities involved in participation. Please read the following terms carefully to ensure a comprehensive understanding of your rights and obligations within this agreement.

Eligibility: Each FAM is open to travel agents and, when allowed, a travel companion, who are eighteen (18) years of age or older and can provide proof of valid industry affiliation such as International Air Transportation Association (IATA), TRUE, Travel Industry Designator Service (TIDS), Cruise Lines International Association (CLIA), Airlines Reporting Corporation (ARC), or equivalent identification generally accepted in the travel industry.

The FAM offering is void where prohibited by law. All federal, state and local laws and regulations apply. By participating in the FAM, selected agents and travel companions fully and unconditionally agree to and accept these Terms and Conditions and the decisions of Company, which are final and binding. Void where prohibited by law.

Agent Selection and Participation Criteria: The selection of agents for participation in a FAM is solely within the discretion of the Company, in collaboration with its participating suppliers, destinations, and vendors. Eligibility and selection for participation shall be rigorously determined based on a comprehensive set of criteria established by the Company and the aforementioned entities. These criteria may include, but are not limited to, the agent's training, experience, booking volume, and other pertinent factors detailed within the application process.

The submission of an application for participation in a FAM constitutes no guarantee of receiving an invitation to participate. It is critically acknowledged that limitations stemming from inventory constraints may significantly influence the selection, invitation, and subsequent participation of agents. The finite availability of accommodations, experiences, and other integral logistical components of the FAM may inherently restrict the capacity for agent selection.

Furthermore, the Company expressly reserves the exclusive right to make final determinations regarding agent selection and participation in the FAM. These determinations will take into account the established selection criteria, the availability of limited inventory, and any other relevant factors presented through the application process.

Eligibility Documentation: Agents must provide proof of industry affiliation. Acceptable forms of identification include an IATAN ID card, TRUE Photo ID Card, CLIA current photo ID card, or a TIDS ID Card, among others. You must email proof of your eligibility to Support@TopFams.com within five days of submitting your payment, or your confirmation may be canceled.

Travel Insurance: Unexpected circumstances can arise for the Agent, Company, destination, supplier, or host which could result in the modification or cancellation of a FAM. Company recommends Agent procure, at their expense, trip cancellation insurance to safeguard against potential cancellation fees and other unforeseen disruptions. While the choice of insurance is up to the Agent, we suggest considering policies that include a 'Cancel For Any Reason' rider to provide the most comprehensive coverage. Any such insurance purchase or claim is outside the scope of the agreement with Company.

Modification or Cancellation by Company: The Company reserves the exclusive right, in collaboration with its providers, suppliers, destinations, hosts, and other relevant vendors, to modify or cancel a FAM at its discretion and for any reason deemed necessary. In the event of a cancellation by the Company, participants may be entitled to a full, partial, or no refund, depending on the circumstances of the cancellation. The determination of the refund type will be based on the retained revenue available after settling all necessary expenses and considering any refunds received from suppliers involved in the FAM up to the point of refund calculation. In certain situations, suppliers may offer future travel credits instead of a cash refund. The availability of such credits and the decision to offer them, lies solely at the discretion of the individual suppliers and not with the Company.

Company will calculate and issue any determined refunds no later than 90 days following the cancellation of the FAM, based on the revenue, credits and refunds received up to that date. Participants should note that any additional refunds or credits received from suppliers after refunds are issued will not be eligible for redistribution to Agents. It is important for Agents to understand that the Company does not guarantee a full or partial refund of all fees paid for the FAM.

Cancellation by Agent: Agent may cancel participation in the FAM for any reason, including force majeure, at any time.  All cancellations must be communicated to support@topfams.com.  Cancellation is effective upon the Company's acknowledgment of receipt of the email. Agent will receive a partial refund of fees paid based on the days before departure of the cancellation. Refunds are structured as follows, depending on the timing of the cancellation:

• 150 or more days before departure: 75% refund of the total fees paid
• 149 to 120 days before departure: 50% refund of the total fees paid
• 119 to 90 days before departure: 25% refund of the total fees paid
• Less than 90 days before departure: No refund is paid

Any applicable refunds will be issued within 90 days of date of cancellation. It is recommended that the Agent provide any accompanying documentation that may be necessary to process the refund at the time of cancellation notice submission.

Agents are advised to consider the implications of this cancellation policy in their decision-making process and are encouraged to procure comprehensive travel insurance to mitigate potential losses.

Transferability:  Participation rights in the FAM are expressly non-transferable. This means that an agent cannot transfer or assign their spot on the FAM to another person, regardless of the circumstances. This policy applies to all participants without exception and includes, but is not limited to, circumstances such as inability to travel, scheduling conflicts, or personal emergencies. The Company maintains this policy to ensure fairness and consistency in the application process and to adhere to specific regulatory, logistical, and planning requirements associated with the FAM. Any purported transfer or assignment of participation rights will be void and will not be recognized by the Company or FAM suppliers.

Participation: The FAM provides an opportunity for a destination, supplier or host to promote their services to Agents. The experience and services provided introduce participants to local operators, immerse them in local culture, and highlight the benefits of the destination or host. Agents and travel companions agree to participate in all planned activities as outlined in itinerary. Agents who do not fully participate may be ineligible from participating in future Fams.

Dispute Resolution: In the event of any dispute arising from or related to these Terms and Conditions, or a participant's involvement in the FAM, such disputes shall be resolved exclusively through final and binding arbitration conducted in the jurisdiction where the Company’s principal place of business is located, pursuant to the rules of the American Arbitration Association.

Time Limitation on Claims: Any claims or actions by a participant in connection with their involvement in the FAM must be commenced within 90 days after the completion of the FAM.

Severability: If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the remainder of the Terms and Conditions, which shall remain in full force and effect.

Confirmation of No Representations: By agreeing to these Terms and Conditions, participants acknowledge that no representations, warranties, or promises outside of this agreement have influenced their decision to participate in the FAM.

Release And Limitations of Liability: Participants in the FAM, both Agents and their travel companions, shall indemnify and hold the Company—including its officers, directors, employees, affiliates, contractors, and agents, collectively known as the "Released Parties"—harmless from all liabilities, losses, damages, or claims incurred in connection with their participation in the FAM or through the receipt or use of any rewards. This indemnification includes, but is not limited to, responsibility for any of the following:

a)     Misprints or typographical errors;

b)    Administrative mishaps related to the FAM or handling of applications;

c)     Any discrepancies or issues with accommodations, transportation, or lost baggage;

d)    The participant's failure to secure necessary travel documentation, timely arrival for departures, or connection to scheduled transports;

e)     Any harm, loss, or damage experienced by persons or property, which may be caused, directly or indirectly, wholly or in part, by their participation in the FAM or through the receipt, ownership, or misuse of rewards, including but not limited to property damage, personal injury, or death, and any claims stemming from rights of publicity, defamation, or privacy invasion;

f)       Any negligent behavior or oversight by airlines, other suppliers, or their staff, or any entity outside the direct oversight of the Company;

g)     Adjustments to travel plans or replacement of services or accommodations, with the assurance that all reasonable efforts will be made to provide services and accommodations of a similar standard;

h)     Actions by government, adverse weather conditions, equipment malfunctions, labor disputes, illness, theft, or any other circumstances beyond the direct influence of the Company.

This release extends to cover all known and unknown, foreseen and unforeseen, past, present, and future claims and liabilities.