TravelPay Layby — Customer Terms & Conditions
Effective 1 December 2019
TravelPay – Layby Customer Terms & Conditions
Under the TravelPay Layby facility, TravelPay advances funds to Travel Agents to enable the Travel Agents’ customers to pay for their travel by instalments. By completing and executing an agreement or by using the service, the Customer agrees to be bound by the terms and conditions set out below (the “Terms”).
Card means the credit or debit account nominated or used by you to make a Payment to a Travel Agent.
Cardholder means the owner or signatory of the Card nominated or used by you to make a Payment to a Travel Agent.
Customer (you) means a person who has booked travel via a Travel Agent and who wishes to pay for that travel by instalments using TravelPay Layby. For the purposes of this agreement, it also includes any person who makes instalment payments via the TravelPay Layby program on your behalf on the condition that you have provided written permission for them to do so and have provided such permission to the Travel Agent.
Layby Application Form (or LAF) means the form you and the Travel Agent signed to apply for a TravelPay Layby.
Fees means all establishment, Card processing or other fees charged to you by TravelPay.
Payments means any amounts you pay to TravelPay under the TravelPay Layby program (including Fees).
Travel means the travel covered by the reservation number(s) shown in the LAF and for which the layby amount is fully refundable.
Travel Agent means the Travel Agent through whom you booked your travel and who wishes to allow you to pay by instalments.
Travel Provider means the airline, accommodation, cruise provider or any other travel wholesaler providing the services included in the TravelPay Layby.
TravelPay means the brand owned and operated by Zenpay Pty Ltd ABN 63 056 881 942.
TravelPay Layby means the program developed by Zenpay Pty Ltd to enable Travel Agents’ customers to pay by instalments.
a. These Terms apply from the date upon which TravelPay Layby accepts a LAF.
b. These Terms do not operate to vary or affect in any way the meaning, terms, operation and effect of any other contract to which you are a party including, without limitation, with the Travel Agent and Travel provider via or with whom you have booked your Travel and any agreement regulating the use by you of the Card used to make Payments.
a. You are responsible for ensuring that the entity issuing your Card will fulfil Payments authorised by you. You are responsible for ensuring that you have authority to nominate the Card used to process Payments.
b. TravelPay is not responsible or liable in any way for any failure by any entity issuing the Card to remit Payments. You acknowledge that the entity issuing the Card may not permit the use of the Card to process Payments using TravelPay. You are liable for any and all expense, damage or loss incurred by TravelPay in the event of the misuse or unauthorised use of the Card by you and you must reimburse any such amounts to TravelPay.
c. The Card must have been issued by an Australian banking, credit or other financial institution.
d. In order to use the TravelPay service, you must over 18 years of age and be the owner of the Card or be acting with the written authorisation of the Cardholder.
e. You are responsible for ensuring that the Payment, and the Travel Agent you are paying, is permitted under the terms of your Card including prohibitions that card issuers apply to the use of the Card for certain activities. You are not permitted to use the service for services related to adult services, pornography, foreign exchange, share purchases, gambling, investments, mortgage payments, illegal drugs, political donations, wages, payments to yourself or a related business entity, or any payment which is not a bona fide payment. TravelPay may apply additional restrictions and may amend this list at any time without notice.
f. TravelPay will not be liable for any Payments made in accordance with details you have provided or selected.
Eligible Customers and Travel
a. You must be over 18 years of age to apply for a TravelPay Layby.
b. The departure date of the Travel booking must be at least 14 days after the date of the last scheduled TravelPay Layby instalment.
c. TravelPay Layby is only available on the portion of the Travel booking which is 100% refundable by the time the final instalment is paid.
a. You are deemed to have provided unconditional authorisation for the Card to be debited or charged with Payments on behalf of the Travel Agent.
b. You are deemed to have provided unconditional authorisation for the Card to be debited or charged with Fees payable to TravelPay.
c. TravelPay is not liable for any fraudulent use of the Card.
d. Regardless of when a Payment is processed by TravelPay, the Payment is regarded as complete unless and until the entity issuing the Card authorises and settles the Payment according to the settlement arrangements relating to the Payment. TravelPay does not process Payments presented after normal banking hours or on days trading banks are not open for business in New South Wales until the next day on which trading banks are open for business in New South Wales.
e. You release and indemnify TravelPay from and against any action claim, loss, proceeding, cost, liability or expense (a “Claim”) you suffer or incur in relation to, in connection with, or as a direct or indirect result of any failure by you to make Payments unless that failure occurs due to a breach by TravelPay of these Terms.
f. As a separate, primary and severable liability, you indemnify and must keep TravelPay indemnified from and against any Claim suffered or incurred by TravelPay in relation to, in connection with or as a direct or indirect result of any Payment or purported Payment being rejected, invalidated or disputed. It is not necessary for TravelPay to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make Payment before enforcing a right of indemnity conferred by these terms and conditions.
g. You acknowledge that any Payments made under this agreement that are subsequently disputed or reversed or which TravelPay is required to refund by the entity issuing the Card, will not be forwarded to, or may be recalled from, the Travel Agent and you will be obliged to remake any such Payment due under the terms of your agreement with the Travel Agent. Should TravelPay be unable to recall or recover funds that have been disputed or reversed, you are responsible and liable for Payment to TravelPay of the outstanding funds.
Cancellation or Stopping Payments
a. You are responsible for advising TravelPay or altering your Payment settings if your Payment ceases to be payable and/or you wish to withdraw your authorisation.
b. You acknowledge that any Payments received by TravelPay (other than any Payment Processing Fee and other fees charged directly by TravelPay) are remitted by TravelPay to the Travel Agent and you must recover any overpayment directly from the Travel Agent. You release and indemnify TravelPay from and against any dispute or claim arising from any Payment that is not actually due and/or payable. The Payment Processing Fee and other fees charged directly by TravelPay are not refundable under any circumstances.
c. An authorisation is deemed to continue unless and until you update your online Payment details or notify TravelPay in writing that the authorisation is withdrawn (a “Cancellation Notice”). A Cancellation Notice may not be effective until five business days from the date it is received by TravelPay.
d. TravelPay can terminate or limit the Payment arrangements contained in these Terms at any time without providing you any notice.
e. You acknowledge and agree that TravelPay has no involvement in, and no responsibility or liability for, the supply or delivery of goods or the performance of services between you and the Travel Agent and, as such, you agree that all queries, disputes or refund requests in relation to these goods or services will be taken up directly with the Travel Agent.
f. You indemnify TravelPay from any direct or subsequent loss, including administration and recovery costs, as a result of you not following these Terms.
c. TravelPay may use the personal information collected for the provision of service or marketing information to you or the Travel Agent and to identify you.
Variations and Amendments
a. TravelPay may vary, delete or add (“Change”) to these Terms (including the Payment Processing Fee and other fees) at any time.
b. Any Change will be effective from the day after TravelPay implements or posts the Change on the TravelPay website.
c. TravelPay may not provide any other notification, in any other way, of any Change. If you wish to vary your Information (including any authorisations), you must execute and deliver a Change Notice by contacting TravelPay in writing.