TravelPay Layby — Travel Agent Terms & Conditions
Effective 1 December 2019
TravelPay Layby – Agent Terms & Conditions
TravelPay Layby enables your customers to book travel with you and pay in instalments while you receive full payment up front.
Card means the credit, debit or other account nominated or used to make a Payment to a Travel Agent.
Cardholder means the owner or signatory of the Card nominated to make a Payment to a Travel Agent.
Customer 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 behalf of the Customer on the condition that the Customer has provided written permission for them to do so and has provided such permission to the Travel Agent.
Layby Application Form (or LAF) means the form you and Customer signed to apply for a TravelPay Layby.
Fees means all establishment, Payment processing or other fees charged by TravelPay.
Payment means any amount the Customer pays you via 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 (you) means any travel entity through whom a Customer booked travel.
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.
How TravelPay Layby works
- You and the Customer submit a TravelPay Layby application for Travel (flights, cruises, accommodation, car rental etc.). Note that:
- TravelPay Layby is only available on Travel which is fully (100%) refundable up to the date of the final instalment; and
- The final instalment must be made by the earlier of 14 days prior to the date of departure or the date the Travel is no longer 100% refundable.
- We will process the TravelPay Layby application and confirm acceptance or rejection.
- If the TravelPay Layby application is accepted, we will:
- Immediately charge the Customer’s Card the amount of the Establishment Fee shown on the LAF plus the first instalment; and
- advance the total amount shown in the LAF to your nominated bank account within three business days of the application being approved.
- We will debit the monthly instalment payments, which include Fees, from the Customer’s nominated Card on your behalf and deposit such amounts into a bank account held by us.
- You authorise TravelPay to apply the instalment payments toward repayment of the total amount owed to you by the Customer and advanced to you by TravelPay in respect of that Customer.
- TravelPay will notify you of any failure of the Customer to pay an instalment payment.
- TravelPay will advise you and the Customer when all instalments have been successfully processed and the total travel amount advanced to you in respect of that Customer has been repaid.
Your roles and responsibilities
- You must not represent to Customers that we provide credit to them; the advance is made to you to allow your customer to pay for the eligible Travel by instalments.
- You must ensure that all Travel booked by the Customer using the TravelPay Layby facility has been organised and is paid for as required by the third-party suppliers of that Travel in accordance with the application.
- You must use the amount we advance to you only for payment of the Travel booked by the Customer and the subject of the LAF.
- You must not apply any additional fees to the Customer for using the TravelPay Layby facility.
- You must provide all Customer and Travel documents, including terms and conditions relating to cancellations and refunds, as may be required to enable TravelPay to assess applications.
- You must act upon our direction when releasing the Travel to the Customer. This includes not releasing Travel documentation, tickets or confirmation numbers to the Customer before we advise you that Customer has completed all instalment payments for Travel.
- You must obtain, by means of the LAF or otherwise, an irrevocable direction from your Customer to act upon our direction to cancel and/or request a refund for the Travel when appropriate.
- You may provide a refund to the Customer only with our written agreement.
- If you release or issue the Travel or the Travel is otherwise provided to the Customer without our written agreement, you will be responsible to repay us the total travel amount, less any amounts we have already received as instalment payments from Customer.
- You must implement processes and procedures to ensure the security of credit card numbers given to you in accordance with the principles of PCI DSS requirements.
- You agree to comply with all applicable Privacy Laws.
Cancellations and refunds
- You must notify us within two days if a Customer requests that you cancel their Travel or their TravelPay Layby arrangement.
- Alternatively, we may direct you to cancel the Travel for non-payment.
- If we or the Customer request cancellation, you must immediately cancel the Travel and obtain the maximum available refund from the third-party providers.
- Where possible, you must ensure that the refund amount is paid to TravelPay. Otherwise, you must pay to us the full refund amount.
- We will apply all such refunds against the amount we advanced to you for the Travel and our Fees.
- We rely on your expertise and integrity. Any failure on your part to co-operate with us in these situations may compel us to take whatever steps are appropriate to protect our interests.
Customer instalment failures
- If a Customer instalment fails, is disputed and/or charged back by the Customer’s Card facility, we will notify the Customer that the instalment must be paid within five days to enable their Travel booking to proceed.
- A Failed payment Fee is charged to the Customer’s Card as shown on the LAF.
- Should the Customer not complete the instalment payment within five days, we may direct you to cancel the Customer’s Travel.
- You must exercise care and take reasonable precautions to prevent incorrect, fraudulent, illegal, reversed or disputed Payments from occurring.
- You must do everything necessary on your part to enable us to avoid having to refund payments, including, for example, providing information about the goods and services supplied by you and the Customer authorisation in relation to a payment.
- Notice of a disputed payment or chargeback will be successfully refuted if you provide clear authorisation from your Customer that is subsequently accepted by the Cardholder’s financial institution. Should the disputed payment or chargeback not be refuted, you will need to resolve the matter directly with your customer.
- If we receive notice of a Disputed Payment and/or are required to refund or reverse all or part of any Payment to a Customer, a Cardholder, their bank or a refund is otherwise debited from our account, then:
- we will be discharged from any obligation to remit that amount to you; and
- you must reimburse us for that amount and/or we may set amounts due to you under this clause off against any other remittance due by us to you and/or deduct amounts from your nominated bank account.
- If you pay money to TravelPay in accordance with paragraph 5(f) and TravelPay subsequently recovers funds from the Cardholder, then TravelPay will deposit the amount into your nominated bank account by electronic funds transfer.
- If you request that TravelPay refunds a Payment to your Customer for any reason, the refund will be processed back to the credit card used in the originating transaction.
- The Payment Processing Fee and other fees charged directly by TravelPay are not refundable under any circumstances.
- You authorise us to credit and debit your nominated trust bank account and/or nominated business account in accordance with the terms and conditions set out within this Agreement.
- This agreement can be terminated by you or us for non-payment by the Customer or when you agree with a Customer to cancel the Travel.
- Termination of this agreement will be without prejudice to our respective rights (including the right to damages) at law or in equity or our respective rights that have arisen in relation to an advance in respect of a Customer’s Travel.
- You agree that termination by you does not become effective until you have paid to us any outstanding amount that is payable to us under this agreement.
- We reserve the right to vary any term of this agreement and any change will be effective from the date nominated in the notice to you of the change.
- You shall be deemed to accept this amendment unless we receive written notice to the contrary within 14 days of the date of the advice of the change.
Indemnities and Privacy
- As you are the beneficiary of funds collected by us, the supplier of goods and services to the Customer and the party privy to relationships with the Customer, you bear all responsibility and liability for any reversed or disputed payments or other form of recovery of funds by us.
- You indemnify us against any liability or loss that we may suffer or incur arising from a breach by you of your obligations under this agreement. This indemnity includes any liability or loss that we are liable for to a third party arising from a breach by you of your obligations under this agreement.
- To the extent possible by law, our liability is limited to the cost of the Travel.
- You authorise us to debit your nominated bank account with any amount that was credited to your account by us in error and the error notified to you.
- You must provide to us and authorise usage by us of your logo, Travel Agency name or similar branding in conjunction with TravelPay.
- TravelPay reserves the right to deny or remove access to the TravelPay Layby product at any time.