TravelPay – Merchant Webpay Terms & Conditions
Effective 1 December 2019
Merchant WebPay Terms & Conditions
By logging onto this website using your TravelPay Merchant ID number or email, password and member information, or by using the service, you agree to be bound by the terms and conditions set out below (the “Terms”).
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 an agreement to make Payments to a Travel Agent, or an entity with whom the Travel Agent acts, for a travel itinerary on which the Customer is included. For the purposes of this agreement, it also includes any person who makes Payments via the TravelPay program on behalf of the Customer on the condition that the person making the Payment has provided written permission to the Travel Agent.
Travel Agent (you) means any travel entity to whom Payments are payable and which are processed using TravelPay.
Payment in relation to a Customer, means the amount a Customer pays to a Travel Agent by using TravelPay.
Payment Processing Fee means any processing or transaction fee applied by TravelPay and paid by either the Customer or the Travel Agent.
TravelPay (we or us) means the program developed by Zenpay Pty Ltd ABN 63 056 881 942 for the processing of Payments.
- When you submit and confirm payment details, and thereby process a payment on the Merchant WebPay page of this website, you are authorising TravelPay to collect that amount on your behalf.
- A Payment Processing Fee is payable in relation to all Payments made on this website. You can choose to pass this fee onto the Customer/Cardholder or to absorb the fee using the options in the ‘Apply Processing Fee’ section. TravelPay will deduct the Processing Fee from the total amount processed before remitting Payments to you. Should you choose to pass the fee on, you must disclose the fee to your Customer prior to taking their Payment.
- TravelPay will deposit Payments (less any Processing Fees and amounts to be deducted under clause 15(b)) by electronic funds transfer to the bank account you nominate in your TravelPay Account Activation Form.
- TravelPay will provide a reconciliation file for monies deposited, recalled, or refunded into your Nominated Bank Account.
- You represent and warrant to TravelPay that you hold all statutory licences and authorities necessary for the collection of Payments.
- You are responsible for ensuring that you are entitled to charge the Cardholder the amount that is the subject of the Payment. You must hold a signed authorisation from the Cardholder in a form acceptable to TravelPay.
- 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.
- You represent and warrant to TravelPay that your Bank Account details, as provided to TravelPay, are true and correct. You must notify us of a change to your Nominated Bank Account by completing the nominated form and providing the requirement supporting documents. Changes could take up to five business days. You indemnify TravelPay from any claims made against TravelPay as a result of Payments made pursuant to incorrect information you have supplied.
- After a transaction has been processed, the Cardholder may attempt to cancel the transaction due to your failure to deliver goods or services, fraud, a lack of authority and/or an incorrect amount being charged (‘Disputed Payment’). You must exercise care and take necessary precautions to prevent fraudulent, illegal or Disputed Payments from occurring.
- As you are the beneficiary of funds collected by TravelPay, the supplier of goods and services to the Customer and the party privy to other relationships with the Customer or Cardholder, you bear all responsibility for any Disputed Payments or other form of recovery of funds by TravelPay. You indemnify and hold TravelPay harmless from and against all claims, costs, liabilities and expenses suffered or incurred by TravelPay as a result of TravelPay being obliged, for any reason, to refund Payments before or after the corresponding amount has been remitted to you. In certain circumstances, TravelPay will be obliged to recover Disputed Payments, collected on your behalf, from you.
- TravelPay will promptly notify you if a Payment is refunded by TravelPay, or if TravelPay receives notice of a Disputed Payment that might lead to such refund. You must do everything necessary to enable TravelPay to avoid having to refund Payments. This includes, for example, providing information about the goods and services you supplied and the Customer’s authorisation in relation to a Payment. Note that disputes are still valid, and you are still liable, if they are received post-termination of this Agreement.
- Notice of a Disputed Payment will be successfully refuted if you provide clear authorisation from your Customer that is subsequently accepted by your Customer’s or the Cardholder’s financial institution. Should the Disputed Payment 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 15 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.
- You must not make payments to yourself (i.e. not use your own credit card to process a payment through TravelPay).
- The Payment Processing Fee and other fees charged directly by TravelPay are not refundable under any circumstances.