PayLater Travel Terms And Conditions

LAST UPDATE: 1 August 2018

OVERVIEW

This website is operated by Flexplore Pty Ltd (ACN 621 979 431) trading as PayLater Travel. We provide a flexible lay-by solutions for customers wishing to travel domestically or internationally. Throughout the site, the terms “we”, “us” and “our” refer to PayLater Travel, and should be read as such. PayLater Travel offers all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here. Please read these Terms of Service carefully before accessing or using this website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. By visiting this website and/or utilising our service, you acknowledge that you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions and policies as required from time to time. These Terms of Service apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. You can review the most current version of the Terms of Service at any time on this page. PayLater Travel reserves the right to update, change or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for any changes. Any changes made to the website will also be subject to the Terms of Service. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. GENERAL CONDITIONS

  • 1.1. A breach or violation of any of the Terms will result in an immediate termination of your Services.
  • 1.2. By agreeing to these Terms of Service, you confirm that you are over the age of 18 or that you are over the age of 18 and you have given PayLater Travel your consent to allow any of your minor dependents to use this site.
  • 1.3. PayLater Travel reserves the right to refuse service to anyone, for any reason, at any time.
  • 1.4. You must not use any PayLater Travel products for any illegal or unauthorized purpose, including any use which violates laws of your jurisdiction.
  • 1.5. You must not transmit any worms or viruses or any code of a destructive nature as a result of your use of the PayLater Travel services.
  • 1.6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the PayLater Travel website through which the service is provided, without express written permission from PayLater Travel.
  • 1.7. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
  • 1.8. Your content (excluding payment information), may be transferred unencrypted over various networks in order to adapt to the technical requirements of connecting networks or devices. Payment information, including debit card details will always be encrypted during transfer over networks.

2. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

  • 2.1. PayLater Travel is not responsible where any information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary sources of information. Any reliance on the material on this site is at your own risk.
  • 2.2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Where practicable, customers will be advised if they are viewing historical information.
  • 2.3. PayLater Travel reserves the right to modify the contents of this site at any time, but as the site may contain some historical information, you agree that it is your responsibility to monitor changes to our site.

3. PRODUCTS OR SERVICES

  • 3.1. PayLater Travel offers a lay-by service, where full payment must be made prior to the release of the e-ticket. PayLater Travel do not issue credit, and no credit checks are performed.
  • 3.2. By purchasing a PayLater Travel product through www.paylatertravel.com.au, you agree to enter into a contract direct with the Third Party Provider and to be bound by any additional terms and conditions that the Third Party imposes.
  • 3.3. All services provided are subject to availability, and you agree to revisions being made to your booking, where required, as a result to changes to availability.
  • 3.4. PayLater Travel reserves the right to not honour a booking if there is a pricing error or it is believed an incorrect total was achieved by way of technical glitch, and will notify you accordingly. PayLater Travel has the right to refuse a transaction in the unlikely case that there is a pricing error or cart error and prices are not shown as correct.
  • 3.5. You are responsible for ensuring the total number of people travelling within your travel party / booking can be accommodated within the rooms you have selected. PayLater Travel will not be responsible for any additional charges for accommodation or bedding that you may be incurred.
  • 3.6. Your e-ticket will be provided to you via email and/or mail at least 2 weeks prior to travel, on the basis that the provided full and final balance has been paid.
  • 3.7. It is your responsibility to confirm the booking and details with the airline once your e-ticket has been issued. Note, Third Party Suppliers such as airlines may change schedules, routes, times, terminals at any time. We may not be advised of these changes so we recommend you check the airlines’ website before departure of each flight for up-to-date information.
  • 3.8. Pay Later Travel will guarantee the original quoted price and original dates of travel if the quote is accepted within 24 hours and also that a deposit has been paid.
  • 3.9. Pay Later Travel will make every effort to book your preference of airline and time, however reserves the right to change airlines, specific flight routes and times based on availabilities and/or factors outside the control of PayLater Travel.

4. PRICE

  • 4.1. All prices quoted are in Australian dollars.
  • 4.2. Quoted prices are subject to change prior to your deposit being received. Price changes may occur by reasons outside of the control of PayLater Travel. These may include (but are not limited to) adverse currency fluctuations, fuel surcharges, taxes, charges or levies imposed by any government or their agencies.
  • 4.3. If foreign currency rates were to fluctuate beyond reasonable levels, PayLater Travel reserves the right to amend the Payment Plan pricing via written notification to you and subsequent acceptance by you. You may elect (in writing) to discontinue the booking and payment plan, in which case lay-by termination fees may apply.
  • 4.4. You are required to pay for any additional products or services in relation to your travel that are not included within the quote you receive from PayLater Travel. These may include (but are not limited to) Resort Fees and Taxes, Special Event surcharges, if applicable, which in most circumstances are payable directly to the hotel at the time of checking in.
  • 4.5. Prices quoted and charged by Pay Later Travel do not include personal expenditure such as insurance, laundry, telephone calls, emergency evacuation costs, drinks, excess baggage, passport, visa fees, gratuities, and travel costs in Australia to the point of international departure.
  • 4.6. Prices established in this Agreement, and in any schedule, exhibit or related agreement hereto, are exclusive of taxes and other fees which may be imposed on PayLater Travel or you for the provision or use of the Service. You will be responsible for such taxes and other fees. Tax exempt status will be granted to you upon presentation of a satisfactory certificate of exemption.

5. PAYMENTS

  • 5.1. Upon booking, between 10%-15% of your total trip cost will be required as a non-refundable deposit. Quoted prices are not confirmed until the deposit has been paid, and may fluctuate or change as a result of an unpaid deposit.
  • 5.2. Regular instalments are to be made weekly, fortnightly or monthly as chosen by you at the time of booking your holiday. Layby periods range up to 6 months with final balance required at least 4 weeks prior to departure for all travel deals.
  • 5.3. Payment methods are via debit or credit card linked to your account. If payment details need to be changed, please contact our Customer Service Team at bookings@paylatertravel.com.au.
  • 5.4. You may elect when your first instalment is paid, with subsequent payments occurring at time intervals selected by you. Automatic payments will occur on that day (or next business day if the date falls on a public holiday or a weekend).
  • 5.5. By confirming your booking and choosing a payment plan, you hereby authorise PayLater Travel to debit the instalments from your preferred payment option, at the amounts and dates set our in the agreed upon payment schedule.
  • 5.6. If you wish to change a payment date, notice is required in writing, at least 48 hours prior to the scheduled payment. As payments are automated PayLater Travel may not be able to cancel or stop a payment on the day they are due. Any changes to the payment plan are required to be made in writing to bookings@paylatertravel.com.au.
  • 5.7. Stripe are responsible for handling all customer payments on behalf of PayLater Travel. You can access our third party payment provider, Stripe’s terms here: https://stripe.com/us/terms.
  • 5.8. You are responsible for ensuring there is sufficient funds available. Where a scheduled payment has failed, you are required to contact us at bookings@paylatertravel.com.au to rectify the failed payment.If your layby account is in arrears at any stage or final balance is not received by due date, you may be at risk of losing your reservation or the price of your booking increasing. This is because overdue monies may inhibit us from fulfilling your travel arrangements in accordance with the third party supplier agreements we have.
  • 5.9. Where a payment has been missed, you will be required to clear your arrears prior to the next instalment date. In the event that a second payment is missed PayLater Travel reserves right to cancel your booking.
  • 5.10. Should your account be in arrears at any stage, PayLater Travel reserves the right to change your booking to the next best possible and available airline for your trip. We use a range of selection criteria including; reputation of the airline, baggage allowances, routes serviced, least possible stop-overs.
  • 5.11. PayLater Travel will, to the best of our ability endeavour to contact you should payments be missed, including via SMS, email or phone. Note, Stripe, our third party payment provider will also attempt to deduct funds for days subsequent to payment date, if funds are not available on the scheduled day.
  • 5.12. You may be charged a dishonour fee of $10.00 to cover charges incurred from a missed payment. Please note that your financial institution may also charge you a dishonour fee.

6. CHANGES TO BOOKINGS

  • 6.1. Any changes or amendments made to your booking will incur a change fee of $100 per change, per booking plus 100% of any applicable supplier fees.
  • 6.2. All change requests must be made in writing to bookings@paylatertravel.com.au no later than 60 days before travel.
  • 6.3. In the event of a change to your booking, PayLater Travel reserves the right to amend your lay-by payment schedule based on prices from suppliers as a result of the change to the booking. Any additional costs incurred by suppliers will be factored into the amended lay-by schedule.
  • 6.4. PayLater Travel will contact you in writing regarding changes to the lay-by schedule which are subject to the same terms as laid out in this agreement.

7. LAY-BY TERMINATION POLICY

  • 7.1. All cancellation requests must be made in writing to bookings@paylatertravel.com.au no later than 30 days before travel. Cancellation requests cannot be accepted over the phone or via live chat. As payments are automated we require a minimum of 48 hours’ notice prior to a payment schedule date.
  • 7.2. PayLater Travel reserves the right to cancel a booking on your behalf if you breach a term of the agreement, such as that noted in section 5. of this agreement. PayLater Travel also reserves the right to cancel a booking if goods are no longer available due to circumstances outside our control.
  • 7.3. In the event that your booking is cancelled either by you, due to a breach of this agreement, or a cancellation by PayLater Travel due to circumstances outside our control, lay-by termination fees will apply:
    • a) if your booking is cancelled prior to a deposit being taken, no fees will apply.
    • b) bookings cancelled 150 to 180 days prior to departure are subject to a termination fee of 10% of the booking value plus 100% of any deposits paid and/or payments we have made on your behalf to third party suppliers.
    • c) bookings cancelled 120 to 149 days prior to departure are subject to a termination fee of 30% of the booking value plus 100% of any deposits paid and/or payments we have made on your behalf to third party suppliers.
    • d) bookings cancelled 90 to 119 days prior to departure are subject to a termination fee of 70% of the booking value plus 100% of any deposits paid and/or payments we have made on your behalf to third party suppliers.
    • e) bookings cancelled 0 to 89 days prior to departure are subject to a termination fee of 100% of the booking value and/or payments we have made on your behalf to third party suppliers.
  • 7.4. PayLater Travel reserves the right to deduct any outstanding monies owed from payments you have already made.
  • 7.5. If your lay-by instalments do not cover the lay-by termination fee, PayLater Travel is entitled to recover the outstanding amount as a debt owed.

8. TRAVEL INSURANCE

  • 8.1. Travel Insurance is the responsibility of each traveller and is not provided as part of PayLater Travel’s service offering.
  • 8.2. Any customers with pre-existing medical conditions should contact an insurer directly.
  • 8.3. PayLater Travel strongly recommend that all travellers take out travel insurance against loss of deposits through cancellation charges, baggage loss and medical expenses.
  • 8.4. PayLater Travel makes no representations or guarantees concerning reimbursements of funds paid by you under any insurance claim.
  • 8.5. You agree not to hold PayLater Travel responsible for any decision made by insurers, and/ or by any service providers, or requirements of any overseas country or governmental authority or overseas laws and policies.

9. DISPUTE RESOLUTION

  • 9.1. In the event of any dispute under these Terms and Conditions the parties agree to negotiate in good faith to resolve the dispute.
  • 9.2. Any dispute or difference whatsoever arising out of or in connection with these Terms of Service which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia, Mediation and Conciliation Rules.

10. PASSPORTS, VISAS AND TRAVEL DOCUMENTATION

  • 10.1. You are responsible for arranging your own passport, visa and health requirements including vaccinations. Visa requirements can and do change and PayLater Travel recommends that you recheck the visa requirements for your destination prior to travel. If you are not travelling on an Australian passport, a returning resident visa may be required for re-entry into Australia. It is your responsibility to obtain this. Most countries require that your passport be valid for 6 months beyond the date of your intended stay in the country and you must ensure that your passport satisfies all requirements for travel.
  • 10.2. The name/s on your booking must be identical to valid passports and you are responsible for ensuring that this is the case when placing your booking through PayLater Travel.
  • 10.3. You should speak with your doctor regarding the vaccinations required for your travel. You should also speak with the relevant foreign embassies, as some countries require that travellers be vaccinated against specific diseases.
  • 10.4. The Australian Department of Foreign Affairs and Trade (DFAT) provides a travel advisory service and advises Australian travellers on security risks in a number of countries. Please contact DFAT to avail yourself of the travel advisories prior to departure. Please refer to this guide at: www.smartraveller.gov.au

11. THIRD-PARTY LINKS

  • 11.1. Certain content, products and services available via our Service may include materials from third-parties.
  • 11.2. Third-party links on this site may direct you to third-party websites that are not affiliated with PayLater Travel. PayLater Travel are not responsible for examining or evaluating the content or accuracy of any third-party materials.
  • 11.3. PayLater Travel do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  • 11.4. PayLater Travel are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
  • 11.5. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

12. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

  • 12.1. If, at the request of PayLater Travel, you send certain specific submissions (for example contest entries) or without a request from PayLater Travel you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that PayLater Travel may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.
  • 12.2. PayLater Travel may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, as being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • 12.3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
  • 12.4. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead PayLater Travel or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. PayLater Travel takes no responsibility and assume no liability for any comments posted by you or any third-party.

13. PERSONAL INFORMATION

  • 13.1. Your submission of personal information through our site or other contact channels such as SMS, email, voice, is governed by our Privacy Policy. To view our Privacy Policy, please navigate to www.paylatertravel.com.au/privacy
  • 13.2. You agree to provide current, complete and accurate purchase and account information for all purchases made at Paylater Travel. You agree to promptly update your account and other information, including your email address and card numbers and expiration dates, so that PayLater Travel can complete your transactions and contact you as needed.

14. ERRORS, INACCURACIES AND OMISSIONS

  • 14.1. Occasionally there may be information on the PayLater Travel site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. PayLater Travel reservse the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  • 14.2. PayLater Travel undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

15. PROHIBITED USES

  • 15.1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
    • (a) for any unlawful purpose;
    • (b) to solicit others to perform or participate in any unlawful acts;
    • (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances or local laws;
    • (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
    • (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
    • (f) to submit false or misleading information;
    • (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
    • (h) to collect or track the personal information of others;
    • (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
    • (j) for any obscene or immoral purpose; or
    • (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

PayLater Travel reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  • 16.1. PayLater Travel does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
  • 16.2. PayLater Travel does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  • 16.3. You agree that from time to time PayLater Travel may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
  • 16.4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by PayLater Travel) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  • 16.5. In no case shall PayLater Travel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

17. INDEMNIFICATION

  • 17.1. You agree to indemnify, defend and hold harmless PayLater Travel and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

18. MONIES HELD IN TRUST

  • 18.1. You agree and acknowledge that some monies may be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies.

19. SEVERABILITY

  • 19.1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

20. TERMINATION

  • 20.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  • 20.2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying PayLater Travel in writing that you no longer wish to use our Services, or when you cease using our site.
  • 20.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, PayLater Travel also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

21. ENTIRE AGREEMENT

  • 21.1. Any failure by PayLater Travel to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  • 21.2. These Terms of Service and any policies or operating rules posted by PayLater Travel on this site or in respect to the Service constitutes the entire agreement and understanding between you and PayLater Travel and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and PayLater Travel (including, but not limited to, any prior versions of the Terms of Service).
  • 21.3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to info@paylatertravel.com.au.