By completing and executing an agreement or by using the service, you agree to be bound by the terms and conditions set out below (the “Terms”).
1. Definitions
The Travel Agent means the company Big Planet Adventures Pty Ltd and its associated entities and brands, or other travel entity to whom Payments are payable and which are processed using TravelPay.
Card means the credit, debit or other account nominated or used by you to make a Payment to The Travel Agent.
Cardholder means the owner or signatory of the Card nominated or used by you to make a Payment to The Travel Agent.
Customer (you) means a person who has an agreement to make Payments to The Travel Agent, or an entity with whom The Travel Agent acts, for travel services. For the purposes of this agreement, it also includes any person who makes Payments via the TravelPay 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.
Customer Registration Form (or CRF) means an agreement between you and us for you to utilise TravelPay. For the purposes of this agreement, it also includes any electronic or paper form or payment page you or your The Travel Agent has used to make a Payment.
Payments in relation to a Customer, means the amounts a Customer pays to The 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 means the program developed by Zenpay Pty Ltd ABN 63 056 881 942 for the processing of Payments.
2. Contract
a) These Terms apply from the date upon which a Payment is processed using TravelPay.
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 to which Payments are applied and any agreement regulating the use by you of the Card used to make Payments.
3. Your Card
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 use the Card used to process Payments and written authority from the Cardholder if that is not you.
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) In order to use the TravelPay service, you must be over 18 years of age and be the owner of, or acting with the authorisation of, the Cardholder.
d) 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 the payment of finance, debt related or illegal activities. You are not permitted to use the service for Payments related to adult services, pornography, foreign exchange, share purchases, gambling, investments, mortgage payments, illegal drugs, political donations, wages, payments to the Customer 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.
e) You are solely responsible for the provision and confirmation of correct Payment details including, but not limited to, your details, amount and Payment reference. TravelPay will not be liable for any Payments made in accordance with details you have provided or selected.
4. Payment Procedures
a) You are deemed to have provided unconditional authorisation for the Card to be debited or charged with Payments when: the date for Payment passes if you have nominated an automatic or future-dated Payment; you initiate Payment at an electronic or online Payment terminal operated by TravelPay or The Travel Agent; your The Travel Agent initiates a Payment; you reply to an SMS and/or email Payment service provided by TravelPay; and/or a Payment is initiated via the TravelPay website/portal or support centre.
b) TravelPay will not be liable for any fraudulent use of the Card or any of the Payment methods described in paragraph 4(a).
c) Regardless of when TravelPay processes a Payment in accordance with these Terms, the Payment will not be 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 will not be obliged to process a Payment authorised under paragraph 4(a) after normal banking transaction times or on a day trading banks are not open for business until the next day upon which trading banks or card schemes are open for business.
d) 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.
e) 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.
f) 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.
5. Cancellation or Stopping Payments
a) 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, accordingly, 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.
b) TravelPay can terminate or limit the Payment arrangements contained in these Terms at any time without providing you any notice.
c) 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.
d) Refunds will be processed back to the credit card used in the originating transaction.
e) You agree not to request any bank or card issuer to stop, withdraw, dispute or refund any amount processed using your Card. You indemnify TravelPay from any direct or subsequent loss, including administration and recovery costs, as a result of you not following these Terms.
6. Privacy
a) TravelPay will collect, use and store your personal information in accordance with TravelPay’s Privacy Policy (as varied from time to time). Full particulars of this Policy can be viewed on the TravelPay website www.TravelPay.com.au.
b) Without limiting the operation of the TravelPay Privacy Policy, you expressly authorise TravelPay to disclose your personal or Payment information to The Travel Agent and any other person nominated by The Travel Agent or to any bank, card issuer, payment processor, rewards or loyalty program, or service provider used by TravelPay to operate TravelPay.
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.
7. Variations and Amendments
a) TravelPay may vary, delete or add (a “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.
