Terms and Conditions

General 
Play is a lay-by travel booking service offered by Layaway Travel Australia Pty Limited (ABN 73 604 105 740) (“Play”). Play allows you to enter into lay-by agreements, whereby you make multiple payments in scheduled instalments to book flights, accommodation, leisure activities and other travel services and products (Play Travel Package). You choose whether the automated recurring instalments occur weekly or fortnightly. The final payment for all components of your Play Travel Package is scheduled for approximately thirty (30) days prior to departure (your instalment schedule will be specified prior to confirming your booking). Instalments can be made by an Australian-issued credit/debit card (MasterCard, Visa and American Express). You can cancel the lay-by booking at any time prior to the final payment for all components of your Play Travel Package, but cancellation fees will apply. No refunds are payable after that final instalment is paid (subject to any rights you have under Australian consumer law as set out below).

By using http://www.pickpayplay.com (the Play Website), you agree to the terms and conditions set out herein. Play acts as your agent in making travel arrangements with third party suppliers who provide travel products and services. In addition to these terms and conditions, you will also be subject to the terms and conditions of any third party suppliers. Play is not responsible for the travel products and services provided by the third party suppliers.

Where there are multiple segments of your Play Travel Package (eg flight, hotel) and/or where a deposit is to be paid for your travel, each segment and deposit (each a travel component) will comprise a separate lay-by agreement. Once the instalments for a travel component have been paid by you, the purchase and sale for that travel component will occur. The timing of instalment payments for each travel component is shown in the instalment schedule which you can review by logging into My Account.

Use of Play Website & eligible customers
By establishing this lay-by arrangement to make a purchase through the Play Website, you warrant that you are over eighteen (18) and that you have the legal right and ability to enter into a legally binding agreement with us. No persons under the age of eighteen (18) are permitted to use the Play Website or to create an account on the Play Website.

In order to use the Play service, you must create an account on the Play Website. When creating an account, you must provide personal information including your first and last name, contact number, address and a valid email address. You agree to provide accurate and complete information and to keep this information current. Your information is stored securely, and will only be used and disclosed in accordance with our Privacy Policy.

You permit Play to cross-check the details you provide when creating a Play Website account with the Afterpay customer database. Play, in its absolute discretion, reserves the right to decline to accept a Play Account, or cancel a Play Travel Package booking, if Play determines that any of the following applies:

  • you currently have (or previously have had) overdue payments owing to Afterpay; or
  • you have entered into a hardship arrangement with Afterpay.
If a Play Travel Package booking is cancelled by Play in such circumstances, the initial instalment will be refunded to you and no cancellation fees will apply.


Flights

For domestic flights, valid government issued identification is required upon check-in. For international flights, a valid passport with a minimum 6 months validity will be required upon check-in. For international flights, first and last names of all passengers, as they appear on passports, must be provided correctly at the time of booking. Name changes are not permitted and travel will be refused by the airline if names are incorrect. Any costs incurred for new flight tickets will be at passengers own expense.

Date changes for flight bookings are not permitted.

Hotels
You must pay for any additional accommodation products or services in relation to your travel that are not incorporated in your Play Travel Package. These may include (but are not limited to) resort fees and taxes, and special event surcharges. A cash or debit/credit card security deposit is payable directly to the hotel at the time of check in.

You are responsible for ensuring that the total number of people travelling within your travel party can be accommodated within the rooms you have booked. Play is not responsible for any additional accommodation or bedding charges you may incur.

Date changes for accommodation bookings are not permitted

Tours
You are required to pay for any additional activities that may be available during your travel but which are not incorporated within your Play Travel Package. These may include (but are not limited to) tours and any associated fees, taxes and surcharges.

Date changes for tour bookings are not permitted.

Availability
Please note that from time to time a product or service that may appear available at the time you are booking may be unavailable when Play subsequently attempts to place that booking with the relevant supplier. In this instance Play will find a similar alternative product and will provide you the option of either: (a) booking that similar alternative product; or (b) receiving a full refund for the amount of the original product or service. All products and services that are provided on the Play Website are subject to availability. At times, circumstances beyond our control may mean we have to change a component of your booking, (e.g. if an airline cancels flights or changes its schedule; or if a hotel overbooks or closes for renovations).

Price
All prices quoted are in Australian dollars unless stated otherwise. All prices are subject to availability and can be withdrawn or varied without notice. Prices are typically promoted on a ‘per person’ price based on twin share travel unless stated otherwise.

Price changes may occur by reasons outside of our control such as: adverse currency fluctuations, fuel surcharges, taxes, charges or levies imposed by governments or their agencies.

If prices applicable to a confirmed booking increase by 10% or more for reasons outside our control, Play reserves the right to amend the applicable instalment schedule by written notice to you and subject to subsequent acceptance by you. You may elect (in writing) to discontinue the booking & instalment schedule in which case cancellation fees will not apply.

We reserve the right not to honour any published prices that we determine were incorrect due to printing, clerical or electronic error. You may elect (in writing) to discontinue any impacted booking and instalment schedule in which case cancellation fees will not apply.

Automated recurring instalments payments
The first instalment for your Play Travel Package will be deducted at the time of booking and the final instalment will be scheduled approximately thirty (30) days prior to departure (your instalment schedule will be specified prior to confirming your booking).

Automatic payments will occur weekly or fortnightly on a due date (or next business day, if the date falls during a weekend or on a public holiday).

Changes to the frequency of the recurring instalment must be made at least 48 hours prior to a scheduled payment. As payments are automated, changes requested on the day of a scheduled payment may not be possible.

Credit and debit card payments are managed through Stripe by Play.

Top Up Payment
You can use top up payments to make a catch-up or in-advance instalment payment to your lay-by arrangement via credit or debit card. You can make as many top up instalment payments as you wish during the course of your lay-by. Any top up instalment payment will cause your scheduled instalment amounts to be automatically recalculated and reduced accordingly. Top up instalment payments will not change your scheduled instalment or purchase dates. To make a top up payment log in to My Account.

Cancellation Policy
You can cancel your Play holiday at any time, but please note that cancellation fees will apply other than to the extent covered by our Pre-trip Cancellation Insurance (see below). The timing of such fees will be shown to you prior to confirming your booking.

After the instalment payments for a lay-by agreement for a travel component are complete, the sale for that travel component (eg flights, hotel or a deposit) is final and refund on cancellation is not available for that component unless the payments for that component are refundable to us by the third party supplier.

Purchases made on the Play Website are subject to the specific cancellation fees and terms set out, and agreed to by you, at time of purchase for the Play Travel Package you have chosen. To review the cancellation fees applicable to your travel package please log into My Account.

All cancellation requests must be made in writing to [email protected]. Cancellation requests cannot be accepted over the phone or via live chat. As payments are automated we require a minimum of 48 hours’ notice. We may contact you via telephone to discuss your cancellation of the lay-by arrangement and to confirm any travel components of your Play Travel Package that may be available to you.

Cancellation Fees
The following cancellation fees will apply if you cancel a Play Travel Package at any time other than to the extent covered by our Pre-trip Cancellation Insurance (see below):
a) A cancellation fee of $55 for each booking; and
b) 100% of any deposits, bookings fees and/or payments made on your behalf to third party suppliers to the extent such deposits, booking fees and/or payments are not refundable by the third party supplier.

Note, total cancellation costs will not exceed the instalments already paid to Play.

Please log into My Account to view detailed cancellation fees applicable to your booking.

Cancellation by Play
Play reserves the right to cancel a Play Travel Package or lay-by arrangement if: (i) the customer materially breaches these terms and conditions; (ii) the services or products are no longer available due to circumstances beyond our control, or (iii) Play is no longer in business. All amounts already paid by the customer will be refunded in such event except if the customer is in material breach. If the Play Travel Package is cancelled because the customer is in material breach of these terms and conditions, the cancellation fees set out above will apply.

Missed Instalment Policy

If a scheduled instalment is missed, you will be charged an administrative fee of $7.00 to cover our costs to re-calculate your instalment schedule. Administrative fees for missed instalments are capped at a maximum of five (5) $7 charges (a total of $35.00) over the duration of the lay-by arrangement.

If an instalment is missed, you will be notified of your recalculated instalment schedule. If an instalment is missed, the amount of future instalments will be increased to account for the missed instalment and to ensure the final instalment date remains the same.

If three (3) or more instalments are missed, a catch-up instalment schedule will need to be arranged with our customer service team to avoid auto-cancellation. Our consultants are trained to assist in helping you manage your lay-by holiday, including arranging for instalments to be made.

If you are experiencing financial hardship, please contact us on 1800 780 880 to discuss available options.

Complimentary Pre-Trip Cancellation Insurance
Play provides complimentary cancellation insurance (Pre-trip Cancellation Insurance) in respect of all Play Travel Packages and includes the passengers named at time of booking. Pre-trip Cancellation Insurance covers all instalments made in relation to the booking up and until the date of cancellation.

Pre-trip Cancellation Insurance applies to passengers (named at the time when booking was made) who need to cancel a Play Travel Package for the following reasons only:

  • Illnesss or disease (contracted or manifested between the time of booking and the time of travel) to passengers which requires immediate treatment by a Doctor and renders the passenger unfit to travel during the time of travel;
  • Accidental injury (see details in the policy document) to the passenger of a kind and severity that renders the passenger unfit to travel during the time of travel;
  • The Australian Department of Foreign Affairs and Trade (DFAT) issues a “Do Not Travel” warning for your intended destination between the time of booking and the time of travel;
  • A relative or business partner unexpectedly passes away or suffers an accidental injury (see policy document) or becomes sick with an illness, that is certified by a Doctor as being life-threatening prior to the trip;
  • The passenger is required for jury duty or subpoenaed to attend court in Australia during the time of travel;
  • The passengers home becomes uninhabitable following fire, storm, or flood and requires the passenger to remain at home during the time of travel; or
  • The passenger who is in the Australian armed services or emergency services has their leave revoked for the time of travel.

Pre-trip Cancellation Insurance does not apply to passengers who need to cancel a Play Travel Package for any other reasons including the following:

  • You change your mind;
  • You expected or anticipated leave arrangements at work are changed or cancelled for any reason;
  • You encounter financial hardship, including loss of, or change in, employment;
  • You are charged additional expenses (not included in your Play Travel Package) which you cannot afford; or
  • Other exclusions which are provided in the policy document for the Pre-trip Cancellation Insurance.

Travel Insurance
You have the option of arranging your own comprehensive travel insurance. We strongly recommend that all travellers take out comprehensive travel insurance. Travel insurance can be purchased through Chubb - please visit: https://www.chubbtravelinsurance.com.au/play and select your preferred coverage plan and make payment. Note that Play may receive a commission from any sales of travel insurance by Chubb. Any customers with pre-existing medical conditions will be required to contact the insurer directly. Play makes no representations or guarantees concerning reimbursements of funds paid by you under any insurance claim. You agree not to hold Play 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..

Passports, visas and travel documentation
The name/s on your booking must correspond exactly with valid passports and you are responsible for ensuring that this is the case at the time that you place a booking through Play.

You are responsible for arranging your own passport, visa and health requirements, including vaccinations. Most countries require that passports be valid for 6 months beyond the date of your intended stay in the country and you must ensure that your passport is still current for travel.

Visa requirements can and do change, and we recommend that you recheck the visa requirements for your destination prior to travel.

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.

Your travel documents will be provided to you via email at least 2 weeks prior to travel, provided that the full and final balance is made.

Dispute resolution

In the event of any dispute under these terms and conditions, the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these terms and conditions which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, the rules of the Resolution Institute.

Promo Codes
A Promotional Code (Promo Code) is valid for new bookings for the duration of the particular promotion. Promo Codes can only be applied at the time of check out. To apply a Promo Code, you must enter it into the appropriate field prior to completing the order or the discount amount will not be applied to a booking. Promo Codes are not transferable or redeemable for cash or credit. In most cases, Promo Codes will apply to specific products or packages and will not apply to any other products or packages. Play reserves the right to decline to accept bookings where, in its opinion, a Promo Code is invalid, has been improperly used for a booking, or is a result of a technical error. Promo Codes are only valid in respect of specific products or packages while stocks last and may be withdrawn at any time. Only one Promo Code can be used per booking. Promo Codes are not valid in conjunction with any other promotion. If a booking has been created using a Promo Code and is then cancelled, the Promo Code cannot be refunded or re-used. Promo Codes apply to the total booking value, not per passenger. Promo Codes cannot be applied retrospectively to bookings that have already been made. The Promo Code will expire on the date specified, or after the number of bookings specified in the specific terms relating to the Promo Code have been exhausted. You cannot use the Promo Code after this date. Use of any Promo Code is deemed acceptance of these Terms and Conditions.

Privacy Policy
As a user of the Play Website and any associated service or facility, you agree and consent to Play using and disclosing to third parties your contact and personal information (i.e. your name, e-mail and physical or postal address and/or other contact details) as set out in our Privacy Policy. Please click here to review our current Privacy Policy to understand our practices.

Consumer law, limitation of liability
Australian Consumer Law (ACL): Certain legislation including the ACL in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer on you rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these terms and conditions.

Services: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time.

Delay: Where the provision of Services depends on you providing us with information or responding to our queries, we have no liability for a failure or delay in providing or performing the Services, to the extent that that failure or delay is due to your delay in responding, or your provision of incomplete or incorrect information.

Referral: On request by you, we may provide you with contact details of third party suppliers and specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.

These terms and conditions are governed by the laws of New South Wales, Australia.

For questions and notices, please contact us at:

LayAway Travel Australia Pty Ltd

ABN: 73604105740
2 John Street
Waterloo
NSW 2017
AUSTRALIA

Email: [email protected]

Phone: 1800 780 880

Phone Outside Australia: +61 2 9930 5590

Updated 27 February 2019