Terms & Conditions

General 
LayAway Travel is a lay-by travel booking service offered by Layaway Travel Pty Ltd. LayAway 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 (LayAway Travel Package). You choose whether the automated recurring instalments occur weekly, fortnightly or monthly. The final balance payment is required two (2) months before departure for Holiday Packages and three (3) months before departure for Cruise Packages (unless otherwise specified). Payments can be made by direct debit, credit/debit card (MasterCard and Visa). You can cancel the lay-by booking at any time before you depart, however, cancellation fees will apply.

By using http://www.layawaytravel.com.au (the LayAway Travel Website), you agree to the terms and conditions set out herein. Layaway Travel 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. LayAway Travel is not responsible for the travel products and services provided by the third party suppliers.

Use of LayAway Travel Website & eligible customers
By purchasing through the LayAway Travel 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 LayAway Travel Website or to create an account on the LayAway Travel Website.

To use the LayAway Travel service, you must create an account on the LayAway Travel 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.

LayAway Travel in its absolute discretion reserves the right to decline to accept a LayAway Travel Account, or cancel a LayAway Travel Package booking if LayAway Travel determines that any of the following applies:

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

Flights
First and last names of all passengers, as they appear on valid government-issued documents, must be provided correctly at the time of booking. Name changes are not permitted, after ticketing and travel will be refused by the airline if names are incorrect. Any costs incurred for new flight tickets will be at passenger’s own expense.

For domestic flights, valid government-issued identification is required upon check-in. For international flights, a valid passport with a minimum of 6 months validity is required upon check-in. Date changes for flight bookings are permitted however change or cancel fees will apply.

You will be given 24 hours’ notice before flight ticketing. Once ticketed, flights are non-refundable.

Hotels
You must pay for any additional accommodation products or services in relation to your travel that is not incorporated in your LayAway 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. LayAway Travel is not responsible for any additional accommodation or bedding charges you may incur.

Date changes for accommodation bookings are permitted however change or cancel fees may apply.

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

Date changes for Cruise bookings are permitted however change or cancel fees may apply.

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 LayAway Travel subsequently attempts to place that booking with the relevant supplier. In this instance LayAway Travel will find a similar alternative product and will provide you with 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 LayAway Travel 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, LayAway Travel reserves the right to amend the applicable payment plan by written notice to you and subsequent acceptance by you. You may elect (in writing) to discontinue the booking & payment plan 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 payment plan in which case cancellation fees will be waived.

Automated recurring instalment payments
The first payment instalment for your LayAway Travel Package must be made within seven days (7) of booking. It will be deducted on the date selected at time of booking, and the final payment will be scheduled two (2) months before departure unless otherwise specified.

Automatic payments will occur weekly, fortnightly or monthly 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 before a scheduled payment. As payments are automated, changes requested on the day of a scheduled payment may not be possible.

Credit card payments are managed through Stripe by LayAway Travel.

Split Payments are responsible for handling all Direct Debit customer payments on behalf of LayAway Travel.
Split Payments Direct Debit Requests Service Agreement.
Split Payents Direct Debit Requests.

Declined First instalment policy
If the first instalment for your Layaway Travel Package declines, you will receive notification to make a top-up payment within 48 hours. Failure to make a top-up payment within 48 hours will result in automatic cancellation of your Layaway Travel Package.

Declined Payments Policy
We will communicate in advance every time a payment is approaching or due via, SMS and through your LayAway Travel Account.

If an instalment payment declines, a $7 administration fee will apply to your next instalment, and your remaining instalments will be re-calculated to include the missed payment. The administration fee will be capped at $35 per booking and is a fee for recalculating instalments and rescheduling the payment plan.

If you miss consecutive instalments, we will contact you to make sure everything is ok.

If you miss more than five (5) instalments in total (doesn’t have to be consecutively), your account will be suspended and your holiday may be cancelled.

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

Cancellation Policy
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. Cancellation refunds take up to ten (10) working days to process.

LayAway Travel has a non-refundable period 90 days before departure. If you need to cancel inside of these 90 days and we have paid for a travel service in full on your behalf, we can review supplying this paid service on a case by case basis.

1) Holiday Cancellation Fees (excluding Cruise)
The following cancellation fees will apply if you cancel a LayAway Travel Package (see below):

a) An administrative fee of $200 per adult and $100 per child will apply. In addition to this, the below will apply if cancellation is within 12 months of departure.

b) 100% of any flight, hotel and tour deposits, bookings fees and payments made on your behalf to third party suppliers to the extent such deposits, booking fees and payments are not refundable by the third party supplier. You will be given 24 hours’ notice before flight ticketing. Once ticketed, flights are non-refundable.

c) Total cancellation costs will not exceed payments made.

2) Cruise Cancellation Fees
The following cancellation fees will apply if you cancel a LayAway Travel Cruise (see below):

a) P&O Cruises:
A $150 per adult / $75 per child cancellation fee plus 100% of supplier fees as follows:

180 - 76 Days prior to departure

Loss of deposit up to $250 per person

75 - 31 Days prior to departure

50% of the total fare

30 - 0 Days prior to departure

100% of the total fare

a) Royal Caribbean Cruises and all other cruise lines:
A $200 per adult / $100 per child cancellation fee plus 100% of supplier deposits. From 90 days prior to departure the follwonig fees will also apply:

90 - 61 Days prior to departure

25% of the total fare per passenger

60 - 41 Days prior to departure

50% of the total fare per passenger

40 - 25 Days prior to departure

75% of the total fare per passenger

24 - 0 Days prior to departure

100% of the total fare per passenger

Comprehensive Travel Insurance
You have the option of arranging your comprehensive travel insurance. We strongly recommend that all travellers take out comprehensive travel insurance. Travel insurance can be purchased at a discounted price through Sure Save, please visit: https://www.suresave.com.au  and select your preferred coverage plan and make payment. Any customers with pre-existing medical conditions will be required to contact the insurer directly. LayAway Travel makes no representations or guarantees concerning reimbursements of funds paid by you under any insurance claim. You agree not to hold LayAway Travel responsible for any decision made by insurers, and by any service providers, or requirements of any overseas country or governmental authority or foreign laws and policies.

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

You are responsible for arranging your passport, visa and health requirements, including vaccinations. Most countries require that passports are valid for six (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 before travel.

DFAT provides a travel advisory service and advises Australian travellers on security risks in many countries. Please contact DFAT to avail yourself of the travel advisories before departure. Please refer to this guide at  www.smartraveller.gov.au.

Your travel documents will be provided to you via email at least two (2) weeks before 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 decided 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 use a Promo Code, you must enter it into the appropriate field before 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. LayAway Travel 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 used 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 LayAway Travel Website and any associated service or facility, you agree and consent to LayAway Travel using and disclosing to third parties your contact and personal information (i.e. your name, e-mail and physical or postal address and other contact details) as set out in our Privacy Policy. Please visit www.layawaytravel.com.au/privacy-policy.html 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: 1300 266 286
Phone Outside Australia: +61 2 9698 2602

Updated 12 Feb 2019