Terms and Conditions

TERMS AND CONDITIONS

General 
Regular instalments are to be made weekly, fortnightly or monthly as chosen by you at the time of booking your layby holiday. Layby periods range between 3 months to 22 months with final balance required 2 months prior to departure for all holiday packages and 3 months prior to departure for all cruise packages.

Payment methods are credit card (Mastercard, Visa) or direct debit. If payment details need to be changed, please contact our Customer Service Team between 9.00am and 5.00pm Monday to Friday.

Services
By purchasing a LayAway Travel Package through laywaytravel.com.au or via a LayAway Travel consultant, 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.

All services provided are subject to availability. At times circumstances beyond our control may mean we have to revise a component of your booking, (eg: if an airline cancels or changes its schedule; or if a hotel overbooks or closes for renovations).

Choice of airline cannot be guaranteed however LayAway Travel will select the best possible and available airline for your trip utilising a selection criteria of: carrier that provides services for the route(s) selected; least possible stop-overs; reputation of the airline; and cost allowance for that route within the package pricing.

You are responsible for ensuring total number of people travelling within your travel party / booking can be accommodated within the rooms you have selected. LayAway Travel will not be responsible for any additional charges for accommodation or bedding you may incur.

Your travel documents will be provided to you via email and/or mail at least 4 weeks prior to travel, provided full and final balance is made.

Price
All prices quoted are in Australian dollars. Quoted prices are subject to change prior to your first payment being received. Price changes may occur by reasons outside of our control such as; adverse currency fluctuations, fuel surcharges, taxes, charges or levies imposed by any government or their agencies.

If foreign currency rates were to fluctuate beyond reasonable levels, LayAway Travel reserves the right to amend Payment Plan pricing via written notification to you and subsequent acceptance by you. You may elect (in writing) to discontinue the booking & payment plan in which case cancellation fees may apply.

You are required to pay for any additional products or services in relation to your travel that are not incorporated within your LayAway Travel Package. These may include (but are not limited to) Resort Fees & Taxes, Special Event surcharges, if applicable, which in most circumstances are payable directly to the hotel at the time of checking in.

Prices 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.

Prices may change due to unforeseen or special events; or pricing changes made by our third party suppliers. In this circumstance we will advise you immediately and you may elect (in writing) to discontinue the Contract & Payment Plan. No cancellation fee will apply.

Payments
Once you have placed your booking, an initial payment of the first instalment is required with following payments occurring at the time intervals you have selected. Automatic payments will occur on the day (or next business day if the date is a public holiday). For all cruise bookings, a deposit payment of $50 per person is required at time of booking with first instalment required at the time intervals you have selected.

If you wish to skip a payment please let us know at least 48 hours prior to the scheduled payment. As payments are automated we may not be able to cancel or stop a payment on the day they are due.

Debit Success are responsible for handling all Direct Debit customer payments on behalf of LayAway Travel. Credit card payments are managed through PayPal by LayAway Travel.

Changes to your Layby Package
Any changes or amendments made to your booking will incur a change fee of $55 per change, per booking plus 100% of any applicable supplier fees. All change requests must be made in writing to enquiries@layawaytravel.com.au.

Cancellation Policy
All cancellation requests must be made in writing to enquiries@layawaytravel.com.au. Cancellation requests cannot be accepted over the phone or via live chat. As payments are automated we require a minimum of 48 hours’ notice. All deposits and instalment payments will be refunded minus the cancellation fee. There will be no cancellation fee if you cancel your booking before payments have commenced. Once a holiday or cruise package has been fully paid, it is non-refundable and non-transferable.

Holiday Cancellation Fees
(a) All holiday bookings cancelled 2 - 24 months prior to departure are subject to a $200 per person cancellation fee plus 100% of any deposits, bookings fees and/or payments we may have made on your behalf to third party suppliers.
(b) Cancellations 60 days or less prior to departure will result in 100% cancellation fees. 

Cruise Cancellation Fees
Where a cruise package has not been fully paid, a $200 per person cancellation fee and the following supplier fees will apply:

a) For Royal Caribbean Cruises the supplier will charge a $100 cancellation fee plus:

90 - 61 Days prior to departure 25% of the total fare per passenger plus deposit
60 - 41 Days prior to departure 50% of the total fare per passenger plus deposit
60 - 41 Days prior to departure 75% of the total fare per passenger plus deposit
24 - 0 Days prior to departure 100% of the total fare per passenger plus deposit

b) For P&O Cruises the supplier will charge:

180 - 43 Days prior to departure 25% of the total fare plus deposit
42 - 15 Days prior to departure 50% of the total fare plus deposit
14 - 0 Days prior to departure 100% of the total fare plus deposit

Availability
Please note that from time to time a product that you are booking may be unavailable when LayAway Travel go to place that booking with the relevant supplier. In this instance LayAway Travel will find a similar alternate product and will provide you the option of either (a) receiving that similar product, or (b) receiving a full refund.

Changes to Payment Plans
You can make changes to your payment plan by contacting us at enquiries@layawaytravel.com.au or on 1300 266 286. Changes to payment plans must be made at least 2 days prior to a scheduled payment. Changes requested on the day of a scheduled payment may not be possible.

Failed Payments
Please contact us on 1300 266 286 if you miss a scheduled instalment due date. 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 the overdue monies owing may inhibit LayAway Travel from booking, paying and ticketing travel arrangements according to the third party supplier agreement, which may result in the loss of the booking or a price increase.

Missed or declined payments policy
a) 2 - 8 months prior to departure
Weekly Payments - 2 weekly payments overdue at any one time, must be paid within 2 weeks of original due date
Fortnightly Payments - 1 fortnightly payment overdue at any one time, must be paid within 2 weeks of original due date.
Monthly Payments - A missed monthly payment must be paid within 2 weeks of original due date.

b) 9 - 12 months prior to departure
Weekly Payments - 4 weekly payments overdue at any one time, must be paid within 4 weeks of original due date
Fortnightly Payments - 2 fortnightly payment overdue at any one time, must be paid within 4 weeks of original due date
Monthly Payments - 1 monthly payment overdue at any one time, must be paid within 4 weeks of original due date

c)13 - 24 months prior to departure
Weekly Payments - 4 weekly payments overdue at any one time, must be paid within 4 weeks of original due date
Fortnightly Payments - 2 fortnightly payment overdue at any one time, must be paid within 4 weeks of original due date
Monthly Payments - 1 monthly payment overdue at any one time, must be paid within 4 weeks of original due date
Alternatively a $35 fee will apply to have the payments recalculated over the duration of the layby.

Dishonour Fee
You will charged a dishonour fee of $10.00 to cover charges incurred from a missed Direct Debit or Credit Card payment. Please note that your financial institution may also charge you a dishonour fee.

Disclaimer
LayAway Travel reserves the right to not honour an booking if there is a pricing error or it is believed an incorrect total was achieved by way of technical glitch, and will notify the customer accordingly. LayAway 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.

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. You also have the option of arranging your own travel insurance. Any customers with pre-existing medical conditions will be required to contact the insurer directly. We strongly recommend that all travellers take out travel insurance against loss of deposits through cancellation charges, baggage loss and medical expenses. We 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/ or by any service providers, or requirements of any overseas country or governmental authority or overseas laws and policies.

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 Institute of Arbitrators & Mediators Australia, Mediation and Conciliation Rules.

Passports, Visas and Travel Documentation
You are responsible for arranging your own passport, visa and health requirements including vaccinations. Visa requirements can and do change and we recommend 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 is still current for travel.

The name/s on your booking must be identical to valid passports and you are responsible for ensuring that this is the case at the time that you place an booking through LayAway Travel. 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.

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.

USE OF WEBSITE
Terms of Use govern your use of our Site and form a contract between you and us if you use the Site. Please read the Use of Website terms here carefully. Please contact us if you have any questions, at enquiries@layawaytravel.com.au . Your use of the Site indicates that you have had sufficient opportunity to access the Terms and that you have read and accepted the Terms.

PRIVACY POLICY
As a user of this 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/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
ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms.

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. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.

Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to provide or perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.

Referral: On request by you, we may provide you with contact details of third party 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.

For questions and notices, please contact us at:
LayAway Travel Australia Pty Ltd
ABN: 73604105740
2 John Street
Waterloo
NSW 2017
AUSTRALIA
Email: enquiries@layawaytravel.com.au
Phone:    02 9698 2602