1. General

Play Travel is a business operated by Layaway Travel Australia Pty Limited (ABN 73 604 105 740) (we/us/our). By using http://www.playtravel.com.au (Website), you agree to the terms and conditions set out herein. The Website allows you to:

(a) search for travel products and services, such as flights, accommodation, leisure activities and other related services (each, a Travel Component and, where offered together, a Travel Package);

(b) reserve and book for Travel Components or Travel Packages (Bookings); and

(c) pay for Bookings, including through our 'PlanPay' service which allows you to pay by a series of regular instalments,

together, the Services.

2. Use of Website

In order to make a purchase through the Website, you must create an account on the Website (Account). You agree to provide accurate and complete information when creating an Account and agree to keep this information current.

By creating an Account or making a purchase through the Website, you warrant that you are over eighteen (18) years of age and that you have the legal right and ability to enter into a legally binding agreement with us.

You must keep your Account secure and must not permit any other person to use your Account. You are responsible for all activities under your Account. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of, or in any way connected to, the use of your Account by you or any other person.

3. Your obligations

You may only use the Website and the Services in accordance with these terms and conditions.

You must not:

(a) access or use the Website: (i) in any way which breaches any laws or infringes any third party's rights; (ii) in any way which interferes with other users or defames, harasses or menaces any person; (iii) for any purpose other than to use or receive the Services, including any data mining, automated querying or similar data extraction processing;

(b) reverse or cancel a payment without our prior written consent; or

(c) resell any Services, Travel Packages or Travel Components.

You are solely responsible for complying with all laws and regulations of the countries you travel to and from, or transit between, including all immigration obligations.

4. Intellectual property

All the intellectual property rights in the Website and the content of the Website are owned by us and/or our licensors.

You must not:

(a) disassemble, decompile or reverse engineer the whole or any part of the Website or software in relation to the Services;

(b) modify, copy, transmit, display, perform, publish, licence or create derivative works from any information or software accessed in relation to the Services;

(c) reproduce or distribute any content on the Website.

5. Suppliers

5.1 Relationship

We are an intermediary only. Travel Components are provided by the third party suppliers (Suppliers) to you and your contract is with the Supplier. Whilst we act as an agent of the Supplier to arrange and co-ordinate the goods and services offered by the Suppliers, we do not provide any Travel Components ourselves. The Suppliers are independent parties and are not our agents or employees. We do not recommend or endorse any particular Supplier or their Travel Components and we cannot guarantee the performance of any Supplier or any of the Travel Components provided by any Supplier. You are responsible for making your own enquiries.

5.2 Content

Each Supplier is responsible for information about, and content of any materials regarding, their Travel Components provided or made available to you, whether by the Supplier or by us on the Supplier's behalf, including on the Website. This includes information about distances, travel times, and geographic locations. We provide this information and content on behalf of each Supplier in good faith and do not warrant that it is accurate, complete or timely and cannot be liable for any errors or omissions in it.

5.3 Ratings

Quality ratings and reviews of Suppliers and Travel Components on the Website are provided independently by feefo. You can find out more information about feefo at https://feefo.com. Star ratings on the Website are also provided by other independent third parties. We are not responsible for any of these ratings or reviews, nor are they a guarantee or warranty of any kind from us.

5.4 Supplier Terms

You authorise us to make Bookings on your behalf with Suppliers. By purchasing a Travel Component or a Travel Package, you enter into a contract directly with the Supplier on terms and conditions provided by the Supplier (Supplier Terms). These Supplier Terms will be provided to you before you place the Booking. You should read all Supplier Terms carefully before placing your Booking. By placing a Booking, you are deemed to have accepted any relevant Supplier Terms.

6. Travel Components

In some cases, in addition to the Travel Components specified in a Booking, a Supplier may make additional products or services available to you or accommodate special requests such as non-smoking facilities. You are responsible for verifying the Supplier's ability to provide such additional products or services and for paying the Supplier any applicable fees.

A cash or debit/credit card security deposit may be payable directly to the Supplier and you acknowledge that we may provide your credit card details to the Supplier where this is the case. Any such deposit is in addition to the payment(s) you make to us.

If services provided by the supplier do not meet your expectations, it is your responsibility to raise this with the supplier directly during your trip. If you fail to provide the supplier with a reasonable opportunity to resolve your concerns during your trip, our ability to request a refund on your behalf after your trip will be limited or may not be possible at all.

The following terms which are specific to Travel Component also apply, where applicable.

6.1 Flights

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 will be required upon check-in.

First and last names of all travellers, as they appear on the identification, 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 the travellers' own expense.

6.2 Accommodation

You are responsible for ensuring that the total number of people travelling within your travel party is equal to the occupancy you have requested for your accommodation. We are not responsible for any additional accommodation or bedding charges you may incur and do not guarantee that any additional bedding will be available. Prices are shown based on the occupancy requested and (unless otherwise shown) exclude local taxes payable by travellers, such as resort fees. You are responsible for such fees. It is also your responsibility to ensure children’s ages comply with the hotels child policy for reduced rates. If your child’s age has been added incorrectly you will be responsible for any additional fees. . All charges not included in the price of your accommodation (such as any transfer costs and meals) must be paid by you directly to the applicable provider.

Please check the Supplier Terms for all requirements related to your accommodation. For instance, there may be notification obligations you have to comply with if you will be arriving outside of normal opening hours and there may be specific forms of identification required to be presented at check-in. Upon check in, a hotel may require you to present a passport and/or government-issued ID and/or a credit card/cash deposit to cover incidental expenses during your stay. The credit card/cash deposit is not related to payment received by us.

In the unlikely event of relocation due to a Supplier's inability to accommodate you, we may offer you with alternative accommodation or provide a full refund. You do not have to accept an offered alternative and if you do not, we will provide you with a full refund of the value of the accommodation that is unable to be provided for the Booking.

Many Suppliers require guests to pay for celebratory events on special occasions such as Christmas Eve, Christmas Day, New Year’s Eve, Chinese New Year and Valentine’s Day. Rates shown generally exclude the cost of attending these events. Please enquire directly with the Supplier if you are planning to stay over these periods.

6.3 Tours and Activities

Please check the Supplier Terms for all requirements related to your tour and/or activity. You are responsible for ensuring that the total number and ages of people travelling within your travel party is accurate. We are not responsible for any additional charges you may incur by providing incorrect information. Prices are shown based on the occupancy requested and (unless otherwise shown) exclude local costs payable by travellers. We will take all reasonable measures to ensure child restraints are available on transfers and tours. In some destinations, children under 2 occupying a seat may be charged a fee.

Where transfer services are booked 1 suitcase and 1 piece of hand luggage is allowed. If you have additional luggage it must be declared, and the supplier may charge a fee for excess luggage.

6.4 Vehicle hire

In some cases, there may be a cost for child restraints. Please check the Supplier Terms for all requirements related to your vehicle hire. For instance, you may need to obtain appropriate insurance and you must comply with the driving laws of the country in which you have hired the car. Upon vehicle pickup, you will be required to present a valid driver's license and a credit card/cash deposit to cover incidental expenses during your rental. The credit card/cash deposit is not related to payment received by us. The vehicle hire price is in the local currency of the vehicle rental location and has been converted to Australian dollars (where applicable) at the current rate of exchange. The price in Australian dollars may vary as a result of currency exchange fluctuations and, as such, can only be used as a guide.

If your credit card details are supplied to the Supplier of the vehicle to secure your booking only, you will be required to provide your credit card when collecting the vehicle.

6.5 Travel Packages

If you purchase a Travel Package, you agree:

(a) the Travel Package is comprised of individual Travel Components which are provided by independent Suppliers;

(b) we cannot disclose the component pricing of each Travel Component;

(c) if you wish to cancel or vary a Travel Component of a Travel Package, the Booking or purchase no longer constitutes a Travel Package and you will lose any savings you received by purchasing the Travel Components as a Travel Package. In such circumstances, you will be liable to pay the difference; and

(d) where a Supplier cancels a Travel Component within a Travel Package, the Supplier Terms in place at the time of the Booking will apply. If the Supplier Terms provide for a refund, we may elect to either cancel the Travel Package in whole and provide you with a refund, or substitute a substantially similar Travel Component for the cancelled Travel Component. If the Supplier Terms only provide for the substitution of substantially similar Travel Component, then that will be offered in accordance with the Supplier Terms.

7. Availability

All Travel Components on the Website are subject to availability and can be withdrawn or varied without notice. Occasionally, a Travel Component which appears available at the time you book may be unavailable when we attempt to place that Booking on your behalf with the Supplier. In this instance Play will either:

(a) cancel the Booking and provide you with a refund; or

(b) find an alternative Travel Component and will provide you with the option of either:

(i) substituting that alternative Travel Component; or

(ii) receiving a full refund for the amount of the original Travel Component.

8. Price

All prices quoted are in Australian dollars unless stated otherwise and include GST. Our system accesses rates from our Suppliers and due to the dynamic nature of rates and inventory, Prices may change while you are in the process of making a Booking. If this occurs, we will advise you of the change before the Booking is confirmed and give you the opportunity to accept the change or select another option.

We reserve the right not to honour any published prices that we determine are incorrect due to printing, clerical or electronic error after you have made a Booking. If we notify you of this, you may elect (in writing) to cancel any impacted Booking in which case cancellation fees will not apply.

You acknowledge and agree that we may receive a commission, affiliate, or marketing fee from Suppliers in relation to Bookings.

If prices applicable to a confirmed Booking increase by 2% or more for reasons outside our control (such as currency fluctuations), we reserve the right to amend the applicable instalment schedule by written notice to you and subject to subsequent acceptance by you. If you do not accept the amendment, you may elect (in writing) to cancel the impacted Booking in which case cancellation fees will not apply.

9. Bookings

9.1 Method of payment

You may pay for Bookings:

(a) by immediate payment in full with an Australian-issued credit or debit card. Credit and debit card payments are managed by a third-party service provider called Stripe - https://stripe.com/au/ssa;

(b) through Afterpay (subject to satisfying Afterpay's approval requirements including credit checks) https://www.afterpay.com/en-AU/terms-of-service, in which case you must enter into a separate agreement with Afterpay in relation to the payment; or

(c) through PlanPay, which allows you to pay for the Booking through multiple automatic payments on the terms set out in clause 10.

9.2 Acceptance

By proceeding with one of the above payment methods to pay for a Booking, you agree to:

(a) the fees and charges (including those in the Fee Schedule) set out in the Booking confirmation;

(b) the Supplier Terms applicable to each Travel Component; and

(c) us providing and receiving your identification, billing and other relevant information to or from the relevant Suppliers and any financial institution or credit card issuer. These disclosures are subject to our Privacy Policy.

9.3 Right of refusal

We reserve the right to reject Bookings for any reason, including based on previous payment and booking history with us.

10. PlanPay terms

Planpay is available on eligible bookings up to a maximum value of $12,000. A minimum weekly instalment amount of $10 applies.

10.1 Instalments

Your instalment schedule setting out the amount and date of each instalment will be provided to you prior to confirming your Booking. The first instalment will be deducted at the time of making the Booking.

Instalments can be made by an Australian-issued credit/debit card (MasterCard and Visa).

10.2 Instalment changes

You can change a scheduled instalment day of the week by logging in to your Account.

A recalculation admin fee as set out in the Fee Schedule will apply to any confirmed day of the week instalment change.

10.3 Additional instalments

You can make a top-up or pay now payment via credit or debit card at any time as often as you like by logging in to your Account.

A top-up payment will cause your remaining scheduled instalment amounts to be automatically recalculated and reduced accordingly.

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

10.4 Missed instalments

If a scheduled instalment is missed, we will recalculate your instalment schedule to ensure your final instalment date remains the same. We will notify you of the new instalment amount and deduct an administrative fee from your booking as set out in the Fee Schedule to cover our costs to re-calculate your instalment schedule.

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 automatic suspension of your Booking. A price may change if, as a result of missing multiple instalments, we are unable to secure your travel arrangements with Suppliers and need to rebook the Travel Component or Travel Package.

Your Booking will be automatically suspended pending cancellation and subject to applicable cancellation fees, if five (5) or more instalments are missed.

11. Changes and cancellations

11.1 By Supplier

In some cases, including as set out in the Supplier Terms, the Supplier may change, delay or cancel a Travel Component in your Booking (e.g. if an airline cancels a flight or changes its schedule; if a hotel overbooks or closes for renovations; if there is any error in information about or pricing of a Travel Component; or due to forces beyond their control such as governmental restrictions on travel). To the extent permitted by law, we are not liable for the consequences of such delays, changes or cancellations; and refunds in respect of affected Travel Components will only be provided in accordance with the Supplier Terms.

11.2 By you

Cancellation and change requests can be made online via your Account. Cancellations and changes can also be made over the phone or by sending an email to [email protected] however if you choose to call or email, a cancellation or change administration fee will be charged as set out in the Fee Schedule. In any event, a member of our customer service team may contact you via telephone to discuss your request.

Requests for changes will be considered subject to the change request reason, availability and any Supplier Terms. If a change is approved, you will be charged:

(a) any change fees charged by the Supplier;

(b) any resulting price difference for the changed Travel Component (if applicable); and

(c) our change administration fee as set out in the Fee Schedule.

You can cancel a Booking at any time before it has been paid for in full. Cancellation fees will apply as set out below. If a Travel Component has been paid for in full, cancellation and refund options for each Travel Component will in accordance with the Supplier Terms.

11.3 Cancellation and change fees

We reserve the right to charge cancellation and change administration fees which are set out in the cancellation schedule provided to you at the time of making your Booking and can also be found by logging on to your Account. Suppliers may also charge cancellation and change fees and these are can also be found by logging on to your Account under cancellation policy. If you paid by Planpay cancellation administration fees will never exceed the total payments made by you in respect of a Booking.

11.4 Refunds

Where refunds are due from a Supplier, we will provide the refund to you promptly after receiving it from the Supplier.

12. Travel Insurance

We strongly recommend that all travellers take out comprehensive travel insurance at the time of making a Booking. You are solely responsible for any costs you may incur as a result of unforeseen events after you make a Booking. Travel insurance can mitigate these risks.

You can arrange your own travel insurance, or you can purchase it through Go Insurance. Coronavirus has changed travel for everyone and even though you might be ready to hit the road (or sky) when it comes to travel insurance, it’s more important than ever to know exactly what you are and aren’t covered for before you go. Some countries now require proof of travel insurance cover including cover for COVID-19 upon entry. We may receive a commission from any sales of travel insurance by Go Insurance. Any travellers with pre-existing medical conditions will be required to contact the insurer directly. We give no representations or guarantees concerning any insurance policies. You agree not to hold us responsible for any decisions made by any insurers and/or Suppliers, or requirements of any overseas country or governmental authority or overseas laws and policies.

13. Travel requirements

13.1 Passports

Each traveller requires a valid passport for international travel. Most countries require passports to be valid for 6 months beyond the date of your intended stay. You are responsible for checking this period for each country you will visit and confirming your passport meets these requirements.

13.2 Entrance requirements

Most countries have conditions on entry. For instance, some countries will not allow travellers to enter: without a visa; without meeting certain health criteria such as vaccinations; or without proof of a return ticket. If you have booked a one-way ticket please ensure you have checked with the embassy or consulate of the country you are travelling to in order to ensure that you comply with their laws and regulations. These conditions of entry can and do change, and we recommend that you recheck and confirm that you satisfy all requirements for your destination prior to travel. Make sure you allow sufficient processing time.

Airline staff and/or immigration authorities will not allow you to pass through customs and board your flight without a valid visa. Visas are usually obtained from the issuing authority in Australia such as an embassy or consulate.

13.3 Travel advice

DFAT provides a travel advisory service through www.smartraveller.gov.au and advises Australian travellers on security risks in a number of countries. Please check with DFAT prior to departure.

13.4 Other

Please note that Government legislation prohibits the carriage of dangerous goods on aircraft. To view what these are and what is permissible to carry please go to https://www.casa.gov.au/aircraft/cabin-safety .

14. 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.

15. Promo Codes

Unless otherwise specified, any promotional code (Promo Code) we offer:

(a) is only valid for new Bookings which are made during the particular promotion period;

(b) is only applicable to the specified Travel Components and not a Travel Package generally (unless otherwise specified);

(c) is only valid while stocks last and may be withdrawn at any time;

(d) is not valid in conjunction with any other Promo Code; and

(e) will expire on the date specified or after any specified criteria are met.

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. We reserve the right to decline Bookings where, in our opinion, a Promo Code is invalid, has been improperly used, or is a result of a technical error. If a Booking has been created using a Promo Code and is then cancelled for any reason, the Promo Code cannot be refunded or re-used. Promo Codes cannot be applied retrospectively to Bookings that have already been made.

16. Privacy Policy

As a user of the Website and any associated service or facility, you agree and consent to us collecting, using and disclosing to third parties your 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. Our Privacy Policy also sets out how you may access and correct your personal information we hold and our complaints procedures. Please click here to review our current Privacy Policy to understand our practices.

17. Liability

17.1 Consumer Law

Certain legislation including the Australian Consumer Law in the Consumer and Competition Act 2010 (Cth) (ACL), and similar consumer protection laws and regulations may confer on you rights, warranties, guarantees and remedies relating to the provision of the Services by us to you, which cannot be excluded, restricted or modified. If you are a consumer as defined in the ACL, we guarantee that the Services we supply to you:

(a) will be rendered with due care and skill;

(b) will be fit for the purpose that we specify or that you have told us you are acquiring them for or will achieve a result that you have told us you wish them to achieve, unless we advise you that the purpose is not achievable; and

(c) will be supplied within a reasonable time if there is no agreed date.

Otherwise, we exclude all representations, warranties or guarantees in relation to the Travel Components, Travel Package or a Supplier, including as to the availability, continuity, reliability, accuracy, currency or security of the Website or its content.

17.2 Limitation of Liability

To the extent permitted by law:

(a) where our liability for any breach of any warranty or guarantee cannot be excluded, but may be limited, we limit our liability to the maximum extent permitted under the applicable law including the ACL;

(b) unless we are obliged to compensate you for consequential loss under the ACL, we exclude all liability for direct, indirect, consequential or incidental loss or damage;

(c) we exclude all liability incurred as a result of your failure to comply with these terms and conditions or any Supplier Terms;

(d) we are not responsible or liable for the provision of any Travel Component, or the acts, errors, omissions, representations, warranties, breaches or negligence of any Suppliers, including any personal injury, death, property damage, or other damages or expenses. If any Travel Component does not meet your expectations, you should bring it up with the Supplier as soon as possible. If you do not give the Supplier a reasonable opportunity to resolve the complaint at the time, it may not be possible to process any request by you for a refund; and

(e) we are not responsible for any technical errors, corruption of data or unauthorised access to your personal information, or failure of the Website where that failure is due to circumstances beyond our control.

Where the provision of the Services depends on you taking any action (including making a payment, providing us with information or responding to our queries), we have no liability for a failure or delay to the extent that that failure or delay is due to your delay in responding, or your provision of incomplete or incorrect information.

18. Reviews

If you submit any reviews about us and/or our Services by any means including by emailing them to us or posting them on our Website or any other sites operated by us, you grant us permission to reproduce, use and distribute your reviews in any manner and in any media including to promote us and our Services. You also agree that we may use and publish your full name and suburb or city in which you live to indicate that you are the author of your review.

19. General

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

We may amend these terms and conditions at any time. The amended terms and conditions will apply as and from the time of posting them on the Website. Bookings will be subject the terms and conditions applicable at the time the Booking is made.

You must not novate or assign any of your rights under these terms and conditions to a third party.

These terms constitute the entire agreement between the parties in relation to their subject matter.

20. Questions

For questions and notices, please contact us at:

LayAway Travel Australia Pty Ltd trading as Play Travel

ABN: 73604105740 2 John Street, Waterloo NSW 2017 AUSTRALIA

Email: [email protected]

Phone: 1800 780 880

Phone Outside Australia: +61 2 9133 2622

Fee Schedule

This fee schedule sets out the fees payable to us in respect of a change to or cancellation of a Booking. These fees are in addition to any fees imposed by a Supplier and these are set out in the Cancellation Policy at the time of booking.

Change Administration Fees

We charge the following change administration fees:

Travel Component

Hotels

Holidays

Tours & Cruises

Flight (domestic)

Flight (international)

Fee

$10 per booking

$30 per booking

$30 per booking

$55 per booking

$55 per booking

Cancellation Administration Fees

We charge the following cancellation administration fees:

Travel Component

Hotels or Activities

Holidays, Cruises & Tours (domestic & international)

Holidays with Flights (domestic & international)

Fee

$15 per booking

$55 per booking

$110 per booking

These fees are in addition to any fees imposed by a Supplier and these are set out in the Cancellation Policy at the time of booking

Planpay Fees

We charge the following fees for missed or changed instalments:

Fee

Missed Payment Admin Fee (on missed instalment payments)

Recalculation Admin Fee (a change made to instalment day of the week)

Amount

$7 per booking

$2 per booking