1. Definitions and Interpretation

1.1 In this Agreement, the following terms have the defined meanings below:

Agreement means these terms and conditions governing our relationship with you and the provision of the PLT Services.

Bankrupt means you have experienced a Bankruptcy Event.

Bankruptcy Event means:

(a) you have been served with a bankruptcy notice issued under the Insolvency Act.

(b) you have been adjudicated bankrupt under the Insolvency Act.

CCCFA means the Credit Contracts and Consumer Finance Act 2003 (NZ).

Checkout means the time at which you pay the Deposit and the Travel Product is secured.

Cooling Off Period means, to the extent such period is offered by the Travel Provider, the period immediately after Checkout during which Travel Products can be cancelled without any relevant fees.

Commencement Date means the date you pay the Deposit.

Comments means specific submissions, creative ideas, suggestions, proposals, plans or other materials, whether online, by email, post, or otherwise, made by you to us.

Companies Act means the Companies Act 1993 (NZ).

Consumer Guarantees Act means the Consumer Guarantees Act 1993 (NZ).

Consumer Rights means any rights and/or statutory guarantees pursuant to the Consumer Guarantees Act, the Fair Trading Act, and any other relevant consumer protection legislation.

Customer means the customer engaging the PLT Services.

Deferral Part Payment means a part-payment towards the Travel Product Price that we may reasonably require you to make as a condition of approving a Payment Deferral Request. A Deferral Part Payment is not an additional fee, late payment fee, default fee, finance charge, credit fee or interest charge, and will be credited against the Travel Product Price.

Deposit means the initial payment of the Travel Product Price made by you to us at Checkout, which allows us to secure the Travel Product Price during the “Lay-by” Period, subject to this Agreement, the quantum of which will be agreed between us prior to Checkout, but will be at least 5% of the Travel Product Price.

Fair Trading Act means the Fair Trading Act 1986 (NZ).

Insolvency Act means the Insolvency Act 2006 (NZ).

Insolvent means, in respect of a Travel Provider:

(a) a Travel Provider is in liquidation, provisional liquidation, administration, wound up, declared bankrupt, or had a receiver appointed to its property;

(b) a Travel Provider is subject to any arrangement (including a deed of company arrangement) assignment, moratorium, compromise or composition, protected from creditors under any statute, or dissolved;

(c) an application or order has been made, resolution passed, proposal put forward or any other action taken, in each case in connection with that Travel Provider, which is preparatory to, or could result in, any of the things described in the above paragraphs (not including the commencement of ordinary legal proceedings);

(d) a Travel Provider has failed to comply with a statutory demand issued under section 289 of the Companies Act;

(e) execution issued against a Travel Provider in respect of a judgment debt has been returned unsatisfied in whole or in part (as described in section 287(b) of the Companies Act); or

(f) any other analogous process in relation to the preceding paragraphs (a)-(e).

Intellectual Property Rights means all existing and future rights throughout New Zealand, Australia and elsewhere in the world conferred by statute, common law, equity, or any corresponding law in relation to any copyright, designs, moral rights, patents, trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registerable.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with this Agreement.

“Lay-by” Period means the period during which you can make payment of the Travel Product Price, and such period will expire no later than two (2) weeks prior to the commencement date of the Travel Product.

Liability means all costs (including any tax), charges, claims, losses, damages, expenses, penalties, and liabilities of any kind (including legal costs incurred in defending any proceeding or appearing before any court, tribunal, government agency, or some other body).

Mobile Message Service means the Pay Later Travel mobile message service operated by us.

Missed Payment means a payment under the Payment Schedule that is not received by us on or before the date on which it is scheduled to be paid, including because your Nominated Payment Option is declined, dishonoured, cancelled, suspended, revoked, expired, has insufficient funds, or is otherwise unavailable.

Nominated Payment Option means a payment arrangement in which a valid debit or credit card is provided by you to us from which you authorise us or our nominated third-party payment provider (subject to prospective revocation by you at any time at your entire discretion) to debit instalments at the amounts and on the dates specified in accordance with the Payment Schedule or Revised Payment Schedule, provided that if you revoke that authority and you wish us to continue securing the Travel Product Price, you must provide an alternative payment method accepted by us before the next Scheduled Payment Date.

Parties means the Customer and Pay Later Travel.

Pay Later Travel means Sky Pay Group Pty Ltd (ACN 621 979 431), a company incorporated in Australia, trading as Pay Later Travel.

Payment Deferral Request means a written request by you to defer an upcoming payment under the Payment Schedule in accordance with clause 5.4(k).

Payment Schedule means an arrangement between you and us (analogous to lay-by purchases of goods) in which you set out a schedule of regular part payments of the Travel Product Price, such that the Travel Product Price is paid by the end of the “Lay-by” Period. Your compliance with the Payment Schedule is a condition of us continuing to secure the Travel Product Price for you during the “Lay-by” Period. However, the Payment Schedule does not create any obligation for you to pay the unpaid balance of the Travel Product Price if the Travel Product is cancelled or this Agreement is terminated in accordance with this Agreement.

PLT Cancellation Fee means our cancellation fee that is 10% of the value of the Travel Product Price, and capped at not more than NZ$150 per passenger, determined in accordance with our internal calculation of our reasonable costs of cancellation, administration, securing the Travel Product Price and dealing with Travel Provider cancellation processes.

PLT Materials means all Intellectual Property Rights which are owned by or licenced by Pay Later Travel and any improvements, modifications, or enhancements of such Intellectual Property Rights.

PLT Platform means the website and technology operated by Pay Later Travel including the information and tools.

PLT Services has the meaning set out in clause 5.1.

Product Listings has the meaning set out in clause 2.9.

Revised Payment Schedule means the Payment Schedule as varied with our express written consent in accordance with this Agreement.

Scheduled Payment Date means each date on which a payment is scheduled to be paid under the Payment Schedule or Revised Payment Schedule.

Third Party Links has the meaning set out in clause 8.1.

Travel Product Price means the total amount payable by you for the Travel Product and the PLT Services including the amount charged by the Travel Provider (including any applicable taxes, fees, charges, but excluding any optional extras or third party cancellation fees unless expressly stated otherwise) and the Deposit.

Travel Product means any travel-related service or combination of services offered for sale to you, including but not limited to airline tickets, hotel accommodations, car rentals, cruises, tour packages and any other ancillary services associated with travel, including all products and services necessary to facilitate your travel experience.

Travel Provider means any entity that supplies travel-related services, including, but not limited to airlines, hotels, accommodation providers, tour operators, car rental companies, cruise lines and other businesses offering transportation, lodging, or experiences related to travel, and is responsible for fulfilling the travel-related services purchased by you.

Website means the website located at https://www.paylatertravel.com/en-nz owned and operated by Pay Later Travel.

1.2 In this Agreement, the following rules of interpretation apply, unless the contrary intention appears or context otherwise requires:

(a) the terms “we”, “us”, and “our” refers to Pay Later Travel and the terms “you” and “your” refer to the Customer;

(b) headings and subheadings are for convenience only and do not affect the interpretation of this Agreement;

(d) no provision of this Agreement will be construed adversely to a party because that party was responsible for the preparation of that provision or this Agreement;

(e) a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;

(f) where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;

(g) a reference to an amount of dollars, New Zealand dollars, NZD, or $, is a reference to the lawful currency of New Zealand, unless the amount is specifically denominated in another currency;

(h) a reference to Law includes common law, equity, and legislation, including regulations and rules, any constitutional provision, treaty, or decree, or any judgment, and is a reference to that Law as amended, consolidated, re-enacted, replaced or applied to new or different facts;

(i) any failure by a party to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision; and

(j) in the event any provision of this Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.

2. Terms of engagement

Terms of Service

2.1 This Agreement addresses the terms on which we provide PLT Services to you.

2.2 By accessing the Website and booking a Travel Product you agree to be bound by this Agreement.

2.3 We will provide access to information, tools, and services on the Website, as well as phone and email communication conditional upon your acceptance of this Agreement. In order to access the Website and book a Travel Product, you hereby represent and warrant that:

(a) you are at least 18 years of age; and

(b) you have the legal right and ability to enter into a legally binding relationship with us;

(d) you are not a citizen of Cuba, Iran, Syria, or North Korea; and

(e) you do not intend to travel to a destination subject to a “Do not travel” advisory published on the New Zealand Government SafeTravel website (www.safetravel.govt.nz), as amended from time to time.

2.4 No persons under the age of 18 are permitted to use the Website or engage the PLT Services.

2.5 If you provide us with a Nominated Payment Option, you warrant that you are authorised to do so.

2.6 We maintain the right to refuse a request by you to use the PLT Services in our sole discretion, acting reasonably.

2.6A Without limiting clause 2.6, we may, acting reasonably, refuse, restrict or suspend your future access to the PLT Services where you have previously had a Travel Product cancelled due to Missed Payments, failed to complete payment of a Travel Product, repeatedly cancelled Travel Products, engaged in suspected fraud or misuse of the PLT Services, breached this Agreement, or engaged in abusive, threatening or harassing behaviour. We will not exercise this right for any unlawful discriminatory reason.

2.7 We will not perform credit checks on you as a precondition to your use of the PLT Services.

2.8 We make no representation that Travel Product Prices are identical to prices on individual airline sites that may exist from time to time.

The Website

2.9 The search function on our Website retrieves general information about flight paths and pricings made publicly available from various airline ticketing providers. Our systems use this general information to provide a suggested Payment Schedule that you can review in respect of the relevant Travel Products (Product Listings).

2.10 Whilst we strive to ensure our system regularly updates, collects and publishes accurate and up to date information for each Product Listing, we cannot and do not warrant that all information published on the Website will be current, accurate, complete and/or free of system glitches.

2.11 Where we become aware of any error, omission or system malfunction, we reserve the right to correct that error or omission and notify you immediately. If you are directly affected by a system malfunction we will notify you within 5 days of Checkout.

2.12 All Product Listings are subject to revisions in line with any changes in price, time, dates, flight path or other associated ticketing details that a Travel Provider makes from time to time.

2.13 Quotes are subject to change prior to your Deposit being paid.

3. Amendment of Terms and Conditions

3.1 We may amend the terms and conditions of this Agreement from time to time, and amendments to this Agreement will take effect immediately from the date and time they are published on the Website. We will give you notice of any amendment that materially affects your rights or obligations under this Agreement by email or by prominent notice on the Website.

3.2 In the event that any amendment to this Agreement causes a material detriment to you, you will be permitted to terminate this Agreement and cancel your Travel Product and receive a full refund of all amounts paid by you (including the Deposit), without being subject to the PLT Cancellation Fee or any other cancellation fees set out in clause 6.

4. Representations and warranties

4.1 Each Party represents and warrants to the other Party that during the Term:

(a) it is not acting in the capacity as trustee or similar role on acting on behalf of others;

(b) it has the power to enter into and perform this Agreement, and to comply with its obligations under it;

(d) it has in full force and effect the authorisations necessary for it to enter into this Agreement, to comply with its obligations, and exercise its rights under them and to allow them to be enforced;

(e) it is authorised to provide any information required in connection with this Agreement;

(f) it has received, or waived the right to receive, independent legal advice regarding the subject matter of this Agreement before entering into this Agreement; and

(g) this Agreement and the performance by it of its obligations under it do not contravene its constitution or any Law by which it is bound, or cause a default under any agreement by which it is bound.

4.2 Additional representations and warranties from you:

(a) you have read and understood the terms of this Agreement;

(b) you are not Bankrupt;

(c) you will not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Pay Later Travel as to the origin of any Comments or representations made by you. You are solely responsible for any Comments or representations you make and their accuracy;

(d) you will not reproduce, duplicate, copy, sell, resell, or exploit any written material, visual material, or code on the Website, including this Agreement, without express written permission from Pay Later Travel;

(e) we will not be responsible or liable for any issue with the PLT Services or booking of your Travel Product arising from your error or omissions including incorrect passenger names, ages, passport numbers, or other similar information, and that you acknowledge that we provide the PLT Services in line with the details you provide us;

(f) any charges arising by reason of an error or omission on your behalf will be borne by you, including but not limited to errors in relation to the number of travellers, or the ages and names of the travellers;

(g) you will not use the Website or its content, or the PLT Services:

i. for any unlawful purpose;

ii. to solicit others to perform or participate in any unlawful acts;

iii. to violate any applicable Laws;

iv. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

v. to submit false or misleading information;

vi. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the PLT Services or of any related website, other websites, or the Internet;

vii. to collect or track the personal information of others; or

viii. to interfere with or circumvent the security features of the PLT Services or any related website, other websites, or the Internet.

4.3 We reserve the right to terminate your use of the PLT Services and your access to the Website if you breach any of the warranties set out in clauses 4.1 and 4.2 above.

5. Provision of PLT Services

5.1 PLT Services

(a) We provide the full suite of travel agent services to assist you with organising, planning, paying for, and amending your chosen Travel Product (subject to the terms in this Agreement), including (but not limited to) a service analogous to lay-by purchases of goods through which you can reserve, and pay in instalments, Travel Products (PLT Services).

(b) We provide the PLT Services to you in our own right, offering you the ability to secure the price of a Travel Product for the “Lay-by” Period, subject to payment of the Deposit by you to us at Checkout and your compliance with the Payment Schedule or Revised Payment Schedule.

(c) The Deposit must be paid at Checkout, in full and up-front, and forms the first instalment of the Travel Product Price. If the Travel Product is cancelled or this Agreement is terminated, the Deposit may be refunded in full or in part, or retained by us, in accordance with this Agreement (including clause 6) and your Consumer Rights.

(d) During the “Lay-by” Period:

i. we will reserve your selected Travel Product, but no tickets will be issued to you, unless and until payment of the Travel Product Price is made in full;

ii. if you wish us to continue securing the Travel Product Price, you must make payments towards the Travel Product Price to us during the “Lay-by” Period in accordance with the Payment Schedule or Revised Payment Schedule, or in any other manner approved by us in writing, provided that you do so during the “Lay-by” Period; and

iii. you may elect not to proceed with purchasing the Travel Product at any time subject to the cancellation procedure in clause 6, and you will not be liable for the unpaid balance of the Travel Product Price if the Travel Product is cancelled in accordance with this Agreement.

(e) You will only acquire an enforceable right to redeem or use the Travel Product upon the full payment of the Travel Product Price.

(f) For the avoidance of doubt, your compliance with the Payment Schedule or Revised Payment Schedule is a condition of us continuing to secure the Travel Product Price for you during the “Lay-by” Period. However, if the Travel Product is cancelled or this Agreement is terminated in accordance with this Agreement, you will not be liable for any unpaid instalments, future instalments or the unpaid balance of the Travel Product Price, and our rights will be limited to the rights expressly set out in this Agreement.

(g) You acknowledge that we receive commission from time to time from Travel Providers.

(h) If an error is made in your Travel Product by reason of an error or omission made by us, any charged incurred in correcting that error will be borne at our expense.

5.2 Your right to the Travel Product

(a) On the Commencement Date, we will hold the Travel Product on your behalf, subject to your compliance with the Payment Schedule or Revised Payment Schedule, but you will not have any right or entitlement to redeem the Travel Product unless the Travel Product Price is paid prior to the expiry of the “Lay-by” Period.

(b) Once the Travel Product Price is paid, provided the “Lay-by” Period has not expired, you will acquire all rights and entitlement to use the Travel Product, and we will transfer control of the Travel Product to you.

(c) You acknowledge and agree that your entitlement to the Travel Product only arises once payment of the Travel Product Price is complete.

5.3 Payment of Travel Product Price

(a) By using the PLT Services, at Checkout, you will provide us with a Nominated Payment Option and you will provide unconditional and irrevocable consent and direction for us to pay the Travel Provider on your behalf.

(b) In accordance with clause 5.1(d) above, at Checkout we will provide you with a Payment Schedule that you can select, to the extent that you can choose:

i. the length of the “Lay-by” Period (up to a maximum of 6 months, and ending no later than two weeks prior to the commencement date of the Travel Product);

ii. whether payments are to be made under the Payment Schedule weekly or fortnightly, and

iii. when you would like your Payment Schedule to commence.

For the avoidance of doubt, once confirmed at Checkout, your Payment Schedule forms part of this Agreement and your compliance with it is a condition of us continuing to secure the Travel Product Price during the “Lay-by” Period. However, if the Travel Product is cancelled or this Agreement is terminated in accordance with this Agreement, you will not be liable for any unpaid instalments, future instalments or the unpaid balance of the Travel Product Price.

5.4 General payment terms

(a) No interest, late payment fees, default fees, finance charges, credit fees, fees, or charges, accrue or are payable on any amount outstanding of the Travel Product Price during the “Lay-by” Period, other than amounts expressly payable under clause 6 if the Travel Product is cancelled.

For the avoidance of doubt, any Deferral Part Payment is a part-payment towards the Travel Product Price and is not an additional fee, charge or cost.

(b) If you wish us to continue securing the Travel Product Price for you during the “Lay-by” Period, you must make payments in accordance with the Payment Schedule or Revised Payment Schedule. If the Travel Product is cancelled or this Agreement is terminated in accordance with this Agreement, you will not be liable for unpaid instalments, future instalments or the unpaid balance of the Travel Product Price.

(c) We will not pressure you, force you, or exert any duress or undue influence over you, in an attempt to make you pay the Travel Product Price or to pay the unpaid balance of the Travel Product Price after the Travel Product has been cancelled or this Agreement has been terminated in accordance with this Agreement.

(d) You acknowledge and agree that your entitlement to the Travel Product only arises once payment of the Travel Product Price is complete.

(e) If there are any changes to your Nominated Payment Option, you undertake to promptly update your payment information so that we can complete your transaction.

(f) You agree to allow us (or our nominated third-party payment provider) to deduct funds and take direct debit instalments from your Nominated Payment Option in accordance with the Payment Schedule or Revised Payment Schedule, subject to prospective revocation by you at any time at your entire discretion, provided that if you revoke that authority and you wish us to continue securing the Travel Product Price, you must provide an alternative payment method accepted by us before the next Scheduled Payment Date.

(g) If funds are unable to be deducted from your Nominated Payment Option then you acknowledge that we (or our nominated third party payment provider) will continue to attempt to deduct those funds until the payment has been effected or your booking is cancelled, whichever comes earlier. A payment that is not received by the relevant Scheduled Payment Date will be a Missed Payment unless we have approved a Payment Deferral Request in writing before that date.

(h) We will, to the best of our ability, endeavour to contact you should payments be missed, by email, phone, or SMS.

(i) We will not charge you any interest, late payment fee, default fee, finance charge or credit fee for late payment of an instalment, although we accept no fault or Liability if your financial institution charges you a dishonour fee in the event of a failed payment;

(j) You are responsible for ensuring there are sufficient funds available in your Nominated Payment Option, and where a scheduled payment has failed, you acknowledge that clause 5.4(g) applies.

(k) If you wish to defer an upcoming payment under the Payment Schedule, the following applies:

You must submit a Payment Deferral Request to us in writing no less than 5 days before the relevant Scheduled Payment Date. A Payment Deferral Request is not effective unless and until we approve it in writing.
We may approve or refuse a Payment Deferral Request, acting reasonably, and our consent will not be unreasonably withheld or delayed.
As a condition of approving a Payment Deferral Request, we may reasonably require you to make a Deferral Part Payment, towards the Travel Product Price. A Deferral Part Payment is not an additional fee, late payment fee, default fee, finance charge, credit fee or interest charge. It will be credited against the Travel Product Price and will not increase the total amount payable by you to acquire the Travel Product. A Deferral Part Payment will not exceed a reasonable portion of the Scheduled Payment that is proposed to be deferred. If we reasonably require a Deferral Part Payment, the Payment Deferral Request will not be approved, and any Revised Payment Schedule will not take effect, unless and until the Deferral Part Payment is received by us.
You may only make one Payment Deferral Request between each consecutive Scheduled Payment Date, unless we agree otherwise in writing. A Scheduled Payment Date may only be deferred once, unless we agree otherwise in writing.
We may reasonably refuse a Payment Deferral Request where, for example, the requested deferral would or may prevent the Travel Product Price from being paid in full before the end of the “Lay-by” Period, extend the “Lay-by” Period beyond two weeks before the commencement date of the Travel Product, conflict with Travel Provider deadlines or fare conditions, cause the Travel Product to become unavailable or repriced, where the Deferral Part Payment condition has not been complied with, or where you have two or more Missed Payments that have not been remedied.
If we approve a Payment Deferral Request, we will confirm the Revised Payment Schedule in writing. Unless and until we do so, the existing Payment Schedule remains in effect.

(l) We warrant that any payments made from your Nominated Payment Option will be encrypted.

(m) If you have two or more Missed Payments, whether consecutive or cumulative, you will be taken to have elected to cancel the Travel Product and you will be taken to have elected to terminate the PLT Services in accordance with clauses 6 and 16.

(n) If you cancel the Travel Product because you have two or more Missed Payments, you will not be liable for any unpaid instalments, future instalments or the unpaid balance of the Travel Product Price. Our rights will be limited to those contained in this Agreement.

5.5 Travel Provider Risks

At Checkout, you acknowledge that:

(a) you bear the risk of the Travel Provider becoming Insolvent, cancelling, changing, overbooking, delaying, or dishonouring your Travel Product;

(b) subject to clause 6.3, we will have no liability in relation to the occurrence of an event in (a) above; and

(c) any legal rights you have arising from a deficiency in the Travel Product are against the Travel Provider and not against us, except to the extent such deficiency is caused by our negligence or breach of this Agreement in the course of our provision of the PLT Services.

5.6 In the event of a dispute between you and the Travel Provider, we will use our best endeavours to provide you with reasonable assistance.

5.7 Cancellation, Missed Payments and Non-Payment of Travel Product Price

(a) You may elect not to complete the purchase of a Travel Product at any time during the “Lay-by” Period, subject to clause 6, by:

i. notifying us by email, post, or telephone; or

ii. not paying the Travel Product Price prior to the expiry of the “Lay-by” Period.

iii. having two or more Missed Payments, whether consecutive or cumulative, in which case we may treat you as having elected not to proceed with the Travel Product and that you have elected to cancel the Travel Product.

(b) In the event you elect not to complete the purchase of your Travel Product, or we treat you as having elected not to proceed under clause 5.7(a)(iii), we will not be entitled to damages or any other remedy apart from the Deposit, the PLT Cancellation Fee, and any airline fee charged by the Travel Provider or any other non-recoverable third-party charge expressly permitted under clause 6. You will not be liable for any unpaid instalments, future instalments or the unpaid balance of the Travel Product Price.

6. Cancellation of Travel Product

6.1 Refund process

(a) If you elect (or are deemed to have elected) to not proceed with completion of the purchase of the Travel Product during the “Lay-by” Period, then you agree that the following will apply:

(i) if you cancel your Travel Product during the Cooling Off Period, then, subject at all times to this term of this Agreement, you will receive a full refund of any amounts paid including the Deposit.

(ii) if you cancel your Travel Product after the Cooling Off Period, then the Deposit is not refundable as our right to it accrued unconditionally when we secured your Travel Product;

(iii) you will forfeit any and all rights to the Travel Product;

(iv) we will refund you any amounts paid towards the Travel Product Price less the following amounts, to the extent they represent our reasonable costs or non-recoverable third-party charges:

A. the Deposit;

B. the PLT Cancellation Fee; and

C. any airline cancellation fee or other cancellation fee, amendment fee, fare difference, non-refundable amount or third-party charge as imposed by the Travel Provider, subject to the Travel Product being refundable; and

D. any amount paid to a Travel Provider or third party that we are unable to recover after taking reasonable steps, provided that the amount was disclosed to you before Checkout or arises under the Travel Provider’s terms and conditions.

(v) we will not charge the PLT Cancellation Fee if you cancel the Travel Product due to a breach of this Agreement by us.

(vi) if you have elected to cancel because you have two or more Missed Payments, you will not be liable for any unpaid instalments, future instalments or the unpaid balance of the Travel Product Price.

6.2 You acknowledge and agree that:

(a) The PLT Cancellation Fee is payable per customer occupying a seat on the Travel Product (excluding infants who sit on a parent or guardian’s lap);

(b) In the event you purchase a Travel Product identified as non-refundable on our Website or before Checkout, you will not be eligible for a refund to the extent amounts paid by you have been paid to, or retained by, the Travel Provider and are not recoverable by us, subject to your Consumer Rights;

(c) Subject to clause 6.3, we will only be liable to provide you a refund to the extent that we receive a refund from the relevant Travel Provider or have not otherwise properly applied the relevant amount towards our reasonable costs or non-recoverable third-party charges in accordance with this Agreement, subject to your Consumer Rights; and

(d) We reserve the right, acting reasonably, to review, restrict, suspend or refuse your eligibility for future access to PLT Services, particularly in cases of repeated cancellations, repeated Missed Payments, previous cancellation of a Travel Product due to Missed Payments, suspected fraud, misuse of the PLT Services, abusive or threatening behaviour, or breach of this Agreement.

6.3 Travel Provider cancellation

(a) If a Travel Provider cancels your Travel Product, they may offer travel credit with the Travel Provider in accordance with their terms and conditions. While we do not control these commercial terms, we will provide reasonable assistance to convert your Travel Product into such credits that can be redeemed with the Travel Provider upon full and final payment. Any credit must be used by the same passenger, with the same Travel Provider, as the original Travel Product.

(b) If the cancellation occurs during the “Lay-by” Period, you may instead elect a refund of all amounts paid by you (including the Deposit), and we will not charge the PLT Cancellation Fee. We may deduct only amounts already paid by us to the Travel Provider for your Travel Product that we are unable to recover after taking reasonable steps, and if we later recover any such amount we will pay it to you. If you do not elect a credit under clause 6.3(a) within 14 days of us notifying you of the cancellation, you will be taken to have elected a refund.

6.4. Once you have lodged a cancellation request with us, we will process and refund your Nominated Payment Option within 4-10 weeks, with 75% of cases being actioned within 6 weeks, providing all Customer payment details are accurate and correct.

7. Amending Travel Product

7.1. If you want to change your Travel Product during the “Lay-by” Period, you may contact us to request the change, and we will not charge any fees for changing a Travel Product.

7.2. We will use reasonable endeavours to assist in facilitating the change, however the change may not always be possible and will be subject to the Travel Provider’s terms and conditions, including any applicable fees charged by the Travel Provider. In the event the Travel Provider charges fees to amend your Travel Product, those fees will be passed on to you, and you agree that you will be liable for payment of those fees.

7.3 In the event that we are able to facilitate a change to your Travel Product, it may be necessary for your Payment Schedule to be changed to ensure the Travel Product Price is paid in full before the end of the “Lay-by” Period, and we will notify you of our suggestions about your Payment Schedule this at the time of making the change. Any change to the Payment Schedule must be confirmed by us in writing and will then be a Revised Payment Schedule.

7.4 You acknowledge that we are not responsible for any revisions the Travel Provider may make to your Travel Product. All bookings are subject to supplier availability and should a Travel Provider make changes to your booking, which can occur at any time, we will make reasonable attempts to advise you of your options.

8. Third Party Links

8.1. Certain content, products, and services available on our Website and through the PLT Services may include materials from third-parties (Third Party Links).

8.2. Third Party Links on the Website may direct you to websites that are not affiliated with Pay Later Travel. We are not responsible for examining or evaluating the content or accuracy of any Third Party Links or materials.

8.3. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

8.4. We will not be liable for any harm or damages suffered by you related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third Party Links. Please review Third Party Links carefully and make sure you understand them before you engage in any transaction.

8.5 Complaints claims, concerns, or questions regarding Third Party Links or products should be directed to the third-party.

9. Intellectual Property

9.1. We own all Intellectual Property Rights in the PLT Materials.

9.2. Nothing in this Agreement constitutes a transfer or assignment of any Intellectual Property Rights in the PLT Materials.

10. Indemnity

10.1. Customer Indemnity

(a) You agree to indemnity, defend, and hold harmless us, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, and employees against any loss, damage, liabilities, taxes, charges, legal claims and expenses (including reasonable legal fees) arising out of:

i. any breach of this Agreement by you;

ii. any fraud, misconduct, negligence, or violation of any Law by you;

iii. a breach of any third party rights by you;

iv. any claim brought by a third party due to or arising out of your breach of this Agreement, or your violation of any Law or rights of a third party; or

v. any use of the PLT Services that is not in accordance with this Agreement by you.

(b) The indemnity at clause 10.1(a) above does not extend to any loss, damage, liability, tax, charge, legal claim, and expense (including reasonable legal fees) caused by our fraud, wilful misconduct, knowing breach of this Agreement, or negligence.

10.2 PLT Indemnity

(a) We agree to indemnify, defend, and hold harmless you against any loss, damage, liabilities, taxes, charges, legal claims and expenses (including reasonable legal fees) arising out of any fraud, wilful misconduct, negligence, or violation of any Law directly attributable to us.

(b) The indemnity at clause 10.2(a) above does not extend to any loss, damage, liability, tax, charge, legal claim and expense (including reasonable legal fees) caused by your fraud, misconduct, mistake, knowing breach of this Agreement, or negligence.

11. Mobile Terms of Service

11.1. Your use of the Mobile Message Service constitutes your acceptance of this clause 11.

11.2. You have the right to terminate or opt out of the Mobile Message Service at any time by texting the single keyword command STOP to us, or by clicking the relevant “unsubscribe” link received from us. In the event you terminate or opt out of the Mobile Message Service, you will receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Pay Later Travel mobile message programs and wish to cancel, except where applicable Law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in those respective mobile terms.

11.3. We may modify or cancel the Mobile Message Service or any of its features without notice. To the extent permitted by applicable Law, we may also modify this clause 11 at any time and your continued use of the Mobile Message Service following the effective date of any such changes shall constitute your acceptance of such changes.

11.4. By signing up to the Mobile Message Service, you agree to receive recurring SMS/text messages from and on behalf of us through your wireless provider to the mobile number you provide, even if your mobile number is registered on any applicable do not call register or list. SMS/Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

11.5. We do not charge for the Mobile Message Service, but you are responsible for all charges and fees associated with SMS/text messaging imposed by your wireless provider. Message frequency varies and message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages.

11.6. For Service support or assistance, text HELP to us or email support@paylatertravel.com.

11.7. We may change any short code or telephone number we use to operate the Mobile Message Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

11.8. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

11.9. To the extent permitted by applicable Law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Message Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

11.10. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

12. Confidentiality and use of Personal Information

12.1. Each Party (Recipient) must ensure that it (and if relevant, its representatives, parents, subsidiaries, affiliates, partners, directors, and licensors) keep confidential, and not use or permit any unauthorised use of, confidential information provided by the other Party.

12.2. We warrant that your submission of personal information through the Website or by way of SMS, email, voice, or telephone, will be governed by our Privacy Policy and handled in accordance with the Privacy Act 2020 (NZ).

12.3. We will only use your personal information to make payments with our nominated third party payment provider, administer the Payment Schedule or Revised Payment Schedule, assess and respond to Payment Deferral Requests, contact you about Missed Payments, or to secure your Travel Product with the Travel Provider.

12.4. Clauses 12.1-12.3 do not apply where:

(a) the information is in the public domain as at the date of this Agreement (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on the Recipient;

(b) the Recipient is required to disclose the information by Law, provided that the Recipient as (to the extent practicable having regard to those obligations and the required timing of the disclosure) consulted with the provider of the confidential information as to the form and content of the disclosure;

(d) in the case of Pay Later Travel, the disclosure is made to our officers, employees, and professional advisers to the extent necessary to enable us to properly perform our obligations under this Agreement, in which case we will ensure that such persons maintain the confidentiality of the information;

(e) the disclosure is required for use in legal proceedings regarding this Agreement; or

(f) the Party to whom the confidential information relates has consented in writing before the disclosure.

12.5. This clause 12 will survive the termination of this Agreement.

13. No Credit Provided

13.1 Despite any other term contained or implied in this Agreement (including any term which is expressed generally to have effect despite any other term) nothing in this Agreement will be construed as securing or purporting to secure in favour of us the payment of any amount or the performance of any obligation by you under or in connection with any credit contract to which the CCCFA (or any other credit legislation) applies.

13.2 The PLT Services are provided as a conditional reservation and price-hold service analogous to lay-by purchases of goods. They are not provided as a loan, credit contract, finance facility or buy now pay later arrangement.

13.3 Your compliance with the Payment Schedule or Revised Payment Schedule is a condition of us continuing to secure the Travel Product Price for you during the “Lay-by” Period. It does not create any obligation for you to pay the unpaid balance of the Travel Product Price if the Travel Product is cancelled or this Agreement is terminated in accordance with this Agreement.

13.4 We will not charge you interest, late payment fees, default fees, finance charges or credit fees.

13.5 If the Travel Product is cancelled or this Agreement is terminated in accordance with this Agreement, we will not commence debt recovery proceedings against you for unpaid instalments, future instalments or the unpaid balance of the Travel Product Price.

14. Your Consumer Rights

14.1. Nothing in this Agreement is intended to exclude, restrict, or modify any of your Consumer Rights, or intended to exclude any non-excludable guarantees under the Consumer Guarantees Act, including the guarantees that the PLT Services will be carried out with reasonable care and skill and will be reasonably fit for purpose.

14.2. Nothing in this Agreement is intended to limit our liability or impose a Liability on you in a manner that would be considered an unfair contract term under the Fair Trading Act.

15. Comments

15.1. If you publish Comments, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to maintain any Comments in confidence, pay compensation for any Comments, or respond to any Comments.

15.2. We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, as being unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.

15.3. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the PLT Service or any related website.

15.4. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

16. Termination

16.1. This Agreement is effective unless and until it expires or is terminated by either you or us.

16.2. You may terminate this Agreement at any time by notifying us in writing that you no longer wish to use the PLT Services, subject to the cancellation and refund process in clause 6 if the Travel Product Price has not been paid in full.

16.2A. You will be taken to have elected to terminate this Agreement, if you have two or more Missed Payments, whether consecutive or cumulative.

16.3. Any obligations and Liabilities of the Parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

16.4. We will be permitted to terminate this Agreement and cancel the Travel Product if, in our sole judgment (acting reasonably):

(a) you fail, or we suspect you have failed, to comply with any material term or provision of this Agreement, and such breach is able to be remedied, and you have failed to remedy such breach within 14 days of receipt of a notice;

(b) you fail, or we suspect you have failed, to comply with any material term or provision of this Agreement, and such breach is unable to be remedied;

(d) you revoke, cancel or suspend your Nominated Payment Option and do not provide an alternative payment method accepted by us before the next Scheduled Payment Date;

(e) we are no longer engaged in trade or commerce; or

(f) the Travel Product is not available due to circumstances outside our control (not merely because we decide to discontinue the arrangement).

16.5. This Agreement will otherwise expire when you cease to use the PLT Services.

16.6. If you terminate this Agreement or cancel the Travel Product because of Missed Payments or a failure to comply with a Revised Payment Schedule:

(a) you will not be liable for any unpaid instalments, future instalments or the unpaid balance of the Travel Product Price;

(b) we will not charge you interest, late payment fees, default fees, finance charges or credit fees; and

16.7. If we terminate this Agreement or cancel the Travel Product under clause 16.4(e) or 16.4(f), or for any reason other than your breach of this Agreement or your actual or deemed election to cancel or terminate under this Agreement, we will refund all amounts paid by you (including the Deposit) and we will not charge the PLT Cancellation Fee. This clause 16.7 does not apply where the Travel Provider cancels the Travel Product, in which case clause 6.3 applies.

17. Limitation of Liability

17.1. You understand and agree that, where we make a booking for a Travel Product on your behalf using the PLT Services:

(a) we are not a party to, and are excluded from all liability, in relation to the Travel Provider’s provision of the Travel Product to you;

(b) the Travel Provider is solely responsible for, and we will have no liability for, any errors or omissions with the Travel Product;

(c) we have no control over whether a Travel Provider becomes Insolvent and is unable to provide the Travel Product, and will have no liability in relation to a Travel Provider becoming Insolvent; and

(d) we arrange the Travel Product for you as an intermediary and retain no control over the Travel Provider’s provision of the Travel Product to you.

17.2. Despite anything to the contrary, and to the maximum extent permitted by Law:

(a) neither Party will be liable for consequential loss; and

(b) a Party’s liability for any Liability under this Agreement will be reduced proportionately to the extent the Liability was caused or contributed to by the acts or omissions of the other Party (or any of its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, and employees) including any failure by that Party to mitigate its loss.

17.3. This Agreement does not limit or exclude any Liability of a Party that cannot be excluded or limited by Law.

18. Entire Agreement

18.1. This Agreement and any policies or operating rules posted by us on the Website constitute the entire Agreement and understanding between you and us and governs your use of the PLT Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

19. General

19.1. This agreement is governed by and interpreted in accordance with the Laws of New Zealand. You irrevocably submit to the exclusive jurisdiction of the courts of New Zealand. Nothing in this clause prevents you from bringing a claim in the New Zealand Disputes Tribunal or otherwise exercising your Consumer Rights.

19.2. Questions about this Agreement or any aspect of the PLT Services should be sent to support@paylatertravel.com, or through our online chat function.

19.3. We do not give any express warranty or guarantee as to the suitability, reliability or availability of the Travel Providers, or of the content on our Website.

19.4. Subject to your Consumer Rights set out in clause 14, we do not give any implied warranties or guarantees.

19.5. Except as required by law, we do not guarantee continuous, uninterrupted or secure access to the PLT Services and the Website, and we make no representations or warranties regarding the amount of time needed to complete processing of payments or refunds.

19.6. We are dedicated to maintaining a respectful and safe environment for both our customers and employees. We endeavour to solve any query to the best of our ability, however we reserve the right to refuse service, restrict access to the PLT Services, or terminate this Agreement in the event that our employees are subjected to abusive, threatening, or harassing behaviour. This includes, but is not limited to, verbal abuse, offensive or discriminatory language, intimidation, harassment (whether sexual or otherwise), and physical threats. By engaging with the PLT Services, you agree to treat our staff with respect and understand that failure to do so may result in the immediate suspension or termination of the PLT Services.

19.7. We warrant that we are accredited under the ATIA Industry Accreditation Scheme and we comply with the ATAS Code of Conduct. For more information about the ATAS Code of Conduct, please visit the ATAS website at www.atas.com.au.

19.8 If any term of this Agreement permits us to cancel a Travel Product, retain an amount, deduct an amount from a refund, or recover costs, that term applies only to the extent permitted by Law and subject always to your Consumer Rights.

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Terms & Conditions