Terms and Conditions

Welcome to the Layaway Holidays Website. Your access to and use of the Website and any Layaway Holiday Packages that you purchase from our Providers through the Website are subject to the following notices, disclaimers, Terms and Conditions. These Terms and Conditions may be changed at any time and any such changes will be notified on the Website.

If you use the Website to purchase any Layaway Holiday Packages from Providers on a Payment Plan basis, then in addition to being bound by our Terms and Conditions you will be required to complete a Debitsuccess application form and also enter into the Payment Plan Terms with Debitsuccess Limited, who will process any Payment Plan payments to be made by you. A copy of the Payment Plan terms that you will be required to enter into with Debit Success Limited can be found by clicking on this link.

General Provisions

1.	Definitions
	1.1	In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: "Content" means all Trade Marks, text, graphical and other visual content, as well as all audio content and other information contained in our Website; "LAYAWAY HOLIDAYS", "we, "our" and "us" shall mean Layaway Holidays Limited; “LayAway Holidays Package” means any of the holiday packages (comprising of a combination of Services and Products) as may be advertised on our Website from time to time for purchase by you from a Provider; “Payment Plan” means the payment plan that you and we agree to regarding your purchase of a LayAway Holidays Package; “Payment Plan Terms” means the additional Payment Plan terms that you, we and Debitsuccess agree to regarding your purchase of a LayAway Holidays Package in respect of which clauses 4-6 of these Terms and Condition are incorporated by reference into the Payment Plan Terms; "Products" means those products which we advertise on the Website for purchase by you from a Provider as part of a LayAway Holidays Package; “Provider(s)” means any third party provider(s) who supply Products and Services to you in the form of a LayAway Holidays Package through our Website; “Services” means those services which we advertise on the Website for purchase by you from a Provider as part of a LayAway Holidays Package; “Terms and Conditions” means these terms and conditions and also include the Payment Plan Terms (if applicable); Trademarks" means all of our trademarks, whether registered or unregistered; "Website" means this internet site operated by LAYAWAY HOLIDAYS; “you" means you the user of this Website, whether an individual, a company, or any other form of entity.

USE OF OUR WEBSITE

2.1

The Website is operated by LAYAWAY HOLIDAYS. By using the Website and/or acquiring a layaway Holidays Package, you agree to these Terms and Conditions. If you disagree with any of these Terms and Conditions, you should not use the Website.

2.2

By using the Website you acknowledge that you have read, understood and accepted these Terms and Conditions and agree to be bound by them. You are liable for every purchase of any Layaway Holidays Package that you make through this Website with a Provider.

2.3

If you are under the age of 18, you must only use this Website with parental or caregiver consent, provided they are over the age of 18 and accept these terms and conditions on your behalf.

2.4

If you are using this Website on behalf of a company, association, partnership or other such entity ("Entity") then:

(a)	You warrant that you are authorised to agree to these Terms and Conditions on behalf of the Entity;
(b)	You warrant that you are authorised by the Entity to use the Website and make any purchases of Layaway Holidays Packages, Products or Services from a Provider; and
(c)	References in these terms and conditions to "you" include the Entity (as defined above). By using the Website, you warrant that you meet the relevant conditions of this clause 2.4.

2.5

As a condition of use of the Website, you agree:

(a)	Not to disrupt activity online;
(b)	Not to use the Website for commercial gain or purposes, to make any fraudulent reservation or any reservation in anticipation of demand;
(c)	To ensure that the Website is not used for any illegal activity or which may expose us to potential litigation including (but not limited to) copyright and trade mark infringement; and
(d)	Not to introduce anything harmful or destructive (such as viruses, worms, Trojan horses, spiders, time bombs or bots) to, or interfere in any way with the normal operation of the Website.

PURCHASES OF SERVICES AND PRODUCTS THROUGH THE WEBSITE

3.1

LAYAWAY HOLIDAYS acts as agent for third party Providers in respect of any LayAway Holidays Package that you purchase through our Website. We are therefore instrumental in bringing about a contract between you and the Provider, to which we are not a party. By purchasing a LayAway Holidays Package through the Website, you agree to enter into a contract direct with the Provider(s) and to be bound by any additional terms and conditions that it imposes.

3.2

As such, LAYAWAY HOLIDAYS is not liable for:

(a)	Any claims made by you against a Provider(s) for any non-performance or unsatisfactory performance in relation to any LayAway Holidays package, Products or Services that you have purchased through us from a Provider;
(b)	Any claims made by you against a Provider for inaccurate material or information supplied by a Provider;
(c)	Any cessation of any LayAway Holidays Package, Products or Services from a Provider;
(d)	Any declaration of bankruptcy or similar event in respect of a Provider; and
(e)	Any loss or damage to you, your baggage, personal possessions, health or welfare, or delays or disruptions to your travel.

3.3

You must purchase the LayAway Holidays Package, Products and/or Services with the third party Providers in accordance with the instructions on the Website. This may include entering into the Provider’s own terms and conditions.

3.4

If a Provider rejects a booking made by you through our Website (due to unavailability of any LayAway Holidays Package, Products or Services) we will use our best endeavours to provide you with a viable alternative. If we cannot find a viable alternative, we will refund you any amounts paid.

4.	PAYMENT
	4.1	LAYAWAY HOLIDAYS is a member of the Travel Agents’ Association of New Zealand Incorporated (“TAANZ”) which has established a bonding scheme (“Bonding Scheme”). The Bonding Scheme is designed to protect you should we fail to account to Providers for monies received from you, with the result that you do not receive the Products/Services for which you have paid. The TAANZ Bonding Fund is available to meet claims lodged by customers of a TAANZ member up to a certain limit. More information regarding the Bonding Scheme can be found at www.tanz.org.nz.
	4.2	If you elect to acquire a LayAway Holidays Package through one of the available Payment Plans then payment by you for the LayAway Holidays Package can be made weekly, fortnightly and monthly through Debitsuccess Limited in accordance with the Payment Plan Terms and will be held in a TAANZ authorised trust account. Any interest earned on monies held in the trust account will be for our benefit.
	4.3	All payments for Products or Services are payable in New Zealand dollars.
	4.4	Any late or non-payment will be dealt with in accordance with the Payment Plan Terms

5.	PRICE
	5.1	The price for any LayAway Holidays Package shall be the price stipulated on our Website at the time you book the same (subject to clause 5.2 and 5.3 and the continued availability of the Services or Products).
	5.2	If you wish to vary the frequency in which payments are made by you, further costs may apply and you will be required to pay these.
	5.3	You are required to pay for any additional products or services in relation to your travel that are not incorporated within your fixed price LayAway Holidays Package.
	5.4	We may vary the prices posted on the Website for various Products or Services at any time without notice to you.

CANCELLATIONS

6.1

You will be required to pay cancellation fees if you cancel your LayAway Holidays Package or terminate your Payment Plan.

6.2

The nature of the cancellation fees will be dependent on the Payment Plan Terms and the nature of the LayAway Holidays Package purchased and the charges levied on us by our Providers.

6.3

Where monies paid under your Payment Plan are less than or equal to 37.5% of the total price you are required to pay for the LayAway Holidays Package, those monies paid may be forfeited on cancellation of the LayAway Holidays Package. The occurrence of any forfeiture will depend on the terms and conditions of the LayAway Holidays Package booked and the extent and severity of the independent cancellation charges levied on us or you (as the case may be) by the Provider(s) of your LayAway Holidays Package. This is a worst-case scenario and in the event of a cancellation of your LayAway Holidays Package or cessation of your payments we will use reasonable endeavours to negotiate cancellation charges to you of less that 37.5% of your total LayAway Holidays Package cost, although this may not at times be possible for reasons outside of our control due to the terms and conditions (and any other stipulations) of the Providers.

6.4

Fixed Price LayAway Holiday Packages (Non Cruise, but including Flight-only purchases). From two months prior to departure, or in instances where a non-refundable airline ticket has already been issued (which may occur at any time during the course of the booking) cancellation charges shall not be less than 100% of the full LayAway Holidays Package or Flight price, whichever applies.

6.5

Fixed Price Cruise Holidays. From three months prior to departure, cancellation charges shall be not be less that 100% of the full LayAway Holidays Package price.

7.	PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE
	7.1	We may add new LayAway Holidays Packages, Products and Services to our Website from various Providers, or cease to supply Products and Services from various Providers at any time without notice.

8.	LIMITATION OF LIABILITY
	8.1	All representations or terms (including any condition or warranty expressed or implied by law, statute or otherwise) not expressly included in these terms and conditions are hereby expressly excluded. You acknowledge that you have not relied on any representation or statement made by us other than the express provisions of these Terms and Conditions.
	8.2	The Content, material and information provided on the Website is supplied upon the condition that you will make your own determination as to the suitability of the Products and Services that you decide to purchase from a Provider.
	8.3	While we endeavour to keep the Website operational 24 hours a day 7 days a week, we cannot guarantee that no interruptions will occur or that it will be error-free. We will not be liable for any damages, loss or injury, including, but not limited to special or consequential damages that result from the use of or the inability to use, the Website and the information in this Website.
	8.4	Under no circumstances will we or Debitsuccess be liable to you or any third party claiming through you for any loss of profits, contract, indirect or consequential loss of any kind whatsoever, nor for any special, indirect, consequential or punitive damages.
	8.5	Nothing contained in the Website shall be construed as a recommendation to buy any Product or Service from a Provider.

9.	COPYRIGHT & USE OF MATERIALS
	9.1	Unless otherwise specified, we are the owner or possess rights in respect of the copyright in all property rights in the Content and materials appearing on the Website, including the text, site design, logos, graphics, icons, button icons, audio clips, software and images, as well as the collection, assembly and arrangement of those items. You are granted permission to electronically copy and to print hard copy portions of the Website for the sole purpose of purchasing Products and Services from a Provider. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without our prior written permission is strictly prohibited.
	9.2	You may use the Content of the Website only for the purposes of reading and shopping at the Website, or purchasing Products and Services from a Provider and for no other purpose. All rights not expressly granted herein are reserved. Any unauthorised use of the Content appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
	9.3	Material from the Website may not be copied, reproduced, distributed, modified, published, uploaded, posted, or transmitted in any way, without our prior written consent.
	9.4	Modification, distribution, or use of the material contained in our Website for any purposes other than for your personal use directly violates our intellectual property rights. The material contained within this site is copyrighted and protected by world-wide copyright laws and treaty provisions, even if it is not stated to be so protected and is provided for lawful purposes only.
	9.5	You indemnify us and our officers and employees from any claim made by any third party against us, our officers or employees, due to or arising out of your use of the Website or your use of any Content and materials appearing on the Website.

10.	COPYRIGHT & USE OF MATERIALS
	10.1	The information on the Website (including but not limited to information relating to passports and visas) is provided for guidance only and is presented in good faith and believed to be correct as at the date on which they are prepared. Nothing contained in the Website should be construed as a recommendation to purchase any particular Product or Service. We make no warranties or representations about the accuracy or completeness of this Website, its content or the content of any website "hypertext linked" to or from this Website. We reserve the right, but make no binding commitment, to update the information contained in the Website at any time, without notice.
	10.2	We do not warrant that the Website, its servers or any email sent from us is free of viruses or other harmful components.
	10.3	You acknowledge and agree that we are not a “seller” pursuant to the Layby Sales Act 1971 and that the Layby Sales Act 1971 does not apply to your purchase (through the Website) of Products or Services from a Provider.

11.	PASSPORTS, VISAS AND HEALTH
	11.1	You are responsible for arranging you own passport, visa and health requirements including vaccinations.
	11.2	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 a New Zealand passport a returning resident visa will be required for re-entry into New Zealand. It is your responsibility to obtain this. Please also note that some countries require a specific visa type for persons who have had a previous criminal conviction. If you require further information about this, please contact the relevant foreign embassy for further clarification.
	11.3	Some 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. Please also check that the photo page of your passport is not frayed or lifting as you may also be turned away at check-in. furthermore, a “machine readable” passport is now required for most destinations so please check that this is the case.
	11.4	The name on the airline ticket must be identical to your passport and you are responsible for ensuring that this is the case at the time that you make a booking through LAYAWAY HOLIDAYS.
	11.5	You should speak with your doctor regarding the vaccinations required for your travel. You should also speak with foreign embassies as some countries require that travellers be vaccinated against specific diseases.
	11.6	The New Zealand Ministry of Foreign Affairs and Trade provides a travel advisory service and advises New Zealand travellers on security risks in a number of countries. Please refer to this guide at www.safetravel.govt.nz.

12.	APPLICABLE LAWS
	12.1	This Agreement shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the exclusive jurisdiction of the New Zealand Courts.
	12.2	The Website is controlled and operated by us, from our offices within New Zealand. We make no representation or warranty that the information, Products or Services on this Website are appropriate or available for purchase in other locations. We accept no liability whatsoever to you in respect of such matters.
	12.3	If you choose to access the Website from outside of New Zealand, you are solely responsible for compliance with applicable local laws and we make no warranty or representation that the information complies with any laws, rules, regulations, procedures, codes or governmental directives, outside of the jurisdiction of New Zealand.

13.	TRADEMARKS
	We use a substantial number of trademarks and service marks on the Website (including those of our Providers [including Debitsuccess]). These trademarks and service marks may not be used or reproduced without either our prior or our Provider’s written permission.

14.	GENERAL
	14.1	If any provision of these Terms and Conditions are held by any competent authority to be invalid or unenforceable in whole or in party, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
	14.2	The headings to the clauses of these Terms and Conditions are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
	14.3	If the performance of our obligations under these Terms and Conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, act of war, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or Services, delay in performance, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond our reasonable control of) we shall be excused from such performance to the extent of such prevention.
	14.4	From time to time we may vary these Terms and Conditions without notice. Please check these Terms and Conditions periodically for changes. Your continued use of the Website after the Terms and Conditions have been changed indicates your acceptance of those changes.
	14.5	We may terminate the Terms and Conditions and/or the provision of any of the Products and Services at any time for any reason, including any improper use of the Website or your failure to comply with the Terms and Conditions.

15.

15.1

We may hold information relating to you that you have provided to us (such as on an application or registration form) or that we may have obtained from another source (such as our Providers, Debit Success Limited or from marketing organisations and credit agencies).

15.2

This information may include, amongst other information, your name, address, telephone numbers, information on the type of Products and Services you purchase from Providers through the Website, information on your browsing activity on the Website, lifestyle information and any other information collected in relation to the Products and Services that you purchase from a Provider(Information).

15.3

Your information may be held and used by us for a number of purposes connected with our business operations and functions, which include:

(a)	Processing your orders or applications;
(b)	Carrying out credit checking and scoring (unless we have agreed otherwise);
(c)	Administering your account;
(d)	Dealing with requests, enquiries or complaints and other customer care related activities and all other general administrative and business purposes;
(e)	Carrying out market analysis and marketing our company and the Products and Services generally;
(f)	Contacting you (including by post, email, fax, short text message (SMS), pager or telephone) about the Products and Services of carefully selected third parties which we think may be of interest to you (unless you ask us in writing not to);
(g)	Registering your details and allocating or offering you rewards, discounts or other benefits;
(h)	Carrying out any activity in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution; and
(i)	Carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer.

15.4

We may also pass personal information, relating to you, for any particular purpose to certain third parties including:

(a)	Those that provide you with Products or Services through our Website as well as Debit Success Limited;
(b)	Credit reference agencies (unless we have agreed otherwise) who may share your information with other organisations and who may keep a record of the searches we make against your name;
(c)	If someone else pays for the Services or Products, such as your employer, that person;
(d)	Those providing telephone and similar directories or directory enquiry services;
(e)	Carefully selected third parties who we reasonably believe provide products or services that may be of interest to you; and
(f)	Those involved in the prevention or detection of fraud or crime or the apprehension or prosecution of offenders, including the operators and participants of crime prevention schemes in which we participate who may compare your personal information with information collected from other sources and who may keep a record of the searches we make against your name; persons to whom we may be required to pass your information by reason of legal, governmental or regulatory authority; and anyone we transfer our business to in respect of which you are a customer or a potential customer.

15.5

This Policy does not affect your rights under the Privacy Act 1993. This notice is provided for your information and is not intended to limit or exclude your rights under the Privacy Act 1993.