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TravelPay - Zenith Payments Pty Ltd
Terms & Conditions
TravelPay provides a service for Customers to make payments to Travel Agents. These terms and conditions form part of a Customer Registration Form executed by the Customer wishing to pay Travel to the Customer's Travel Agent through the service provided by TravelPay ABN 63 056 881 942. By completing and executing the CRF, the Customer agrees to be bound by the terms and conditions set out below (the "Terms").
1. Definitions (as used in this agreement)
account means the credit, debit or bank account nominated or used by the Customer for payment of Travel.
Travel Agent or Agent means the Agent, for whom the Agent acts, to whom Travel is payable or due.
Travel in relation to a Customer, means the Travel described in that Customer's registration form, being the Travel payable or due by that Customer. For the purpose of this agreement, it also includes any other payments made to by Customers and/or processed by the Customer's Travel Agent.
TravelPay Program or us means the program developed by Zenith Payments Pty Ltd (ABN: 71 083 359 684) for the processing of payments.
Customer means a person who has an agreement relating to the payment of Travel to an Agent, or a landlord for whom the Agent acts. For the purposes of this agreement, it also includes any person who registers to pay Travel via the TravelPay program.
Customers Registration Form or (CRF) means an agreement between a Customer and us whereby the Customer agrees to participate in the TravelPay Program.
These Terms apply to any Customer from the date upon which
accepts a Customer's CRF.
These Terms do not operate to vary or affect in any way the meaning, operation and effect of any other contract to which the Customer is a party including, without limitation, the lease to which Travel payments are applied and any agreement regulating the use by the Customer of the credit, charge or bank account identified in the CRF or used to pay Travel (the "Account"). These Terms do not oblige the Customer to use the Account to pay Travel or any other amount.
3. Your Account
The Customer is responsible for ensuring that the entity issuing the account will make payments authorised by the Customer in the CRF. The Customer is responsible for ensuring that they have authority to nominate the account used to process payments.
is not responsible or liable in any way for any failure by any entity issuing the Account to remit payments. The Customer acknowledges that the entity issuing the Account may not permit the use of the account to pay Travel. The Customer is liable for any and all expense, damage or loss incurred by
in the event of the misuse or unauthorised use of the account by the Customer and the Customer must reimburse any such amounts to
4. Payment Procedures
The Customer will be deemed to have authorised the Account to be debited or charged with the Travel and the Processing Fee described in the CRF or on the TravelPay Website or Online Payment Portal/WebPay when:
; the date for payment of Travel passes if the Customer has nominated 'Set & Forget' automatic payments as its payment method in the CRF; the Customer initiates payment at an electronic or online payment terminal operated by the Agent; the Customer requests
to initiate a payment; and/or the Customer initiates payment via the
website or a telephone payment system operated by
will not be liable for any fraudulent use of the Account or any of the payment methods described in paragraph 4.1. The Customer must notify
immediately if the Account is lost or stolen by calling (02) 9556 7556 or such other number as
designates [by notice to the Customer/by posting it on the
website]. A notice given by the Customer under this paragraph will be deemed to be a Change Notice cancelling all Authorisations to make payments using the Account five days after
receives the notice.
Regardless of when
processes a payment in accordance with these Terms, the payment will not be regarded as completed unless and until the entity issuing the Account authorises and settles the payment according to the settlement arrangements relating to the payment.
will not be obliged to process a payment authorised under paragraph 4.1 after 5.00 pm for credit card or 4:30pm for bank account or on a day trading banks are not open for business until the next day upon which trading banks are open for business.
The Customer releases and indemnifies
from and against any action claim, loss, proceeding, cost, liability or expense (a "Claim") suffered or incurred by the Customer in relation to, in connection with or as a direct or indirect result of any failure by the Customer to pay Travel unless that failure occurs due to a breach by
of these Terms.
As a separate, primary and severable liability, you indemnify and must keep
indemnified from and against any Claim suffered or incurred by
in relation to, in connection with or as a direct or indirect result of any payment or purported payment of Travel pursuant to your CRF, or in relation to the property the subject of the CRF, subsequently being rejected, invalidated or disputed. It is not necessary for
to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make payment before enforcing a right of indemnity conferred by these terms and conditions.
The Customer will pay to
the Processing Fee identified in the CRF. Any Authorisation under paragraph 4.1 will be deemed to include an Authorisation for
to debit or charge the Account with this Processing fee at the same time as a payment is made under clause
In the event of a bank account payment that the Customer initiated subsequently being rejected by the Customer's bank or another party, the Customer will pay to
a fee (a "Failed Payment Fee") of $15 (including GST). This Failed Payment Fee will be automatically deducted from the Customer's nominated account four days after
receives notification of the rejected payment. Should the Failed Payment Fee also become rejected,
reserves the right to cancel all payment arrangements immediately. The Failed Payment Fee does not apply to rejected credit card payments.
Upon the Customer requesting
by means of a CRF other than the CRF available online to commence payment arrangements using the Customer's nominated bank account,
may, in order to confirm the legitimacy of the bank account details provided and to cover set-up costs, process a payment (a "Bank Account Set Up" payment) of $1.51 (including GST) to be deducted from the Customer's nominated bank account. The Bank Account Set Up Fee does not apply to Customers paying by credit card.
The Customer acknowledges that any payments made under this agreement that are subsequently disputed or reversed or which
is required to refund by the entity issuing the account, will not be forwarded to, or will be recalled from, the Agent and the Customer will be obliged to remake any such payment due under the terms of the Customer's agreement with the Agent.
will issue a tax invoice complying with GST legislation if requested to do so by the Customer
5. Cancellation or Stopping Payments
The Customer is responsible for advising
if Travel ceases to be payable and/or the Customer wishes to withdraw any Authorisation given (or deemed to be given) according to paragraph 5.3 (an "Authorisation").
The Customer acknowledges that any payments received by
(other than the Processing Fee and other fees charged directly by
) are remitted by
to the Agent and, accordingly, any payments that exceed the Travel actually payable by the Customer must be recovered by the Customer from the Agent. The Customer releases and indemnifies
from and against any dispute or claim arising from any Authorised payment of Travel that is not actually due and/or payable. The Processing Fee and other fees charged directly by
are not refundable under any circumstances.
The Authorisations will be deemed to continue unless and until the Customer notifies
in writing that they are withdrawn (a "Cancellation Notice"). A Cancellation Notice will not be effective until five days has elapsed from the date
receives it. A Customer must execute a new CRF if the Customer wishes to renew the Authorisations.
will, from time to time, publish or make available online a form (a "Change Notice") that Customers can complete to vary any of the information or Authorisations provided by them in a CRF (the "Customers Information"). A Customer must complete a Change Notice whenever the Customer wishes to change the Customers Information. The information contained in a Change Notice will be deemed to have replaced the information in a CRF (as previously amended) five days after
receives a Change Notice.
can terminate the payment arrangements contained in these Terms at any time by giving notice to the Customer.
will collect, use and store any of your personal information in accordance with
website www.travelpay.com.au. Without limiting the operation of the
to disclose any of the Customer's personal information to the Agent and any other person nominated by the Agent.
will use the information specified on the CRF for the purpose of identifying the Customer.
7. Variations and Amendments
may vary, delete or add (a "Change") to these Terms (including the Processing Fee and other fees) at any time. Any Change will be effective from the date
posts the Change on the
may not notify the Customer of any Change. If the Customer wishes to vary any Customers' Information (including any Authorisations), the Customer must execute and deliver a Change Notice in accordance with paragraph 5.4.
The Customer acknowledges that
has not made any warranty in relation to the benefits, if any, that may accrue to the Customer from paying Travel by using the Account. The Customer acknowledges that the existence or extent of benefits from using the Account may depend on the terms and conditions upon which the Account is issued to the Customer.
Any notice required to be given by
or the Customer can be given by the sender posting the relevant information to the SMS, email or postal address specified by the recipient on the CRF (as amended by any Change Notice). A notice given by
under this paragraph will be effective on the day after it is posted.