This document sets out the terms and conditions for purchase of your Holiday at an ATPM Holiday Park by instalments under a Payment Plan. By proceeding with your booking, you confirm that you have read and acknowledge these Terms and Conditions.
Commencement
The Agreement will start when all necessary details in the Purchase Pages have been completed and provided to Us, the Payment Plan Contract has been entered into between the Purchaser and Us by the Purchaser ticking (or directing us to) the box in the Purchase Pages authorising Us to charge their credit card.
Eligibility to Participate in the Payment Plan
In order to be eligible to pay for your Holiday by the Payment Plan, you must:
- be an Australian Citizen or Permanent Resident; and
- be eighteen (18) years of age and over; and
- have a valid credit card (Visa, Mastercard or Union Pay only)
Payment Plans are only available:
- when you book your Holiday via our online booking system;
- when the Holiday value is at least $200; and
- provided that at least 2 payments, in addition to your deposit, can be made under any Payment Plan option before the first day of the Holiday.
Payment Plan – Instalment Frequency Options
You may select the frequency of repayments under your Payment Plan on the Purchase Pages.
All instalment payments can only be made using an accepted credit card (Visa, Mastercard or Union Pay only)
Repayment options can be made weekly, fortnight or monthly, subject to the time frame between the date of your Holiday and the date you start your Payment Plan.
The first payment under the Payment Plan will be as deducted as follows:
- for the weekly Payment Plan option, on the Start Date then weekly on the same day after that (Direct Debit Date)
- for the fortnightly Payment Plan option, on the Start Date then fortnightly on the same Day after that (Direct Debit Date)
- For the monthly Payment Plan, on the Start Date and monthly same date after that (Direct Debit Date).
The final payment for all Payment Plan options will be due 7 days before the date of the Holiday.
The final payment amount and final payment due date will be specified in the Purchase Pages.
Any outstanding or missed instalment under a Payment Plan must be paid on or before the final payment, on the date which is 7 days before the date of the Holiday.
The amount of each repayment or instalment due and payable by you under the Payment Plan will be as specified in the Purchase Pages.
All payments due to Us will be collected by Us in accordance with the terms of the Agreement.
All payments are in Australian dollars. The Purchaser is solely liable for any currency conversion fee charged.
If you do not complete the payments under the Payment Plan, and remain in arrears for 2 or more instalments, or on the day which is 7 days before the date of the Holiday then:
- your Holiday booking will be cancelled; and
- you will forfeit all repayments made under the Payment Plan; and
- you will not be entitled to a refund, subject to any statutory rights.
Please note: Once accepting a frequency for payment, the payment dates are fixed/automated and unable to be altered.
Cancellation
To cancel Payment Plan (prior to the final Direct Debit Date) you will need to contact us in writing and confirm your cancellation no less than 5 business days from your next Direct Debit Date. If you do not provide sufficient time for cancellation, we may be unable to cancel your Payment Plan prior to the next payment due date.
In the event of cancellation by you, you may be entitled to a full or partial refund – depending on the time of cancellations. All cancellations during the Payment Plan Period will be governed by our Booking and Refund Policy
General conditions
You acknowledge and agree that:
- You must provide us with accurate and complete billing information including your legal name, address, telephone number, email address and in some cases, date of birth or other proof of identification. We will not be liable for any billing errors that occur as a result of you providing inaccurate billing information.
- You must notify us immediately if your credit details provided to us for the purposes of charging your Payment Plan is no longer current or has changed. You can update your payment details by contacting the Holiday ParkHol.
- On or around the payment date, we will debit your nominated credit card for the amount due. The total price for the Holiday will be taken to have been incurred on the date of purchase but You will be permitted to make payments in instalments during the Payment Plan Period
- We reserve the right to cancel your Payment Plan arrangement should two or more of your debit payments be returned or dishonoured. You are liable for any bank fees or merchant fees associated with dishonoured payments.
- The biller name on your credit card statement will be the name of the Holiday Park where you have booked your Holiday.
- If a payment is returned or dishonoured, you will be required to pay the missed payment by credit card before the Holiday.
- If a debit payment falls due on any day which is not a business day, the payment will be made on the next business or calendar day. If you are unsure when the debit will be processed to your credit card, you should ask your financial institution.
- It is your responsibility to have sufficient funds available on your credit card balance to enable your payments to be made.
- If your credit card payment is declined is unsuccessful, we will use reasonable endeavours to notify you by text message, email or telephone that an amount is overdue. If the amount outstanding is not immediately paid, then we reserve the right to debit your credit card again after 3 business days.
- Any queries concerning disputed debit payments must be directed to us in the first instance by contacting the holiday park. If we cannot resolve a query or dispute between us, you may refer your query or dispute to our bank who may ask you to provide information in connection with your query or dispute.
- Except to the extent that disclosure is necessary in order to process credit card payments, investigate and resolve disputed transactions or is otherwise required by law, we will keep details of your credit card payments confidential.
Your rights – Australian Consumer Law
Despite anything contained in these Terms and Conditions, the Australian Consumer Law (ACL) gives you statutory rights including guarantees and remedies that cannot be excluded or modified by these Terms and Conditions. The ACL guarantees and remedies include (depending on the type of failure, fault, or defect) repair or replacement, a refund, compensation for reasonably foreseeable loss or damage, or a resupply of the goods or services if the goods or services do not meet the standards required by the ACL. These Terms and Conditions do not purport to exclude any statutory rights available to you and must in all cases be read subject to those statutory provisions.
Termination
The Agreement may be terminated by Us at any time by notice in writing to you, if the Payment Plan has not been paid when due or you breach these Terms and Conditions.
Contact Details and notices
Any notice required to be given by a party under the Agreement must be given in accordance with the particulars set out in the Purchase Pages or at the end hereof or as subsequently varied by notice.
It is your responsibility to:
- keep your contact details, including your email address and postal address up to date and notify us of any changes to those details;
- contact us if you do not receive your invoice or any other notices; and
- keep your email account and mobile phone secure to protect the privacy of your personal and any credit information.
Term and conditions
You are bound by the latest version of these Terms and Conditions. We will use reasonable endeavours to notify you of any changes to the Terms and Conditions by placing a notice on our website. Where there are material changes to these Terms and Conditions that could adversely affect or limit your rights under these Terms and Conditions, we will provide additional notice to you by way of the address or email address you have provided to Us. Where possible, we will give at least one month’s notice of such changes.
Privacy
Australian Tourist Park Management is a member of the National Roads and Motorists’ Association Limited (ACN 000 010 506) (NRMA)* group of companies.
ATPM is committed to treating the privacy of our customers with utmost importance
We will collect, store, use and disclose your Personal Information in accordance with relevant legislation and our Privacy Policy.
By proceeding with your booking, you confirm that you have read and acknowledge the terms of our Privacy Policy. Our Privacy Policy includes information about safeguards in place for your Personal Information.
Governing Law
The Agreement is governed by the laws in force in the State of Queensland, Australia.
Queries and disputes
If a party has a query or dispute in respect of the Agreement or a query or dispute in respect of the payment of monies We ask that they contact Us by:-
- Telephone on – 07 5607 1405. If calling from outside of Australia +61 7 5607 1405.
- Email at – [email protected]
*Insurance Australia Limited (trading as NRMA Insurance) and its related entities are separate and unrelated to National Roads and Motorists’ Association Limited.
Definitions
“Agreement” means these Terms and Conditions appearing on this website and the Purchase Pages
“Day” means any business day in Queensland, Australia.
“Direct Debit Date” means the date when each payment is to be deducted in accordance with these Terms and Conditions.
Holiday means the booking of accommodation at one of the Holiday Parks which are owned or managed by ATPM.
“GST” means goods and services tax imposed or to be imposed under the A New Tax System (Goods and Services Tax) Act 1999 (as amended) and any related imposition Acts of the Commonwealth, or any Act in substitute for them
“Payment Plan” means a purchase of your Holiday, payment for which will be completed in the instalments as selected in the Purchase Pages
“Payment Plan Period” means the period from the Start Date to the Day which is 7 days before the date of the Holiday.
“Personal Information” has the meaning ascribed to it by the Privacy Act 1988.
“Purchase Pages” means those pages on our website headed “Book Online”, “Check Availability”, “Booking Details”, “Membership Details” and “Checkout”.
“Purchaser” or “you” means the person whose identity is inserted in the applicable section of the Purchase Pages, whose name must also be on the credit card used for the Payment Plan. The word “Your” has a corresponding meaning.
“Start Date” means the date when you submit your Holiday booking confirmation and Payment Plan details on the Purchase Pages
“Terms and Conditions” means the terms and conditions in this document which form part of the Agreement regarding your Payment Plan.
“We, Us or “ATPM” means Australian Tourist Park Management, management company of Macleay Valley Coast Holiday Parks. ACN 061 270 513 of Suite L218A, Level 2 The Strand at Coolangatta 72-80, Marine Parade, Coolangatta QLD 4225. The word “Our” has a corresponding meaning.