Traveller Agreement

These terms and conditions apply to the contract between you and us.

In outline, they explain:

Please note that this overview does not reflect all of the terms and conditions which apply between us and you can read these in full below. Our Service is not insurance.  We recommend you consider what insurance might be relevant to your Booking and you are responsible for taking out any insurance.

You will be asked to confirm that you have read and accept these terms and conditions in full before you use our service. If you do not accept these terms or if you have questions, please contact us.

1. About us

We are Repayd (a trading name of Trust My Travel Limited, registered company number 07686704, registered VAT number 123 332 066, and having its registered office The Cedars, New Road, Ryhall, Rutland, England, PE9 4HL) Or depending upon your location, its affiliate, Trust My Travel US LLC or Trust Protects SL (In all cases, doing business as Repayd) (“Repayd”, “we”, “us”).

2. Contact Information

2.1. To contact us, please telephone our customer service team at +44 (0) 1780679894 or write to us at solutions@repayd.com  

2.2. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us when you placed an order with us or when you contacted us.

3. These Are the Terms on Which We Provide You With Our Services in Connection With Your Travel Booking. If Accepted by You, They Form a Legally Binding Contract Between You and Us.

3.1.  You have completed a Booking for Travel Products under a separate contract made with your Travel Provider. To complete your Booking, your Travel Provider has directed you to us to make payment and for your financial security. You should read these terms carefully, and please contact us if you have any questions.

3.2.
By using our service and making payment to us in respect of your Booking you agree to be bound by these terms and conditions. Please note that our privacy policy, terms of website use and our Acceptable Use Policy also apply to your use of our website and Services, you can find these on our website: www.repayd.com

4. A Contract Between Us is Formed Once We Confirm We Have Processed Your Payment

4.1. The Travel Provider has agreed with you under your Booking that you must pay for your Travel Products by making payment of the Payment to us, acting as agent for and on behalf of the Travel Provider.  

4.2.  If we accept and process your payment (please see clause 5, Booking Payment Process, below), once we have processed your Payment and emailed you a receipt this confirms that a contract is formed between you and us for our Service, based on these Terms. Your Travel Provider will confirm your Booking separately.  Please keep this email confirmation safe as it shows that you have a made a Booking Payment covered by the Service.

4.3.  If we are unable to accept your Payment (please see clause 5, Booking Payment Process, below), you will be notified of this and will return any Payment you have submitted to us. Your Travel Provider will contact you separately to discuss your Booking. 

4.4. The Service is available from the point at which we send you our confirmation email (this will include your Identification Number) until either:

4.4.1. your Booking has been fulfilled (this is typically 72 hours after the completion of your Booking, such as 72 hours after the return date of your Booking where this is a trip, or 72 hours after the expiry of your theatre tickets) ; or

4.4.2. your Payment is reimbursed in accordance with these Terms; or

4.4.3. our Service is terminated in accordance with these Terms.

4.5. You understand that our Service is not an insurance product and that we are not offering any insurance Services to you in relation to your Booking.  You are responsible for taking out any insurance products which you consider would be beneficial to your Booking.

4.6. If you need to make a Claim in connection with your Booking, please follow the process set out in clause 9.

5. Booking Payment Process

5.1. You must follow the instructions given by us and your Travel Provider to make the Payment due for the Travel Products under a Booking. In taking Payment, we are acting as the agent of the Travel Provider.

5.2. It is your responsibility to check that the Payment we take from you matches what  you expected to pay  your Travel Provider.  If you have concerns or questions about the amount you are being asked to pay, please contact your Travel Provider to confirm this with them.

5.3. We may reject and return Payment and charge you a reasonable admin fee if:

5.3.1. the Payment is paid from a bank account, or from a card, which is not registered in your name; or

5.3.2. if you fail to follow our instructions for paying Payment.

5.4. If your bank or payment card company levies any fees in connection with you making the Payment, you are solely responsible for paying these.

5.5. We accept most debit and credit cards but we may apply a charge (only if you are paying on behalf of a business or if you are using a non-UK registered debit or credit card). You will be notified before you proceed and asked to accept the charges. Where we use a third party payment provider to process a payment, the third party’s terms and conditions and privacy policy will apply to your use of their services, and we recommend that you read these carefully before proceeding. If any third party provider responsible for processing the payment  suspends, cancels or revokes the payment, we will not be able to provide the Services to you unless and until the payment is made in full.

5.6. You cannot revoke or cancel the Payment from us once it has been made. If you obtain a refund from the Travel Provider or from any payment services provider (e.g. your credit card company), the Services will be cancelled in relation to any refund which you obtain.

6. The Service Applies to Each Travel Provider Booking Payment You Make Through Using Our Services

6.1. The Service covers the amount of the Payment we took from you on behalf of the Travel Provider in relation to your Booking with the Travel Provider (minus any refunds the Travel Provider issues to you in relation to the Booking).

6.2. If you have made Bookings with more than one Travel Provider your Payment is protected by our Service in proportion to each Travel Provider’s respective duties and responsibilities for your Booking.

7. The Services Only Apply Where You Make a Payment Using Our Services

7.1. If you make additional bookings subsequent to making your original Booking (for example for the provision of excursions or other leisure Services in addition to the Travel Products already purchased in your original Booking) either from the Travel Provider or from a third party (“Additional Services”), we have no liability for the performance of the contract for Additional Services or for providing Services for the payment for the Additional Service unless we expressly tell you otherwise (e.g. by you making payment for the Additional Services through using our Services and us confirming the Additional Services booking benefits from the Services).

8. Your Additional Commitments to Us

8.1. You understand and accept that we are not responsible for the fulfilment of the Booking or the Travel Products and that this is the responsibility of the Travel Provider.

8.2. You understand and accept that it is your sole responsibility to ensure your Travel Products are suitable for your requirements and for ensuring you have the correct documentation,  tickets and vouchers from the Travel Provider, a valid passport (if necessary) and/or that you have received any necessary vaccinations recommended to you.

8.3. We may need certain information from you so that we can supply our Service to you and/or to investigate and or process any Claim. You are responsible for providing accurate, complete and up to date information to us when we request it from you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information:

8.3.1. we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result; and/or

8.3.2. we will not be liable to you if we are delayed in supplying our Service or we are not able to supply all or any part of it as a result of your actions/inactions.

9. What Happens if the Travel Provider Becomes Insolvent and Process for Making a Claim

9.1.If a Travel Provider goes out of business before you have left your departure point we will inform you, where possible, and we will make arrangements for either:

9.1.1. a full reimbursement of Payment; or

9.1.2. (acting as your agent on your behalf) offer to arrange for the supply of alternative or replacement Travel Products by an alternative third party supplier following the process set out in clause 9.3, below.  Where we offer you the option to accept the alternative/replacement Travel Products from an alternative supplier, if you choose to accept this then this Payment will also be protected by our Service. If you accept delivery from our proposed alternative supplier, you shall not be entitled to any other compensation for any other claim from us, our representatives or our underwriters.

9.2. If a Travel Provider becomes Insolvent once you have left your departure point or if we are unable to inform you before you depart then you should call our contact number on +44 1780 679894 immediately. We will take all commercially reasonable steps to find an alternative supplier to provide replacement Travel Products to you (up to the value of the Travel Products which you purchased when you made the Payment, and minus any refunds which have been issued to you by your Travel Provider) or will confirm in writing if we will issue a full or partial reimbursement of the Payment (minus any refunds which have already been issued to you by your Travel Provider, where applicable) for you to arrange replacement Travel Products.

9.3. Where we offer you the opportunity to accept replacement Travel Products from a different supplier, you are responsible for deciding whether or not to accept this alternative supplier and for assessing their suitability for your needs. If you decide:

9.3.1. to proceed with the alternative supplier, you will be invited to enter into a new booking contract with the alternative Travel Provider for the replacement Travel Products. Where you accept replacement Services:

9.3.1.1. this is in full and final satisfaction of any Claim you might have;

9.3.1.2. you will not be entitled to any other compensation or reimbursement from us, our representatives or our underwriters relating to the Insolvency of the original Travel Provider.; and

9.3.1.3. the arrangements with the alternative Travel Provider will be covered by our Service.

9.3.2. not to proceed with the alternative supplier, you can make a Claim for reimbursement of all or some of the Payment from us. You will not be entitled to any other compensation or reimbursement from us, our representatives or our underwriters.

9.4. In addition to the above, if you believe you have a Claim, you must notify us as soon as possible and no later than 72 hours after when your Booking should have been fulfilled (for example if you book tickets for a performance on 1st May then you have until 4th May to report non-fulfilment).

9.5. Please notify us of a Claim by email to dispute@repayd.com. Please provide your full name, contact details and (where applicable) Identification Number in all correspondence with us. As part of processing and assessing your Claim, we may request further information from you – see clause 8.3 for additional terms which apply.

9.6. If you fail to notify us of the Claim as required by these terms and conditions, we will not be liable to you for the Claim and you will have no rights against us, our representatives or our underwriters.

10. Claim Handling Process

10.1. Where you notify us of a Claim following the process set out above in clause 9 (i.e. where we have not been able to offer an alternative/replacement supplier or you have decided not to accept any alternative/replacement which we offer you), we will investigate the Claim within 28 days of the date that the Booking (or part of the Booking in the case of partial non-fulfilment) should have been fulfilled by the Travel Provider if the Travel Products had been delivered in accordance with the terms of the Booking.

10.2. If we find that the Claim is valid we will reimburse you all or part of the Payment relating to the Claim in full and final satisfaction of the Claim.  The maximum we will pay you is an amount equal to the Payment made by you in respect of the Booking which is the subject of the Claim (minus any refunds already issued to you by the Travel Provider, if applicable).

10.3. Once we issue the refund:

10.3.1. we will close the Claim; and

10.3.2. you shall not be entitled to any other compensation from us, our representatives, trustees or our underwriters.

10.4. If we find that the Claim is not valid (generally, this happens where the Claim is not related to the Insolvency of the Travel Partner, see clause 11, Limits on Claims, below), you will not be entitled to any reimbursement.

11. Limits on Claims

11.1. Each Claim will be investigated (see clause 10, Claims Handling Process, above).  Claims will only be reimbursed where they result from the Insolvency of the Travel Provider.

11.2. Except as set out in clause 11.1, we accept no responsibility for and have no liability for:

11.2.1. the Travel Products or their delivery;

11.2.2. for any act, omission, breach, misrepresentation, negligence or other failure on the part of the Travel Provider or any third party supplier;

11.2.3. your own acts or omissions or negligence which mean you have not been able to enjoy your Travel Products (this might include, without limitation, where you do not have or are missing travel documents, where you are delayed, or you have failed to obtain the necessary vaccinations to enjoy your Booking.) You will be treated as “no show” and will have no claim against us, our representatives or our underwriters.

12. Your Rights to Make Changes

12.1. If you need to make a change to your use of our Services please contact our Customer Services team (contact details can be found at the top of these Terms) and we will let you know if the change is possible.

12.2. If you wish to make a change to your Booking you must contact your Travel Provider. We cannot make changes to your Booking.

12.3. It is the Travel Provider’s responsibility to notify us of any changes to your Booking agreed between  you and the Travel Provider.  It is your responsibility to ensure these changes are accurate including any changes to the Payment amount we request from you, on behalf of the Travel Provider.  If you believe the Payment amount is incorrect, please notify your Travel Provider immediately.  Our Service covers the amount of the Payment made by you and so it is important that you check this is the correct amount you were expecting to pay.

12.4. It is the Travel Provider’s responsibility to update us of any changes agreed between you and the Travel Provider. We are not responsible for their failure to advise us of any changes and it is your responsibility to ensure Payment amounts are correct. This may include where the Travel Provider has changed the details of your Booking, for example the airport, destination or travel arrangements.

13. Your Rights to End the Contract With Us

13.1. You must contact the Travel Provider if you want to cancel your Booking. Your Travel Provider may charge you for the cancellation, they will confirm this to you.  

13.2. Once we have confirmed you are covered by the Service you do not have a right to cancel and obtain any refund from us, as your Travel Provider is paying us to make this service available to you.

14. Our Rights To Make Changes to Services and These Terms

14.1. We can always change a product or our Services:

14.1.1. to reflect changes in relevant laws and regulatory requirements;

14.1.2. to make minor technical adjustments and improvements which don’t affect your use of the Services.

15. Our Rights To Suspend Or Withdraw The Supply of Services

15.1. We can suspend the supply of Services to:

15.1.1. deal with technical problems or make minor technical changes; and

15.1.2. update the Services to reflect changes in relevant laws and regulatory requirements.

15.2. If we need to suspend supply, we will let you know in advance unless the problem is urgent or an emergency. If we need to suspend supply for more than four weeks, you can contact our Customer Services Team to discuss your options. You can contact our Customer Service Team by using the contact details in the Contact Information section above.

16. When We Can End Our Contract With You

16.1. We can end our contract with you and claim any compensation due to us (including enforcement costs):

16.1.1. If you don't make any payment to us when it's due and you still don't make Payment within seven (7) days of our reminding you that Payment is due;

16.1.2. If you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Services, for example, you fail to provide full delivery details;

16.1.3. if we reasonably suspect that you have given us false information;

16.1.4. to take reasonable steps to comply with the law, anti-money laundering, anti-terrorist financing legislation;

16.1.5. to implement minor technical adjustments and improvements, for example to address a security threat.

17. Our Liability To You If Something Goes Wrong

17.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

17.2. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

17.2.1. Unexpected and it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

17.2.2. Caused by an event which is outside of our reasonable control.

17.2.3. Something you could have avoided by taking reasonable action, including following our reasonable instructions for assembly, use or maintenance.

17.3. Except for where you bring a Claim (and, in which case our liability is limited as set out in clause 17.5), we are not responsible for or liable for your Booking or the Travel Products, as this is based on your contract with the Travel Provider and not with us and so you should raise any issues with your Booking or the Travel Products (other than a Claim) with the Travel Provider.

17.4. Our liability for providing you with our Service will not exceed the Payment amount which you have paid to us acting as agent for your Travel Provider (minus any refunds issued to you by your Travel Provider or by any payments provider (including a credit card company).

17.5. If you are an individual consumer, you agree that you will not use our Service for any commercial or business purposes.

17.6. If you are using our Service in connection with the operation of a business, you accept that we have no liability to you for you for any loss of profit, loss of business or sales, business interruption, loss of business opportunity or for any indirect or consequential losses.

18. Data Protection

18.1. You understand and accept that any personal data you provide to us will be used by us in accordance with our privacy policy, which you can find on our website: www.repayd.com/privacy-policy

19. Complaints

19.1. We hope you will enjoy your experience of our Services. If you are not satisfied or have a complaint, please contact us by email at: complaints@repayd.com

20. Other Important Terms Which Apply

20.1. We can transfer our contract with you, so that a different organisation is responsible for supplying Services. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

20.2. We may subcontract any  of our obligations under these Terms provided that we remain fully responsible for the performance of all obligations under these Terms and ensures that any subcontractor complies with all applicable terms and conditions of these Terms.

20.3. You can only transfer your contract with us to someone else if we agree to this.  If you need to change your Booking details you must first contact your Travel Provider, who may charge you a fee as a condition of agreeing to make changes. If your Travel Provider agrees then you may transfer your rights under these terms with our consent but we may charge you an admin fee. Your Travel Provider may also charge you a fee.

20.4. These Terms are the entire agreement between us and they supersede all other previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

20.5. You and we each agree that in entering into this agreement neither of us relies on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Nothing in these Terms will limit or exclude any liability for fraud.

20.6. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

20.7. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.

20.8. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

20.9. These Terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

21. Definitions

21.1. The following terms have the meanings specified below:

21.1.1. “Booking” means the contract relating to the Travel Products you have purchased from your Travel Provider.  The contract for the Travel Products is between you and the Travel Provider.

21.1.2. “Claim” means a claim by you against us under our Payment Processing Service due to the Insolvency of the Travel Provider which has resulted in a non-fulfilment or partial non-fulfilment of your Booking.

21.1.3. “Identification Number” means the identification number we send you in the confirmation email if we are able to offer you the Service.

21.1.4. “Insolvency” means where a Travel Provider unable to meet its financial obligations as falls due.  This includes situations where the Travel Provider takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.

21.1.5. “Payment”: means the monies paid or to be paid by you relating to the the Booking for Travel Products which you have paid or will pay to us acting as the agent for and on behalf of the Travel Provider.

21.1.6. “Service” means the protected processing service we provide to you to protect your Payment to a Travel Provider against the risk of the Insolvency of the Travel Provider.

21.1.7. “Travel Provider” means the party with whom you have made a Booking for Travel Products.

21.1.8. “Travel Products” means products or services purchased from a Travel Provider which might include, by way of example only tickets for travel, accommodation, transfers, excursions, flights or activities.

21.1.9. “you, your” means the customer who has entered into a Booking and has been directed to us to make Payment so as to receive the Service from us.