TERMS AND CONDITIONS OF PARKING AT THE PALMERSTON NORTH AIRPORT - PREMIUM CAR VALET PARK

Transcription

1 TERMS AND CONDITIONS OF PARKING AT THE PALMERSTON NORTH AIRPORT - PREMIUM CAR VALET PARK Last Updated 4 December 2017 Palmerston North Airport Limited ( PNAL ) provides travellers with a Premium Car Valet parking option (Valet Car Park). Use of the Valet Car Park on each occasion is available by bookings made on-line, by telephone or to PNAL or by arrangement upon arrival at the Valet Car Park. Every person entering the Valet Car Park with a motor vehicle ( the User ) is deemed to have accepted and be bound by these Terms and Conditions and the Valet Car Park Fee applicable on the day the Vehicle is Dropped Off at the Valet Car Park. These Terms and Conditions apply to all Users of the Valet Car Park except to the extent that PNAL may vary these Terms and Conditions for specific Users, in writing. The acceptance of a Booking or a Self Check-In Process gives the User the right to utilise the Valet Car Park in accordance with these Terms and Conditions subject to the following: 1. Definitions Additional Fees means Fees payable by the User for Additional Services. Additional Services means any Additional Services beyond those recorded in clause 3 below offered by PNAL and booked by the User. After Hours means any hours outside the hours which the Valet Car Park is open as described in clause 13 below. Booking means a telephone, or on-line Booking made with PNAL whereby a User reserves a space or spaces in the Valet Car Park. Concierge means the Concierge of the Valet Car Park. Credit Card means a Credit Card and any debit card to the extent such debit card can be utilised in the same manner as a Credit Card. Drop Off/Dropped Off means the delivery of the Vehicle by the User at the Valet Car Park. PNAL means Palmerston North Airport Limited.

2 PNAL Premises means all premises owned or under the direct control of PNAL. PNAL Website means the website operated and run by Palmerston North Airport Self Check-In Process means the check-in as described in clause 2.5 below. the Vehicle means the vehicle or vehicles owned or under the control of the User Dropped Off at the Valet Car Park. these Terms and Conditions means the within Terms and Conditions of Parking at Palmerston North Airport Premium Car Valet Park as amended from time to time. Uplift means the authorised removal of the Vehicle by the User or authorised third person from the Valet Car Park. User means the party who accepts these Terms and Conditions in relation to the Vehicle dropped off at the Valet Car Park. Valet Car Park means the Valet Car Park located at the eastern end of the terminal building through the double gates or such extended area as determined by PNAL from time to time. Valet Car Park Fee means the fee referred to in clause 2 below including any After Hours call out fee and where an Additional Fee is payable shall include such Additional Fee. 2. Parking Charge Payable 2.1 The User is to pay the Valet Car Park Fee applicable to the Valet Car Park as displayed from time to time on the PNAL Website and as may also be displayed from time to time within the Valet Car Park. The Valet Car Park Fee shall be payable using one or more of the following options: On-line by Credit Card at the time a Booking is made on-line At Drop Off (at the Concierge desk) by Credit Card or eftpos On Uplift (at the Concierge desk) by Credit Card or eftpos. 2.2 A surcharge will be levied on credit and eftpos card payments as displayed on the PNAL Website and/or displayed within the Valet Car Park. 2.3 Where the User pays the Valet Car Park Fee by Credit Card and owes PNAL, under these Terms & Conditions, a greater sum than the amount paid (including, however not limited to a situation where the period of the Booking is extended) then the User gives permission to PNAL to charge any such additional sum to the User s Credit Card. 2.4 If the Valet Car Park Fee is at any time owing by the User to PNAL then PNAL shall have a general lien upon and right of retention of the Vehicle parked in the Valet Car Park until such sums due by the User to PNAL have been paid in full. PNAL shall be entitled to deny the User access to the Valet Car Park and/or the ability to remove or have removed the Vehicle from the Valet Car Park until all such sums owing to PNAL are paid in full.

3 2.5 PNAL may make available to Users a Self Check-In Process whereby a User may, without making a Booking, Drop Off the Vehicle and complete a self check in form (without Credit Card details) utilising an envelope to be provided by PNAL which envelope must be placed in the slot within the desk of the Concierge including with a key/remote in accordance with clause 6.1 below. 3. The Service 3.1 The Valet Car Park service shall constitute: An undercover Drop Off space for the User s Vehicle and Uplift of the User s Vehicle An outdoor storage car Park bounded by security fences Under cover pedestrian access to and from the terminal building Any Additional Service offered by PNAL and booked by the User. 4. Oversize vehicles 4.1 Motor vehicles and those with trailers requiring more than one car park space may be permitted to use the Valet Car Park at the entire discretion of PNAL. Such Vehicles permitted to use the Valet Car Park shall be subject to an appropriate surcharge as determined by PNAL. 5. Parking Procedures 5.1 Users must not use the Valet Car Park for commercial purposes without the written consent of PNAL. 5.2 The User shall follow any instructions, directions or requirements given or made from time to time by PNAL relating to the use of the Valet Car Park including parking requirements within the Valet Car Park and access to or exit from the Valet Car Park. 6. Control of Cars 6.1 The User shall, at Drop Off, leave a key/remote with the Concierge or in the Self Check- In Process envelope, that shall unlock the Vehicle and allow for starting and movement of the Vehicle. 6.2 The User authorises PNAL, its employees or authorised agents to enter the Vehicle and relocate it to other secure PNAL parking spaces or, for the purpose of arranging Additional Services including, where required, leaving the Vehicle overnight at the premises of the provider of Additional Services which may from time to time be on property other than PNAL Premises. 6.3 In the event that for any reason, including due to a key/remote not being left with the Concierge or in the Self Check-In Process envelope as referred to in clause 2.5 above, PNAL cannot move the Vehicle or access the Vehicle as required by PNAL then it shall be entitled, at the sole cost of the User, to seek assistance from an appropriate party other than PNAL (for example the Automobile Association) to move and/or access the Vehicle. 6.4 In the event the Vehicle is left at the Valet Car Park without any Booking process having been completed or Self Check-In Process completed then PNAL shall be entitled to treat the Vehicle as abandoned and remove the Vehicle from the Valet Car Park and/or PNAL Premises with the cost of such removal and associated storage (if any) to be payable by the User.

4 6.5 PNAL shall not be responsible for any damage to the Vehicle caused as a result of PNAL exercising any of its rights referred to in clauses 6.3 and 6.4 above. 7. Liability 7.1 The User acknowledges that the Vehicle is fully insured for damage or theft from whatsoever cause arising while the Vehicle is in the possession of PNAL or any provider of Additional Services. 7.2 PNAL shall not be responsible for any damage or theft of the Vehicle unless resulting from the negligence or deliberate action of PNAL or any employee or authorised agent of PNAL and shall not be responsible for any damage or theft of the Vehicle while in the possession of the provider of any Additional Services. 7.3 Any liability incurred by PNAL pursuant to these Terms and Conditions shall be limited to the actual damage or replacement of the Vehicle and PNAL shall not be liable for any consequential or indirect losses whatsoever. 7.4 To the extent permitted by law PNAL shall not be liable whatsoever for any injury, loss or damage suffered by the User or any passenger of the User on PNAL Premises no matter how arising. 7.5 PNAL shall not be liable for the loss of any good, item or animal within the Vehicle while the Vehicle is in the possession of PNAL or any provider of Additional Services whether or not in breach of clause 20 below. 8. User s Obligations 8.1 The User will not do or allow to be done any act or thing which might in any way endanger the safety of or cause damage to: The Valet Car Park; Any other property of PNAL; Any property of any third party; any person. 8.2 The User shall indemnify in full PNAL for any damage caused by the User to any property owned by PNAL. 8.3 The User shall indemnify in full PNAL for any liability incurred by PNAL arising due to any damage caused by the User to any property owned by any third party or any injury to any third party. 8.4 The User shall indemnify in full any third party for any damage caused by the User to any property owned by any third party or any loss or injury incurred by any third party caused by the User. 8.5 The User shall indemnify PNAL in full against any liability that PNAL may incur whatsoever beyond liability the responsibility of PNAL incurred by PNAL in providing the services recorded within these Terms and Conditions arising notwithstanding the liability provisions and indemnities referred to in clause 7 above and this clause 8.

5 9. Variation 9.1 The within Terms and Conditions may be varied from time to time by way of update of these Terms and Conditions as displayed on the PNAL Website. 10. No Waiver 10.1 Waiver or failure to act on the part of PNAL regarding any breach of these Terms and Conditions shall not be a continuing waiver and shall not be constituted as a waiver of a breach of these Terms and Conditions. 11. Service of Notices 11.1 Any notice to be served upon the User may be served by attaching the notice to the vehicle or posting the same by ordinary prepaid post to the address of the User which appears in the record of the Motor Registration pertaining to the vehicle and shall be deemed to have been received and served on the day next following such posting Any notice to be served upon PNAL may be served by posting the same by ordinary prepaid post to Palmerston North Airport Limited, PO Box 4384, Palmerston North 4442, and shall be deemed to have been received and served on the day next following such posting. 12. Monitoring of Car Parks 12.1 CCTV surveillance may be in operation on PNAL Premises including in the Valet Car Park for security and operational monitoring purposes. 13. Hours of Operation 13.1 The Valet Car Park is available seven (7) days a week. The Valet Car Park will be open from 5:30am Monday to Saturday and from 7:00am Sunday, and will remain open each day until 30 minutes after the last scheduled flight arrives at, or departs from, the Airport If the gate or automatic door to the Valet Car Park are closed during the hours of operation, the User may phone 0508 PMRVALET for assistance The User can arrange After Hours access to the Valet Car Park by phoning 0508 PMRVALET for assistance. An After Hours call out fee of $ including GST shall be payable by the User where After Hours access to the Valet Car Park is required. 14. Additional Services 14.1 In the event that the User books Additional Services then the User gives permission to PNAL to arrange for the Vehicle to: Be delivered to any site at PNAL Premises or off PNAL Premises for the performance of Additional Services; and Leave the Vehicle overnight at the business premises of the provider of the Additional Services. The User gives permission to PNAL to charge Additional Fees to the User s Credit Card. Notwithstanding any other clause within these Terms and Conditions, PNAL shall not be responsible whatsoever for any damage caused to the Vehicle by the provider of any Additional Services or in the event the User determines that the Additional Services have not been performed to an appropriate standard.

6 15. Registered Owner 15.1 In the event that the User is not the registered proprietor of the Vehicle, the User warrants that the User does have permission on behalf of the registered owner of the Vehicle to utilise the Valet Car Park, be bound by these Terms and Conditions and agrees to indemnify in full PNAL for any liability incurred by PNAL due to a breach of this warranty by the User. 16. Breach 16.1 If the User is in breach of these Terms and Conditions, in PNAL s reasonable opinion, PNAL may at the User s cost take action it considers reasonably necessary to address that breach. 17. Uplift 17.1 Prior to Uplift PNAL reserves the right to require signing of an Uplift form as required by PNAL which shall be binding in all respects on the User. In the event that a third party completes the Uplift in accordance with clause 17.2 below then, in that case, the User authorises the third party to sign the Uplift form and agrees to be bound by the provisions contained in the Uplift form signed by the third party In the event that the Uplift of the Vehicle is not to be attended to by the User then: The User must arrange for this at either: Booking; or by to the Valet Car Park manager. PNAL will require the name and description of such third party and such third party will be required to provide to PNAL, on Uplift, their valid Driver s Licence for inspection and copy by PNAL. Notwithstanding this clause , at all times the Uplift by a third party shall remain at the total discretion of PNAL The User must provide PNAL with Credit Card details for payment of the Valet Car Park Fee. If for any reason, at the time of Uplift by a third party, PNAL has not been provided with Credit Card details then the third party completing the Uplift will be required to pay in full, at Uplift, the Valet Car Park Fee subject to the operation of clause 18 below, if applicable In the event that Uplift is required After Hours then the User must arrange for this by phoning 0508 PMRVALET for assistance. An After Hours call out fee of $ including GST shall be payable by the User where After Hours access to the Valet Car Park is required. 18. Booking Amendment, Refund and Cancellation 18.1 The User may amend or cancel a Booking, for any reason, at any time up to 24 hours before the Booking period commences, and a full refund (less the booking surcharge) will be made automatically No refund will be given for any amendment or cancellation of a Booking made by the User less than 24 hours before the Booking period commences.

7 18.3 Where the User wishes to cancel a Booking, the User must login to their Booking and select the Cancel Booking option Where the User wishes to amend a Booking, the User must first cancel the Booking as described at 18.3 and then create a new booking No refund will be given where the User s Vehicle is parked at the Valet Car Park for a period less than the Booking period If, after Drop Off, the flight of the User is cancelled or delayed, meaning the User wishes to Uplift the Vehicle prior to the end of the arranged period of use of the Valet Car Park and prior to a period of 5 hours elapsing from the time of Drop Off then, at the request of the User, PNAL will either: Make a refund (less the booking surcharge) if the Valet Car Park Fee has already been paid; Cancel the Valet Car Park Fee if it has not already been paid; however the User shall, in all circumstances, be liable to pay a minimum charge, as determined from time to time by PNAL. A refund will not be processed immediately but, rather, by the PNAL accounts payable team over the following working days. 19. Outdoor Storage Area Access 19.1 Under no circumstances may a User or any other party who wishes to Uplift the Vehicle or take access to the Vehicle, access that part of the Valet Car Park area that is not under cover unless supervised by an authorised employee of PNAL with it being acknowledged that one of the reasons for this restriction is to ensure security and maintain health and safety requirements. 20. Dangerous Items 20.1 Under no circumstances shall the User, or any person taking access to the Vehicle, leave in the Vehicle on Drop Off or at any time that the Vehicle is at the Valet Car Park, any weapon, dangerous item, prohibited item, illegal substance or animal. In the event that any such item is discovered by PNAL in the Vehicle then PNAL reserves the right to contact the Police or other agencies for examination and removal. 21. Access to the Vehicle 21.1 In the event that prior to Uplift the User wishes any party to have access to the Vehicle during the hours referred to in clause 13 above then: The User must arrange for this at either Booking; or By to the Valet Car Park manager; and access shall only be taken utilising the key/remote held by PNAL In the event, prior to Uplift, the User wishes any party to have access to the Vehicle, After Hours, then the User must arrange for this by phoning 0508 PMRVALET. An After

8 Hours call out fee of $ including GST shall be payable by the User where After Hours access to the Valet Car Park is required After Hours access to the Vehicle will not be available unless Credit Card details have been previously provided to PNAL and payment of the After Hours call out fee will be charged to the User s Credit Card with it being acknowledged that the User gives permission to PNAL to do so In the event access to the Vehicle, in accordance with either clause 21.1 or 21.2 above, is to be attended to by a party other than the User then PNAL will require the name and description of such third party to be provided to PNAL at either Booking or by to the Valet Car Park manager and such third party will be required to provide to PNAL valid photographic identification. Notwithstanding this clause 21.3, at all times access by a third party to the Vehicle prior to Uplift shall remain at the sole discretion of PNAL PNAL may require the User, or any third party taking access to the Vehicle in accordance with this clause 21, to sign an Access Form which shall require written confirmation of any item removed from the Vehicle during such access. In the event a third party takes access in accordance with this clause 21 then, in that case, the User authorises that third party to sign any Access Form and the User agrees to be bound by the provisions contained in the Access Form signed by the third party. 22. Spaces 22.1 The use of the Valet Car Park is subject at all times to space availability, hence PNAL recommends that Users make a Booking prior to Drop Off