TERMS & CONDITIONS
Timing of Services.
Flypark Limited undertakes to carry out and complete the services at the nearest possible time requested by the customer, however, no responsibility will be taken for the vehicles state of cleanliness (excepting where workmanship is the fault), if flights are delayed, incorrect arrival times are given, incorrect instructions are given, or for any other reason outside of Flypark Limited’s control. From time to time there may be slight unforeseen delays in shuttle availability due to our other customer’s flight arrivals and departures, airport traffic congestion (especially public holidays. Flypark take no responsibility in that situation. It is your responsibility to manage your appropriate arrival time at Flypark.
Flypark Limited’s premises means and includes all or any land and/or buildings which are owned or leased by Flypark Limited or of which Flypark Limited has a right of use or occupancy. The premises used for storage of the customer’s vehicle and the movement of the vehicle between premises shall be at the discretion of Flypark Limited.
Damage or Loss.
The vehicle and all its contents remain at all times at the customer’s risk in respect of loss or damage however caused. Insurance is your responsibility. Flypark Limited shall be under no liability to the customer or anyone else for any special, incidental, indirect, or consequential loss or expense (including loss of profit) suffered by the customer and arising out of a breach by Flypark Limited or loss or damage to the vehicle or its contents. Flypark Limited will not be responsible for removal of any vehicle or infringement notice costs for any vehicle parked at Flypark Limited designated parking areas and whether the vehicle is booked or otherwise.
In the event of loss of customers keys where our video system shows beyond doubt that the customers keys were left at the Flypark premises our liability is restricted to five hundred dollars ($500) any one loss.
In the unlikely event we misplace your key we recommend
1. You carry a spare set of keys in the unlikely event we should misplace your keys.
2. We have a period of grace of 10 days to trace your keys before becoming responsible for their replacement up top our limit of liability of $500.
The customer agrees that it is their responsible to have their vehicle fully insured whilst in the possession of Flypark. The customer gives permission for Flypark employees to drive their vehicle to nearby Flypark parking facilities. It is further agreed that the customers insurance is deemed to cover the employees of Flypark whilst driving their vehicle during any transit between Flypark locations. In the event of any accident to the customers vehicle occurring during transit between locations the customer will claim all losses on their insurance. In the event that a Flypark employee is found at fault then Flypark will reimburse the customer all their uninsured losses such as any excess applicable, loss of no claims bonus or other reasonable expenses incurred as a result of the accident.
Customers obligation to Flypark.
The customer agrees to arrive at Flypark allowing minimum of 1 hour 15 minutes to allow for processing time to check-in at Flypark and airport check-in, pay for parking, luggage transfer to the shuttle and then to be taken to the airport. Airlines generally recommend arriving at the airport 1(one) hour prior to departure for domestic flights and 3(three) hours prior to departure for international flights.
The customer agrees that the vehicle being stored is of roadworthy condition, is registered and has a current Warrant of Fitness (W.O.F). The vehicle suffers no defects or dangerous conditions that may cause harm or damage to any other person or vehicle.
Hours of Operation.
We operate 24 / 7 except for Christmas Day when we are closed.
In every case payment shall be due at the time of the provision of the services and prior to the return of the customer’s vehicle. Credit facilities are not available. Payment by Eftpos, VISA or Mastercard are accepted. American Express is not accepted. Cheques and cash only accepted with prior approval by Flypark Limitedâ€™s management. Cash is a security risk for our staff so for their safety please do not offer cash.
You are welcome to pay by direct credit. Our bank account is 01-0215-0102207-00. Please quote your car registration number as your reference.
Consumer Guarantees Act.
Nothing in these terms and conditions shall override the provisions of the Consumer Guarantees Act (“the Act”) in HOWEVER, that in every case where goods and/or services are provided by Aviation for the purposes of a business then the provisions of the Act and all other terms, warranties, respect to any contract to which the Act shall apply. PROVIDED conditions implied by statute or under any other rule of law whether in tort or in contract are expressly excluded.
Fee structure and billing cycle.
Flypark Limited operate on a 24hour billing cycle (or part thereof) from midnight to midnight of that calendar day (12.01am to 12.00am). Part day billing is not available. A minimum charge of $25.00 is applicable to any vehicle stored at Flypark. Long term rates are reduced in fee structure and do not allow for multiple trips to and from the airport or any other location. Flypark will transfer the customer two and from the airport once in the term of storage. Further shuttle services are available for interim use of vehicles stored at Flypark for an additional charge of $10.00. Passengers returning without prior notification and are due a refund will be refunded the unused portion of the storage cost less $25.00 service fee. Rates and charges may be altered at any time by Flypark.
Flypark Limited is a specialist indoor and undercover parking provider. Outdoor uncovered parking is available until booked out. Outdoor parking is safe and secure but is less secure than indoor parking and therefore Flypark management recommend indoor parking for all vehicles of high value. Bookings for outdoor parking are based on demand, outdoor parking is filled in a first come, first served basis and space allocation cannot be guaranteed.
DEFINITIONS & INTERPRETATION
Words importing natural persons include partnerships, bodies, corporate, associations, governments and governmental and local authorities and agencies.
A reference to a party includes its executors, administrators, successors and permitted assigns.
A reference to these Terms and Conditions includes a reference to the document as amended or replaced at the sole discretion of Air NZ.
A reference to “we”, “our” “ourselves” or “us” means Flypark/Contractor.
A reference to “you”, “your” or “yourself” means the person who is the Client.
2. CLIENT'S OBLIGATIONS
2.1 Your Vehicle and any articles or personal belongings inside it are left at your risk.
2.2 The Client shall pay all applicable Fees prior to the collection of the Vehicle. Our current schedule of Fees is available from flypark.co.nz or from 58 Ascot Road, Airport Oaks. This schedule may change from time to time.
2.3 If Flypark/Contractor’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Client, its agents, subcontractors, consultants or employees, Flypark/Contractor is not liable for any costs, charges, damages or losses incurred by the Client arising directly or indirectly from such prevention or delay.
2.4 You must arrive at the Car Park in sufficient time for you to be transferred to the terminal by shuttle. Flypark accepts no responsibility for any missed flights or delayed travel as a result of your failure to do so.
2.5 The Client acknowledges that where the verbal or written consent of the Client is required to perform Maintenance and has not been obtained after reasonable attempts to contact the Client, the Maintenance shall not be completed.
3.1 Flypark/Contractor acts as a booking agent between the Client and the Preferred Supplier in respect of Maintenance. We make no warranties or representations as to the work carried out by the Preferred Supplier and accept no liability for the Preferred Supplier’s performance or non-performance in relation to Maintenance.
3.2 Where the Client agrees to use a Preferred Supplier to carry out Maintenance the Client agrees to be bound by the Preferred Supplier’s terms and conditions in addition to these Terms and Conditions.
3.3 Where the Client arranges work to be carried out by a service provider that is not one of Flypark/Contractor’s Preferred Suppliers, the Client is solely responsible for any liabilities, claims, costs, charges, damages or losses incurred by the Client arising directly or indirectly out of or in connection with the performance of such work including (without limitation) the collection or delivery of the Vehicle from or to the Premises.
4.1 We undertake to perform the Flypark Parking Services with reasonable care and skill. To the fullest extent permitted by law, we shall not be liable whether in negligence or any other tort or in contract or on any other basis whatsoever for:
(i) Any loss or destruction of, or diminution of value or damage to, the Vehicle or any articles or personal belongings inside it unless such destruction, loss of or damage is solely and directly due to the wilful misconduct of Flypark/Contractor; or
(ii) Any delay in transporting you, your vehicle and/or other passengers accompanying you between the Airport and the Premises; or
(iii) Any consequential or indirect loss whatsoever arising from or in connection with, any of the matters or things referred to in 4.1(i) or (ii) above (including, without limitation, loss of profit or loss of market), in any circumstances and for any reason whatsoever.
4.2 In the cases where liability has not been effectively excluded, whether by these Terms and Conditions or by statute, or otherwise, the total liability of Flypark/Contractor to the Client or to any other person shall be limited, at Flypark/Contractor’s option, to: (i) supplying the Flypark Parking Services again; or (ii) payment of the cost of supplying the Flypark Parking Services.
4.3 While we shall take all reasonable care to keep the Premises safe, we cannot guarantee the security of your Vehicle while at the Premises.
4.4 We will not be liable for any loss or damage caused by your Vehicle. You are liable for any destruction, loss or damage caused by your Vehicle to other persons or property, including our property.
4.5 We accept no liability for any loss or damage to any article or personal belongings left in our custody or control. Our employees are not authorised to accept any of your personal belongings for safe custody, except the keys to your vehicle.
4.6 These Terms and Conditions including any exclusion or limitation of liability shall apply to and be for the benefit of the Related Operators, our subcontractors, agents, employees and representatives to the same extent as they apply to us. The aggregate amount recoverable from us, the Related Operators, our subcontractors, agents, employees and representatives shall not exceed the amount of our limit of liability at clause 4.2.
5. WARRANTY AND INDEMNITY
5.1 The Client warrants that the Client is either the owner or the authorised agent of the owner of the Vehicle and by agreeing to these Terms and Conditions you accept these Terms and Conditions as or for the Client as well as for all other persons on whose behalf the Client is acting.
5.2 Without limiting the generality of clause 5.1, the Client warrants and agrees that the Client and the Vehicle owner (if the Client is not the owner) releases and indemnifies Flypark, Contractor, and the representatives, agents, employees, directors, and officers of Air NZ and Contractor from and against all and any liabilities, claims, damages, losses, costs and expenses arising out of or in any way connected with the Vehicle its accessories, contents or the provision of the Flypark Parking Services in respect of the Vehicle except to the extent that such liabilities, claims, damages, losses, costs and expenses are directly and solely caused by the wilful misconduct of Flypark/Contractor.
6. AUTHORITY IN RESPECT OF THE VEHICLE
The Client authorises Flypark/Contractor and its staff, agents, employees, subcontractors to perform any act that Flypark/Contractor deems to be necessary for it to supply the Flypark car storage, parking services, including without limitation, the following:
(i) Entering the Vehicle.
(ii) Driving the Vehicle within the Premises or to any location outside the Premises to enable Flypark/Contractor to supply the Flypark Parking Services. The Vehicle may be shifted between locations in the Car Park during the time the Flypark Parking Services are performed.
(iii) Adjusting the driver seat position/mirror position for any purpose that is deemed necessary to transport the Vehicle safely and/or complete Grooming correctly.
7. AUTHORITY TO RELEASE VEHICLE
7.1 The Client authorises Flypark/Contractor to grant access to the Vehicle or release the Vehicle to any person who produces satisfactory verification that the person is the owner or has authority or is entitled to possession of the Vehicle.
7.2 The Client releases and agrees not to hold Flypark/Contractor liable for delivering the Vehicle to any person, provided clause 7.1 is satisfied.
8. LIEN and ABANDONMENT
8.1 The Client agrees that Flypark/Contractor has a contractual lien in respect of the Vehicle and all goods in or attached to the Vehicle (‘Lien’), for all Fees due and unpaid in respect of the Vehicle under these Terms and Conditions.
8.2 The Client agrees that Flypark/Contractor, at its discretion, may exercise the Lien in respect of any Fees due and unpaid and may retain the Vehicle and/or any goods in the Vehicle and serve written notice on the Client requiring immediate payment of the Fees.
8.3 If the Fees have not been paid within 21 days of Flypark/Contractor serving written notice to the Client pursuant to clause 8.2, Flypark /Contractor may, after making reasonable attempts to contact the Client/owner, sell the Vehicle and/or the goods in the Vehicle by auction or otherwise at the sole discretion of Flypark/Contractor and the proceeds may be applied to or in satisfaction of the Lien. If after deduction of all monies owing to Flypark/Contractor including the expenses of sale there is surplus balance of sale proceeds, such surplus shall be accounted for by Flypark/Contractor, at its option, to either the Client or the owner of the Vehicle upon presentation of satisfactory proof of ownership.
9. CREDIT CARDS
9.1 If the Client wishes to pay their parking fees by Credit Card, the Client agrees to provide Flypark/Contractor with the number of the Client’s Credit Card for the purposes of charging that Credit Card in respect of all Fees payable for Flypark Services provided. The Client further agrees to provide such additional Credit Card or cards where the Credit Card referred to above is cancelled or expired or where Flypark/Contractor reasonably makes a request to that effect. Flypark also reserves the right to charge the cost of any financial fee charged by your credit card provider.
9.2 The Client authorises Flypark/Contractor to charge the Credit Card in respect of all Fees and amounts payable from time to time in connection with the Flypark Car storage, cleaning and any other associated services.
9.3 The Client warrants that the Credit Card is issued in his or her name and that he/she is responsible for all amounts credited to that Credit Card for Flypark performed, or that in the case of the Credit Card being a joint Credit Card, the named persons will be jointly and severally liable for the amounts credited to the Credit Card.
10. CONSUMER GUARANTEES ACT
10.1 Nothing in these Terms and Conditions shall affect any rights you may have under the Consumer Guarantees Act 1993 (New Zealand) if it is applicable.
10.2 If you acquire or hold yourself out as acquiring for the purposes of a business any services to which these Terms and Conditions apply, the provisions of the Consumer Guarantees Act 1993 (New Zealand) shall not apply to our supply of such services.
Flypark/Contractor shall be entitled to subcontract on any terms, the whole or any part of the Flypark Storage, Cleaning and Parking Services.
12. NO AMENDMENT
No employee or agent of Flypark/Contractor has any authority to amend, cancel or otherwise alter these Terms and Conditions.
13. GOVERNING LAW AND INVALIDITY
13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. The Client agrees to submit to the exclusive jurisdiction of the New Zealand Courts.
13.2 If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
14. PERSONAL INFORMATION
14.1 Personal information you provide in connection with Flypark is recorded by or on behalf of Flypark/Contractor. Certain details, including without limitation, your name, car registration number, credit card account details, travel details and/or purchases of Flypark Parking Services, may be passed between Flypark, Contractor and third party agencies in order to provide Flypark, conduct marketing activities and research and to facilitate the operation of Flypark.
14.2 When you provide personal information to us in connection with Flypark, you are deemed to have consented to the collection, storage, disclosure and use of such personal information by us in the manner described in these Terms and Conditions.
14.3 The collection, storage, disclosure and use of your personal information are subject to applicable laws including the Privacy Act 1993 (New Zealand). You have the right to access your personal information recorded by us and have it updated or corrected as necessary.
15. FORCE MAJEURE
Flypark/Contractor shall have no liability to the Client if it is prevented from, or delayed in performing, the services by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) industrial disputes (whether involving the workforce of Air NZ/Contractor or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
16. VARIATIONS TO TERMS AND CONDITIONS
Flypark reserves the right to amend these Terms and Conditions at any time, in its sole discretion. Any amendments to these Terms and Conditions will be effective immediately upon posting on our website. It is your responsibility to check for amendments before using Flypark.