NZTVL Limited is the business owner and operator of the “Apark – Auckland Airport Park and Ride Business”. NZTVL Ltd does not own the land and building at 57 Pavilion Drive, Mangere, Auckland. NZTVL Ltd take full responsibility to run this business professionally. This business is totally separated from the land owner – Apark Ltd. As the property owner, Apark Ltd simply leases the land and building to NZTVL Ltd without any business ownership and without any business and operation responsibility and liability. NZTVL Limited’s business “Apark – Auckland Airport Park and Ride Business” is also known as a shorter name: Apark. In anywhere associated with this business, Apark means “Apark – Auckland Airport Park and Ride Business” or Apark represents “NZTVL Limited” or “NZTVL Limited’s business – Apark – Auckland Airport Park and Ride Business”. Apark doest not represent Apark Limited in any situation associated with this business.
Subject to these Terms and Conditions, NZTVL Limited Airport Parking (“Apark – Auckland Airport Park and Ride”), its’ agents, staff, representatives, subcontractors and or any person appointed by NZTVL Limited will take due care in providing parking or cleaning services and or any other services requested from time to time by the customers (“the services”) in accordance with proper standards of workmanship.
Vehicles stored and driven is totally at the vehicle owners risk.
Timing of Services. NZTVL 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 NZTVL Limited’s control. From time to time there may be slight unforeseen delays in shuttle availability due to other customer’s flight arrivals and departures and NZTVL Ltd take no responsibility in that situation.
Premises. NZTVL Limited’s premises means and includes all or any land and/or buildings which are leased by NZTVL Limited or of which NZTVL Limited has a right of use or occupancy. The premises used for storage of the customer’s vehicle and the movement of the vehicle within the premises and between premises to airports or related destinations at the discretion of NZTVL Limited.
Damage or Loss. The vehicles and all its contents associated with the vehicles remain at all times at the customer’s risk in respect of loss or damage occurred during the period parking at NZTVL premises, except to the extent of a claim for loss or damage accepted and paid by NZTVL Limited’s Public Liability insurers (if any). NZTVL 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 NZTVL Limited or loss or damage to the vehicle or its contents. NZTVL Limited will not be responsible for removal of any vehicle or infringement notice costs for any vehicle left unattended or un-receipted by whether inside or outside of NZTVL Limited designated parking areas and whether the vehicle is booked or otherwise.
In the event of misplacement of keys the customer agrees that they, the customer, has a spare key available and in the event of such misplacement will make this key available. Apark will provide all assistance in lending a vehicle to obtain the spare key. If the key is not found within one week then Apark will treat this as a lost key.
In the event of loss of customers keys where our system shows beyond doubt that the customers keys were left at the Apark premises our liability is restricted to four hundred dollars ($400) any one loss. In all respects to damage or loss the customers own insurance is to cover the vehicle at all times.
Insurance. The customer agrees that it is their responsible to have their vehicle fully insured whilst in the possession of Apark. The customer gives permission for Apark employees to drive their vehicle to nearby Apark parking facilities. It is further agreed that the customers insurance is deemed to cover the employees of Apark whilst driving their vehicle during any transit between Apark 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 Apark employee is found at fault then Apark will reimburse the customer for their insurance excess up to maximum amount of $400.
Customers obligation to Apark.
The customer agrees to arrive at Apark allowing a minimum of 1 hour (we suggest 1 hour 15 minutes for Jetstar)processing time to check-in at Apark, pay for parking, luggage transfer to the shuttle and then to be taken to the airport. To clarify you should arrive at Apark for a domestic flight no later than 1 hour 15 minutes before your departure time and 3 hours for an international flight. 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. Apark does not accept any responsibility and liability for any damage, loss, delay or any other liability as a consequence due to the customer does not meet their obligations.
Hours of Operation. Apark provide car storage 24/7, and our staff will provide free shuttle transfer between Apark premises to airport at any required time for online booking customer if the booking being before 18:00 pm in the previous day of arrival. However, we may not be able to provide shuttle service to customer outside the time between 5:00am to 23:59pm if the notice was not given before 18:00pm in the previous day of arrival. We accept online transfer when booking and EFTPOS payment on arrival. Credit card and cash payment will be charged for 3% handling fees.
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. Apark operates on a 24 hour 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 $35.00 is applicable to any vehicle stored at Apark. Long term rates are reduced in fee structure and do not allow for multiple trips to and from the airport or any other location. Apark will transfer the customer to and from the airport once in the term of storage. Further shuttle services are available for interim use of vehicles stored at Apark 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 Apark.
Outdoor Parking. Apark is a specialist outdoor uncovered parking service. Bookings for outdoor parking are taken but due to demand,outdoor parking is filled in a first come, first served basis and space allocation cannot be guaranteed.
DEFINITIONS & INTERPRETATION
a. ‘Airport’ means the airport known as Auckland International Airport, domestic and international.
b. ‘Apark’ means NZTVL Ltd’s business: Apark – Auckland Airport Park and Ride Business
c. ‘Apark/Contractor’ means Apark, and/or its Contractor, who provides the Apark Parking Services as applicable.
d. ‘Apark Parking Services’ means the services offered by Apark/Contractor to the Client, including the moving and parking of the Vehicle and any other services in respect of the Vehicle agreed to on occasions by Apark/Contractor such as Grooming and Maintenance.
e. ‘Car Park’ means the parking space used to park the Vehicle in Auckland.
f. ‘Contractor’ means anyone contracted to subcontracted in writing to NZTVL Limited.
g. ‘Credit Card’ means a valid credit card issued by a financial institution in the name of the Client and supplied to Apark/Contractor to charge the Fees incurred.
h. ‘Client’ means any person at whose request or on whose behalf, Apark/Contractor agrees to provide the parking Services pursuant to these Terms and Conditions.
i. ‘Fees’ means fees set by Apark/Contractor or Preferred Supplier for the Apark Parking Services.
j. ‘Grooming’ means the cleaning of the Vehicle as agreed between the Client and Apark /Contractor.
k. ‘Maintenance’ means repairs and other maintenance services carried out by a Preferred Supplier at the Client’s request and subject to these Terms and Conditions in addition to those of the Preferred Supplier.
l. ‘Preferred Supplier’ means the suppliers that Apark/Contractor choose to use to carry out Maintenance.
m. ‘Premises’ means any place or places nominated by Apark/Contractor where the parking services are performed from time to time and includes the Car Park and the pick-up and drop-off points specified by Apark/Contractor.
n. ‘Related Operator’ means a subsidiary of NZTVL Ltd which may operate the Valet Parking Services on behalf of NZTVL Ltd.
o. ‘Terms and Conditions’ means the terms and conditions set out in this document, as varied from time to time at the sole discretion of Apark/Contractor.
p. ‘Vehicle’ means the motor vehicle which the Client delivers to Apark/Contractor for the purposes of receiving the Parking Services and includes its parts, components and accessories.
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 Apark/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 airportpark.co.nz . This schedule may change from time to time.
2.3 If Apark/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, Apark/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. Apark 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 Apark/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 Apark/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 Apark 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 Apark/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 Apark/Contractor to the Client or to any other person shall be limited, at Apark/Contractor’s option, to: (i) supplying the Apark Parking Services again; or (ii) payment of the cost of supplying the Apark 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 Apark, 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 Apark 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 Apark/Contractor.
6. AUTHORITY IN RESPECT OF THE VEHICLE
The Client authorizes Apark/Contractor and its staff, agents, employees, subcontractors to perform any act that Apark/Contractor deems to be necessary for it to supply the Apark 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 Apark/Contractor to supply the Apark Parking Services. The Vehicle may be shifted between locations in the Car Park during the time the Apark 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 Apark/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 Apark/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 Apark/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 Apark/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 Apark/Contractor serving written notice to the Client pursuant to clause 8.2, Apark /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 Apark/Contractor and the proceeds may be applied to or in satisfaction of the Lien. If after deduction of all monies owing to Apark/Contractor including the expenses of sale there is surplus balance of sale proceeds, such surplus shall be accounted for by Apark/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 the Fees by Credit Card, the Client agrees to provide Apark/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 Apark 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 Apark/Contractor reasonably makes a request to that effect.
9.2 The Client authorises Apark/Contractor to charge the Credit Card in respect of all Fees and amounts payable from time to time in connection with the Apark 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 Apark 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.
Apark/Contractor shall be entitled to subcontract on any terms, the whole or any part of the Apark Storage, Cleaning and Parking Services.
12. NO AMENDMENT
No employee or agent of Apark/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 Apark is recorded by or on behalf of Apark/Contractor. Certain details, including without limitation, your name, car registration number, credit card account details, travel details and/or purchases of Apark Parking Services, may be passed between Apark, Contractor and third party agencies in order to provide Apark, conduct marketing activities and research and to facilitate the operation of Apark.
14.2 When you provide personal information to us in connection with Apark, 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
Apark/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
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 Apark.