Terms and Conditions for the Frequent Parker Program

The following terms and conditions as they may be amended from time to time (“Terms and Conditions”) apply to membership in the frequent parker program (“Program”) operated by Car Park Partnership Pty Ltd ACN 087 653 423 (“Park & Fly”) and the earning and redemption of Program points. Every member enrolled in the Program and every applicant for membership is bound by the Terms and Conditions. Please read the Terms and Conditions below before submitting your application.


A. MEMBERSHIP

1.     Membership in the Program is free and open to any individual, so long as applications are being taken by Park & Fly. Persons other than individuals (such as companies and government agencies) are ineligible for membership in the Program. Enrolment of several individuals in a single account under the Program and multiple enrolments by a single individual are not permitted.

2.     By submitting your application for membership in the Program you agree to be bound by the Terms and Conditions.

3.     Park & Fly reserves the right to reject any application for membership in the Program. If an application for membership is rejected, then any points accrued by the applicant through the use of temporary membership arrangements will automatically expire on notification to the applicant of the rejection of the application.

4.     Membership in the Program commences upon acceptance of the membership application by Park & Fly. Membership in the Program is not transferable.

5.     Each member in the Program may maintain only one account under the Program (“Member’s Account”). Neither a Member’s Account nor points accrued in a Member’s Account are transferable.

6.     Upon acceptance by Park & Fly of an application for membership in the Program, the member will receive a Program membership card (“Membership Card”). Prior to receipt of a Membership Card, an applicant for membership in the Program should use the temporary membership details emailed to them by Park & Fly upon receipt of the membership application. A Membership Card may only be used by the individual to whom it is issued or an individual nominated by the member but is not transferable from one membership to another. Membership Cards are the property of Park & Fly and must be returned upon termination of membership or earlier request by Park & Fly.

7.     In order to operate and maintain the Program, Park & Fly needs to collect and retain personal information provided by members in connection with the Program. This information may be used for marketing and communication purposes by Park & Fly. Members have the right to request (in writing) that Park & Fly not to use their personal information for direct marketing purposes.

8.     Members must notify Park & Fly of any changes in the personal information previously supplied to Park & Fly. Members can update their personal details (e.g. address or email address) online at Park & Fly’s website,www.parknfly.com.au by following the instructions on the website.

9.     Park & Fly reserves the right to audit the membership account of any member in the Program at any time for compliance with the Program and these Terms and Conditions without prior notice being given.

10.   Membership in the Program has no expiry date, however if no transactions are recorded in respect of the Member’s Account under the Program for 24 months from the end of the calendar month in which the last point accrual occurred, the member’s enrolment in the Program will automatically become inactive.

11.   Park & Fly reserves the right to terminate membership in the Program without notice for any reason including:
* failure of the member to comply with these Terms and Conditions;
* the member supplying any false or misleading information to Park & Fly;
* the bankruptcy of the member. 

12.   Members can cancel their membership in the Program at any time by delivering to Park & Fly written notification of cancellation together with the member’s Membership Card to Park & Fly.

13.   A member’s membership in the Program will terminate automatically upon the death of the member.

14.   In the case of the termination of a membership in the Program by Park & Fly or the cancellation by a member or the death of a member enrolled in the Program, points accrued by the member under the Program at the date of the termination, cancellation or death as well as any other benefits and privileges shall be forfeited without the member being entitled to compensation.

15.   A member must report to Park & Fly the loss (by theft or otherwise) or unauthorized use of his or her Membership Card. Park & Fly will not be liable to any member in the Program whose Membership Card is stolen, lost or given to a third party nor for any delay in the issue of a replacement Membership Card.

16.   Any tax, levy, duty or other liability arising from a member’s enrolment in the Program or from the accrual of points under the Program is the responsibility of the member. 

B. EARNING AND USE OF POINTS

1.     Points are the base units of measurement in the Program.

2.     Members of the Program who pay to park their vehicle at a Park & Fly car park shall have points credited to their Member’s Account according to the amount spent by the member with Park & Fly. Points accrued in a Member’s Account may not be exchanged for cash nor are they transferable with points in any other frequent flyer or buyer scheme.

3.     Members are required to log into their Member’s Account number at the time they make an online reservation and present their Membership Card when paying Park & Fly car parking fees to ensure that the points they earn are credited to their Member’s Account, namely in the multi deck facility. 

If members are parked in Park & Fly’s self-park facility, they are still able to earn points for their visit through an online claim. Members parked in Park & Fly’s self-park facility can only earn points manually, via an online claim and must ensure they keep their fee receipt for proof of payment and verification. If members have an existing reservation booking and they are parked in Park & Fly’s self-park facility, they will also be required to earn their points online and so should keep their fee receipt for verification. 

Where a member wishes to claim points under the Program in connection with the payment for parking at Park & Fly’s self-park facility, such a claim must be made within 90 days of the relevant use of the car parking facilities otherwise points for that use cannot be claimed

4.     Park & Fly has the right to change, update, add points to and subtract points from a Member’s Account at any time in accordance with these Terms and Conditions.

5.     Points for a member’s use of Park & Fly’s car parking facilities are earned and capable of redemption as follows: 


Points Accrual


*Only members of the Program can accrue points. 
*Members will earn $1 for every $10 spent during a single use of Park & Fly’s car parking facilities. 
*Points accrued on the date of checkout and are valid for 12 months from the end of the calendar month in which the accrual date occurs. 

* Points can only be earned once per usage of Park & Fly’s car parking facilities.
* Online reservations accrue points automatically on checkout if a member uses the Park & Fly multi deck car parking facility.
* Bonus points earned from promotions will be credited at the end of the promotional period.

Redemption of points accrued
* The minimum number of points which may be redeemed in any redemption transaction is 1 point. 

The table below summarises the points gained from parking transactions with Park & Fly and the redemption value of those points:

Spend ($)

Points Gained

Redemption Value ($)

$10

1

$1.00

$20

2

$2.00

$30

3

$3.00

$40

4

$4.00

$50

5

$5.00


*Online Redemptions: When a member books and redeems points online,

points will not be refunded for under stays or cancelations. However if you

provide Park & Fly with at least 3 days notice we will endeavour to have

the unused points credited to your account.  

 

6.     Park & Fly reserves the right not to award points for usage of car parking facilities where the usage is the subject of a promotion, special arrangement or discount which specifically excludes the accrual of points under the Program.

7.     Points will not be earned from the usage of redeemed points.

8.     Pooling of points with other members of the Program is not permitted and each membership under the Program can only be used personally by the relevant member or other individuals nominated during the booking.

9.     Points earned under the Program may be used as soon as they have been credited by Park & Fly to a Member’s Account. Points are only credited to a member once the parking transaction is paid for.

10.   Points earned under the Program will expire on the last day of the calendar month in which the 12 month anniversary of the date the points were earned occurs. For example, points earned under the Program on 7 July 2008 will expire on 31 July 2009.

11.   Points which are redeemed by a member in any redemption transaction will be the current points which have been earned earliest in time in the Member’s Account

12.   Points that have been earned under the Program which are due to expire need to be redeemed prior to the expiry date for those points, failing which they will be forfeited. The time to redeem points accrued will not be extended.

13.   Points accrued under the Program that have expired cannot be redeemed.

14.   Any points credited in error to a Member's Account or otherwise where the member was ineligible to accrue those points will be deducted from the Member’s Account upon discovery by Park & Fly.

15.   The sale or barter of points or other benefits under the Program is prohibited and will result in cancellation of the relevant points and/or other benefits. Members who breach this rule may also be liable disqualified from the Program.

16.   Documents submitted in connection with claims for points cannot be returned.

C. MEMBER’S ACCOUNTS

1.     Members may apply for a confidential personal identification number from Park & Fly (“PIN”) through the Park & Fly website. The PIN is needed for 'self-service' transactions and updating of member’s information such as personal data, point balance, reservations and transaction summary.

2.     Members shall keep their PIN confidential at all times and undertake not to divulge to another person or allow another person to use their PIN other than an authorized Park & Fly staff member.

3.     Members agree to be liable for all transactions conducted through the use of their PIN including those made without the member’s knowledge or consent. Members acknowledge that Park & Fly is under no obligation or duty to verify the authenticity of any person who performs transactions through the use of a valid PIN.

4.     Park & Fly will not be held liable for any loss, damage or expense incurred by a member however caused, where the same arises from any unauthorised disclosure or unauthorised use of their PIN.

5.     Members who have a PIN obtained from Park & Fly can view a statement of their Member’s Account at anytime through the Park & Fly website by logging into their Member’s Account using their PIN.

6.     In the event points earned under the Program which have not expired do not appear in a Member's Account, the member may contact Park & Fly atinfo@parknfly.com.au identifying their membership and providing sufficient documentary evidence of their usage and payment for usage of the relevant Park & Fly car parking facility (such as a copy of their receipt) together with a request for the relevant points to be credited to the Member’s Account. Members should allow three weeks for points earned to appear in their Member’s Account before contacting Park & Fly regarding the failure of the Member’s Account to show points earned.

7.     Requests to rectify a Member’s Account in relation to unrecorded points will only be considered if the member has identified himself or herself as a member under the Program with sufficient official record of his or her usage of and payment for usage of a Park & Fly car park facility.

8.     A written statement issued by Park & Fly as to the current balance of points in a Member’s Account shall be final and binding on the member as to the number of points accrued and available for used by the member as at the date specified in the written statement issued by Park & Fly.

D. GENERAL CONDITIONS

1.     Park & Fly may change these Terms and Conditions and the rules for the Program, including those relating to points accrual and redemption and the value of points accrued, without prior notice and at its discretion, even though such changes may affect the value of points accumulated at the time of the change.

2.     Park & Fly reserves the right to terminate the Program or any part thereof, at any time without prior notice, even though termination may affect a member's right to accrue points or redeem points. Park & Fly is not liable to members for any loss of value or benefits that may arise as a result of any changes made to the Program.

3.     Any change to these Terms and Conditions or the rules for the Program or any decision by Park & Fly to terminate the Program will be notified by Park & Fly to members by Park & Fly posting on its website the relevant information.

4.     Members are responsible for keeping themselves informed of the current Terms and Conditions of the Program which are posted on the Park & Fly website. Continued participation in the Program by a member will be regarded as acceptance of any changes to the Terms and Conditions.

5.     It is the responsibility of members to keep their mailing address and email address up-to-date. Any communication sent to members will be regarded as delivered when posted to the mailing address or emailed to an email address last supplied by the member to Park & Fly. Park & Fly will not be responsible for any delayed, misdirected or lost mail. Any change in the members' mailing address or email address must be updated online.

6.     Park & Fly may assign or deal with its rights in relation to any member’s membership in the Program in favour of any of its subsidiaries, subcontractors or appointed agents to carry out any of its obligations under the Program and shall be entitled to subcontract its obligations under the Program. Park & Fly shall be entitled to provide personal information supplied by a member to any of its subsidiaries, subcontractors or appointed agents to carry out any of its obligations under the Program. Park & Fly shall not be responsible to a member for any delay in performance by or non-performance by it or any of its subcontractors or agents due to causes beyond reasonable control.

7.     Park & Fly reserves the right to interpret and apply the Terms and Conditions as posted on the Park & Fly website. All decisions made by Park & Fly shall be final and conclusive in each case.

8.     These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales.

Park & Fly Management
Oct 2010