Point Parking Pty Ltd T/as Park & Fly
These are the terms (“Terms”) upon which we accept internet bookings on this website and the rules that you must follow to park at our Car Parks.
It is important that you read and understand these before making your booking. By making your booking on this site, you accept to be bound by these Terms.
By entering this Car Park (subject to clause 1), you (and all those claiming through you) accept that a contract is formed between us on the terms and conditions (“Terms”) (and no other) set out below:
If you do not accept these Terms you and the vehicle in which you entered (“Vehicle”) must immediately leave the Car Park. If you leave immediately, you will not be charged a parking fee.
You must comply with all rules and directions displayed within the Car Park and any directions given to you by our staff. You may only park in an area marked (“Reserved”) if that area is reserved for the Vehicle or you are otherwise authorised by us to park in that area.
We warrant that any services provided by us will by rendered with due care and skill. We make no other express warranties in relation to the services we provide. All other warranties, representations and conditions relating to the services (whether express or implied and whether arising in contract, at common law or under statute) are to the maximum extent permitted by law expressly excluded.
You acknowledge that our liability under any statutory right or any condition or warranty implied by the Trade Practices Act, 1974 (or similar state legislation) which cannot be excluded is to the extent permitted by law limited, at our option, to the re-supply of the services or the payment of the cost of having the services supplied again.
You acknowledge that we are not liable to you (or any passengers in the Vehicle, or any other party) for any loss, damage, injury or any incidental, indirect, special, consequential or economic loss or damage (including loss of opportunity exemplary or punitive damages) whether to person or property (including the vehicle) and whether arising from default, negligence, misconduct or otherwise by us, our employees and agents.
If you leave the keys to the Vehicle with us, we may deliver the Vehicle to any person producing the ticket issued to you or producing other evidence of entitlement satisfactory to us.
You must pay us all parking fees and other costs which we may incur in relation to the Vehicle upon demand. A further parking fee is payable each time the Vehicle enters the Car Park. If you lose or fail to present a ticket required to be presented when leaving the Car Park, you will be charged the maximum amount.
Without limiting the general and/or particular lien we have over the Vehicle left in the Car Park (Which liens are expressly preserved), we reserve the right to retain possession of the Vehicle until all parking fees and other costs incurred by us in respect of the Vehicle have been paid. Parking fees will continue to accrue during the period that we retain the Vehicle until we recover all fees and costs. While the vehicle is retained by us, we may remove it anywhere at your cost. If amounts due to us remain unpaid after 30 days, you agree that we can sell the Vehicle and you agree to take all steps required by us to permit us to do so.
We reserve the right to enter the Vehicle and move it. You agree that we have no liability for any loss or damage caused as a result of entering and moving the Vehicle.
In accordance with child restraint laws, effective from 1st Mar 2010, Park & Fly will not be able to transport children under 12 months of age in the Park & Fly vans. All children under the age of seven will require a suitable and legally approved child restraint in order to travel in the Park & Fly van. Park & Fly reserves the right to disallow transportation to any child and parent, in the event the child restraint laws cannot be adhered to during the time of transit, under any circumstance. For more information regarding Park & Fly’s child transit policy, please click here.
You are liable for any damage caused by you or the Vehicle to the Car Park including, but not limited to, any damage caused by oil or other substances which leak from the Vehicle.
You indemnify us and agree to keep us indemnified against all losses which we may suffer arising from or in any way relating to:
(a) A breach of these Terms by you
(b) The Vehicle
(c) The use of the Car Park by you, passengers of the Vehicle or any other person with your authority