1. Definitions & Interpretation
‘Airport‘ means the airport known as the Hobart International Airport in Cambridge, Tasmania where the Valet Parking Services are provided.
‘Conditions of Entry’ means the conditions to which the entry into any car park at the Airport is made subject from time to time.
‘Customer’ means the person named as such on the form at the front of these Terms and Conditions.
‘Fees‘ means fees set by HIAPL and/or the HIAPL Contractor for the Valet Parking Services.
‘HIAPL’ means Hobart International Airport Pty Ltd (ABN 27 080 919 777) and includes, where the context permits, HIAPL’s employees.
‘HIAPL Contractor‘ means HIAPL, Secure Parking and includes any contractor who HIAPL engages from time to time to provide the Valet Parking Services and includes, where the context permits, the HIAPL Contractor’s officers, agents, subcontractors, representatives, consultants or employees.
‘Related Body Corporate’ has the meaning given in clause 9 of the Corporations Act 2001 (Cth).
‘Terms and Conditions‘ means the terms and conditions set out in this document as varied from time to time at the sole discretion of HIAPL.
‘Valet Car Park Area’ means any place or places nominated by HIAPL where the Valet Parking Services are performed from time to time and includes the indoor and outdoor parking area and the pick-up and drop-off points specified by the HIAPL and/or the HIAPL Contractor.
‘Valet Parking Services‘ means the services offered by the HIAPL Contractor to the Customer, including the moving and parking of the Vehicle, cleaning or washing services and any other services rendered in respect of the Vehicle.
‘Vehicle‘ means the motor vehicle which the Customer delivers to the HIAPL Contractor for the purposes of receiving the Valet Parking Services as detailed on the form at the front of these Terms and Conditions and includes its parts, components and accessories.
2.1. Words importing natural persons include partnerships, bodies corporate, associations, governments and governmental and local authorities and agencies.
2.2. A reference to a party includes its executors, administrators, successors and permitted assigns.
2.3. A reference to these Terms and Conditions includes a reference to this document as amended or replaced at the sole discretion of HIAPL.
2.4. “Including” and similar expressions are not words of limitation.
3. Customer’s Obligations
3.1. The Vehicle and any articles or personal belongings inside it remain at all times at the Customer’s own risk.
3.2. The Customer must pay all applicable Fees prior to the collection of the Vehicle. The schedule of Fees is available from the Valet desk at the Airport and may change from time to time at the sole discretion of HIAPL.
3.3. If HIAPL and/or the HIAPL Contractor’s performance of its obligations under these Terms and Conditions is prevented or delayed by any act or omission of the Customer, HIAPL and/or the HIAPL Contractor is not liable for any costs, charges, damages or losses incurred by the Customer arising directly or indirectly from such prevention or delay.
4.1. HIAPL and/or the HIAPL Contractor undertake to perform the Valet Parking Services with reasonable care and skill. To the fullest extent permitted by law, HIAPL and/or the HIAPL Contractor shall not be liable whether in negligence or any other tort or in contract or on any other basis whatsoever for and the Customer hereby releases HIAPL and the HIAPL Contractor from:
i. any loss or destruction of, or diminution of value or damage to, the Vehicle or any articles or personal belongings inside the Vehicle; or
ii. any delay in transporting the Customer, the Vehicle and/or other passengers accompanying the Customer between any part of the Airport (including any terminal) and any Valet Car Park Area;
iii. or 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 Customer agrees that the total liability of HIAPL and/or the HIAPL Contractor to the Customer or to any other person shall be limited to:
i. supplying the Valet Parking Services again; or
ii. payment of the cost of supplying the Valet Parking Services.
4.3. While HIAPL and/or the HIAPL Contractor shall take all reasonable care to keep the Valet Car Park Area safe, the Customer acknowledges that HIAPL and/or the HIAPL Contractor cannot guarantee the security of the Vehicle while at the Valet Car Park Area.
4.4. HIAPL and/or the HIAPL Contractor will not be liable for any loss or damage caused by the Vehicle other than a result of the negligent driving of HIAPL and/or the HIAPL Contractor. The Customer is liable for any destruction, loss or damage caused by the Customer’s Vehicle to other persons or property, including HIAPL’s property and the property of the HIAPL Contractor.
4.5. HIAPL and/or the HIAPL Contractor accepts no liability for any loss or damage to any article or personal belongings left in HIAPL or the HIAPL Contractor’s custody or control. HIAPL or the HIAPL Contractor’s employees are not authorised to accept any personal belongings for safe custody, except the keys to the Vehicle.
4.6. These Terms and Conditions, including any exclusion or limitation of liability, shall apply to and be for the benefit of the HIAPL Contractor to the same extent as they apply to HIAPL. The aggregate amount recoverable from HIAPL and/or the HIAPL Contractor must not exceed the amount of HIAPL’s and/or the HIAPL Contractor’s limit of liability at clause 4.2.
5. Warranty And Indemnity
5.1. The Customer warrants that the Customer is either the owner of the Vehicle, or authorised by the owner of the Vehicle as agent of the owner, to use the Valet Parking Services.
5.2. If the Customer uses the Valet Parking Services as an agent of the owner of the Vehicle, by agreeing to these Terms and Conditions, the Customer accepts that these Terms and Conditions apply to the Customer as well as to the owner of the Vehicle.
5.3. The Customer warrants that the Vehicle is registered and covered by comprehensive motor vehicle insurance.
5.4.Without limiting the generality of clauses 5.1 and 5.2, the Customer warrants and agrees that the Customer and the Vehicle owner (if the Customer is not the owner) releases and indemnifies HIAPL, each Related Body Corporate, the HIAPL Contractor, and the representatives, agents, employees, directors, and officers of HIAPL and the HIAPL Contractor from and against all and any actions, suits, proceedings, demands, liabilities, claims, damages, losses, charges, costs and expenses arising out of or in any way connected with the provision of the Valet Parking Services in respect of the Vehicle whether arising under statute, Common Law or otherwise.
6. Authority In Respect Of The Vehicle
The Customer authorises HIAPL and/or the HIAPL Contractor to perform any act that HIAPL and/or the HIAPL Contractor deems to be necessary for it to supply the Valet Parking Services, including the following:
i. Entering the Vehicle.
ii. Driving the Vehicle within the Valet Car Park Area or to any location outside the Valet Car Park Area to enable HIAPL and/or the HIAPL Contractor to supply the Valet Parking Services. The Vehicle may be shifted between locations in the Valet Car Park Area during the time the Valet 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 any cleaning or washing services as agreed between the Customer and the HIAPL Contractor correctly.
iv. To ‘jump-start’ or use any other method and/or do all other things reasonably necessary to start, move or relocate the Vehicle for any purpose. Notwithstanding this clause 6(iv), the Customer acknowledges that in the event that the Vehicle is inoperative and remains in an inoperative state at the time of return, HIAPL and/or the HIAPL Contractor is not responsible to re- start the Vehicle.
7. Authority To Release Vehicle
7.1. The Customer warrants that the Customer, the owner of the Vehicle and/or any other persons authorised by the owner to use or access the Vehicle will not access or remove the Vehicle from the Valet Car Park Area otherwise than in accordance with this these Terms and Conditions.
7.2. The Customer authorises HIAPL and/or the HIAPL 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.
7.3. The Customer releases and agrees not to hold HIAPL and/or the HIAPL Contractor liable for providing access to or delivering the Vehicle to any person in accordance with clause 7.2.
8. Unpaid Fees and Abandonment
8.1. The Customer agrees that HIAPL and/or the HIAPL Contractor shall not be obliged to release the Vehicle until all Fees due and unpaid in respect of the Vehicle under these Terms and Conditions are paid.
8.2. If the Vehicle has not been collected within 21 days of the return date nominated on the form on the front of these Terms and Conditions, then HIAPL and/or the HIAPL Contractor may, after making reasonable attempts to contact the Customer, sell the Vehicle and/or the goods in the Vehicle by auction or otherwise at the sole discretion of HIAPL and/or the HIAPL Contractor and the proceeds may be applied to or in satisfaction of unpaid Fees and the costs of selling the Vehicle. If after deduction of all monies owing to HIAPL and/or the HIAPL Contractor including the expenses of sale there is surplus balance of sale proceeds, such surplus shall be accounted for by HIAPL and/or the HIAPL Contractor, at its option, to the Customer.
HIAPL shall be entitled to subcontract on any terms, the whole or any part of the Valet Parking Services.
10. Governing Law and Invalidity
10.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Tasmania. The Customer agrees to submit to the exclusive jurisdiction of the Tasmania Courts.
10.2. 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.
11. Personal Information
11.1. Personal information the Customer provides in connection with the Valet Parking Services is recorded by or on behalf of HIAPL and/or the HIAPL Contractor. Certain details, including, without limitation, the Customer’s name, car registration number, credit card account details, travel details and/or purchases of Valet Parking Services, may be passed between HIAPL, the HIAPL Contractor and third party agencies in order to provide the Valet Parking Services and to facilitate the operation of the Valet Parking Services.
11.2. When the Customer provides personal information to HIAPL and/or the HIAPL Contractor in connection with the Valet Parking Services, the Customer is deemed to have consented to the collection, storage, disclosure and use of such personal information by HIAPL and/or the HIAPL Contractor in the manner described in these Terms and Conditions.
11.3. The collection, storage, disclosure and use of personal information is subject to applicable laws including the Privacy Act 1988 (Cth). The Customer has the right to access their personal information recorded by HIAPL and/or the HIAPL Contractor and have it updated or corrected as necessary.
12. Force Majeure
HIAPL and/or the HIAPL Contractor shall have no liability to the Customer if it is prevented from, or delayed in performing, the Valet Parking Services by acts, events, omissions or accidents beyond its reasonable control, including industrial disputes (whether involving the workforce of HIAPL, the HIAPL 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.
13. Variations To Terms And Conditions
HIAPL 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 HIAPL’s website. It is the Customer’s responsibility to check for amendments before using the Valet Parking Services.
14. Conditions on Entry
The Conditions of Entry shall form part of these Terms and Conditions. To the extent of any inconsistency between the Conditions of Entry and these Terms and Conditions, these Terms and Conditions shall prevail.