terms & conditions
By entering this car park, you (“you”) accept that a contract is formed between you and us (“Aston Carpark Pty Ltd” trading as Jetaway Airport Parking) (“the Company” and “us” and “we”) and that as part of that contract, the following terms and conditions apply, as far as permitted by law.
If upon initially entering this car park with your vehicle you do not accept all of the terms and conditions detailed here (and if referenced, elsewhere), you must immediately leave this car park. If you leave as soon as possible, you will not incur any charge.
- 1. By agreeing to use the Company’s services and goods, you expressly agree to indemnify the Company and/or its agent’s for any loss, damage or injury you suffer as a result of using the Company’s services or purchasing the company’s goods. While the Company will endeavour as much as is practically possible to provide it’s services and/or goods with reasonable due care, skill and diligence, the Company accepts no liability for any loss or damage or injury suffered by you in relation to any services and/or goods provided by the Company, including, but not limited to, any loss or damage to your vehicle(s), or the content left in, or on, your vehicle, and any loss, damage or injury suffered from your usage of the Company’s airport shuttle service. This includes any loss or damage caused by (but not limited to) fire, theft, weather events, or other causes of loss or damage, including traffic accident.
- 2. Leaving your vehicle with us involves inherent risks you should be aware of. These include risk of: damage being caused to persons, vehicles or other property by third party drivers, pedestrians and or other persons; hazards created by weather and environmental conditions; the condition of the property; theft or malicious damage; malfunctioning equipment such as lighting, lifts, boom gates or, and damage being caused in the course of conducting our operations. By choosing to leave your vehicle with us, you are accepting of these, and other, risks.
- 3. The references herein to “your” and “your vehicle” refer to the vehicle(s) you leave with the Company for storage, regardless of whether you are the legal owner of the vehicle or not. By leaving a vehicle(s) with the Company, you hold out that you have either legal ownership, or adequate permission from the legal owner of the vehicle (if not you), to use the vehicle, and leave it with the Company. In the event that any dispute arises for any reason between the Company and the legal owner of the vehicle (if this is not you) you will accept full liability on behalf of the Company for any claims made by the legal owner of the vehicle against the Company, and absolve the Company of any liability by fully indemnifying the Company).
- 4. You acknowledge that the Company will make reasonable enquiries about the identity of a party picking up your vehicle (if not you), but you understand that the Company cannot verify the identity of a party picking up your vehicle beyond this, and may release a vehicle to a person who presents to the Company that they are authorised to take possession of your vehicle, provided they reasonably satisfy us of their authority to do so. It is in your express interest for the safety of your property to provide us with the details referred to above (name, phone number/drivers licence number) of any party who may pickup your vehicle to assist us with these efforts.
- 5. You expressly authorise the Company and/or its agents to enter and drive your vehicle as necessary for the ordinary operation of the Car park, and leave the keys with the Company for this purpose.
- 6. You expressly warrant that the vehicle you are leaving with the Company is in safe, working and roadworthy order, and is safe to drive and park, and is registered to drive in Australia. You further expressly warrant that the contents of your vehicle are safe. You will be personally liable for any loss or damage, or injury caused to the Company, it’s property, and/or its agents, and/or any third parties or other stored vehicles for any loss caused by your vehicle due to any unsafe, unroadworthy, unregistered, or unsafe contents, including any fire emanating from your vehicle. This includes any damage caused by oil or other fluids leaking from your vehicle.
- 7. You acknowledge that the Company’s liability under any statutory right, including under the Australian Consumer Law, which cannot be excluded, is , as far as is permitted by law, limited at our discretion to the re-supply of the services or the payment of the cost of re-supplying these services to you.
- 8. The Company will make all reasonable attempts to deliver your vehicle at the time you have requested, but does not guarantee this will occur. The company does not provide any assurance that it can deliver your vehicle to you for pick up at any time earlier than is pre-arranged by you, with a reasonable period of notice (generally 24 hours of notice is required).
- 9. You agree to pay the Company’s fees and charges for services rendered. These fees and charges are available online at jetawayairportparking.com.au. The Company claims and may exercise a lien over your vehicle to retain possession of it until all fees and charges are paid in full. Failure to pay all fees and charges by the due time (picking up of your vehicle) may result in the charging of interest on the outstanding amount at the rate specified in the Penalty Interest Rate Act 1983 (Vic) until all outstanding amounts are paid in full to the satisfaction of the Company.
- 10. If you fail to pick up your vehicle for a period 90 days after the date of arranged pickup, and have not contacted the Company to make further arrangements to extend the pickup date, and/or have not paid to the satisfaction of the Company any outstanding amount due to the Company for 90 days, the Company reserves the right to deal with your vehicle as “uncollected goods” under the Australian Consumer Law and Fair Trading Act 2012 (Cth), and, this may include disposing of your vehicle in accordance with the law.
- 11. If any provision of these Terms and Conditions becomes or is held to be invalid, void, unenforceable or illegal for any reason, and in any respect, that provision will be severed from the remaining provisions, which will continue to operate normally.
