5 Stars Parking PTY LTD
ABN 12 629 149 159 936
trading as Runway Airport Parking
Terms and Conditions
- 1.1. These Terms and Conditions for Online Booking of the Runway Airport Car Park (Terms) are the terms and conditions upon which We accept bookings online for parking at Our Car Park. It is important that You read them and understand them before completing Your Booking.
- 1.2. These Terms incorporate the Conditions of Entry displayed at the entrance to the Car Park and set out in Schedule 1 to these Terms www.runwayairportparking.com.au/terms. WhenYou enter the Car Park in order to take up a Booking, it will be taken that You have read and accepted those Conditions of Entry, so please read them carefully.
- 1.4. We can change any part of these Terms at any time, by posting an updated version to Our Website. This will not affect any Bookings made before the update is posted to Our Website, but it is Your responsibility to ensure that You are familiar with the latest version of these Terms and Conditions at the time You make a Booking.
- When reading these Booking and Payment Terms the following words or phrases have the
"ACL" means the Australian Consumer Law, set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
"Booking" means any online booking made through Our Website for the parking of a Vehicle at Our Car Park.
“Booking Confirmation” means the details of Your booking provided on the booking confirmation page that is made available at the time of booking on Our Website. The Booking Confirmation is also made available as an attachment to the booking confirmation email.
"Booking Period" means the period covered by Your Booking, as specified in Your Booking Confirmation.
"Car Park" means the Car Parking spaces at 6-8 Snyder Court, Tullamarine 3043.
“Conditions of Entry” means the conditions for use of the Car Park displayed on the Parking Rates Board a copy of which is set out in Schedule 1 to these Terms.
"Consumer Guarantees" means the guarantees relating to the supply of goods and services to consumers provided by Division 1 of Part 3-2 of the ACL.
"Parking Charge" means the fees payable in relation to Your Booking, as specified in Your Booking Confirmation and calculated by us based on Your chosen Booking Period. The parking charge will include parking fees and may also include booking fees and credit card fees determined by Runway Airport Parking, only if applicable and only when specified.
"Parking Rates Board" means any board or notice at the entrance to the Car Park displaying the standard rates to be paid for parking and the Conditions of Entry.
“Runway Airport Parking” means 5 Stars Parking PTY LTD T/A runway airport parking - ABN 12 629 149 159 936.
“Runway Airport Parking Authorised Reseller” means a person (or company) expressly authorised by Runway Airport Parking to sell Bookings.
"Vehicle" means any vehicle parked (or to be parked) in the Car Park and includes any mechanical device on wheels or tracks, its equipment and accessories.
"We, Us, Our" means Runway Airport Parking.
"Website" means Our website at the domain name www.runwayairportparking.com.au.
“You, Your" means You, the person making a Booking, an agent making a booking for You (if applicable),and (if applicable) any other person who uses the Car Park for the parking of a Vehicle via that Booking.
- When reading these Booking and Payment Terms the following words or phrases have the following meanings:
- Booking Service
- Runway Airport Parking reserves the right to refuse part or all of any Booking made by You. A Booking placed by You constitutes an offer by You to Us to make a Booking on these Terms and is subject to Our subsequent acceptance. Acceptance occurs when We issue to You a Booking Confirmation via email. We recommend You print out and retain Your Booking Confirmation.
- While We will make Our best efforts to provide this service to You continuously, We do not warrant that Our online booking service will be available at all times or will be uninterrupted or error free, that errors will be corrected or that the Website or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference which may damage Your system. Availability of this service and the Car Park is subject to Our technical, logistical, operational and security requirements.
- You agree that You will not attempt to transfer or resell any Booking, either on its own or bundled with other products or services.
- We reserve the right to limit the number of Bookings per person, as specified from time to time on Our Website.
- The online parking system is only available for cars, motorcycles, light utilities and light vans
- The Booking is not transferable and must only be used by You or someone authorised by You.
- Bookings are valid for one entry and one exit only and multiple entries are not permitted.
- Cancelling or Amending a Booking
- You may cancel or amend Your Booking, for any reason, at any time, up to 24 hours before the start of the Booking Period.
- You may cancel Your Booking by emailing firstname.lastname@example.org and providing Your full name, address, and Booking Reference number or by speaking to Our customer service operator on (03 9009 5295) who is generally available between 9 am to 5 pm Monday to Friday.
- If You purchased Your Booking from any person other than Runway Airport Parking (such as a Runway Airport Parking Authorised Reseller) and You require a refund or cancellation, You must seek that refund or cancellation from that other person.
- You will be charged in full for Your Booking if You have not cancelled it earlier than 24 hours before the start of the Booking Period.
- You are only entitled to a refund from Runway Airport Parking where You:
- effectively cancel a Booking 24 hours or more prior to the start of the Booking Period; or
- We are unable to accommodate Your Vehicle in accordance with clause 10.1 of these Terms; or
- You are otherwise entitled to a refund under the ACL.
- For the avoidance of doubt, You are not entitled to a refund in part or in full from Runway Airport Parking if You do not use the whole or part of the Booking (other than where clause 4.5 applies).
- Parking Charges
- The Parking Charge that You are quoted on Our Website is in Australian dollars and includes GST. Pricing may vary depending on time of booking and availability. Prices listed on the Website are subject to confirmation at the time of acceptance.
- You can pay for Your Booking by using any of the credit cards shown on Our Website. Cash and credit cards are the only form of payment We are able to accept.
- When You provide Your credit card details and complete Your Booking, You are authorising us to charge Your credit card with the amount of the Parking Charge.
- If the credit card payment used for Your Booking fails, then Your Booking will not be processed and will not be valid for use. If this happens You will not receive a Booking Confirmation.
- Unless Your Booking is cancelled in accordance with clause 4 of these Terms, You agree to pay Us to use the Car Park during the Booking Period.
- No refund will be made if Your stay is shorter than the Booking Period.
- If You arrive early or leave late such that Your Vehicle is parked in the Car Park for any time outside the Booking Period, You will be charged for that time at the rate specified on the Parking Rates Board and applicable to the Car Park in which You have parked. This will be the case even if Your total stay is no longer than the Booking Period.
- Please note that the Parking Rates Board will not necessarily reflect Car Parking rates available on the online parking Website.
- Your obligations
- You must comply with all directional signage and other instructions when in the Car Park.
- Runway Airport Parking does not accept liability for:
- damage to Your Vehicle whether caused:
- by way of vandalism; or
- by a weather event, including damage caused by hail; or
- theft of, or from, Your Vehicle, while the Vehicle is in the Car Park, unless such damage or theft is caused by the negligence of Runway Airport Parking or its agents or employees, and then only to the extent that Runway Airport Parking’s negligence has caused or contributed to the relevant damage or theft.
- damage to Your Vehicle whether caused:
- If You fail to collect Your Vehicle more than 30 days after the date which You have specified for exit in the Booking then, in the absence of a notification to Us specifying the Vehicle registration number, the reason for the delay in collection plus details of the expected (revised) collection date, We will deem the Vehicle to have been abandoned. In such circumstances, after not less than 30 days’ notice in writing via recorded delivery to the address provided at the time of Booking, We shall be entitled to remove and sell the Vehicle and deduct from the proceeds both Our reasonable handling expenses and any unpaid sums for days in which the car has been in the Car Park calculated at the drive up tariff. We will remit the balance to the credit card of the person who has made the Booking (unless We are notified to do otherwise in writing). Our rights of disposal set out herein are in addition to any of Our rights to dispose of unclaimed vehicles under the Warehousemen's Liens Act 1958 (Vic).
- While Runway Airport Parking uses reasonable endeavours to ensure that the Car Park is secure, Runway Airport Parking does not guarantee that it is a secure environment.
- Your Responsibility to meet Airline Check in Time
- It is Your responsibility to meet Your airline’s check-in time and to allow sufficient time for unexpected delays, traffic congestion at or near Melbourne Airport, accident, road works, delays or inoperability of transport services between the Car Park and the terminal (if any).
- We have no liability to You if You miss Your flight unless caused by our breach of an
applicable Consumer Guarantee, and then only to the extent that any additional costs You
incur are reasonably foreseeable (such as:
- the cost of rebooking Your flight at a later time; and
- any accommodation costs incurred, provided that a later flight is not available on the original date of travel.)
- When You make a Booking, You provide personal information to us which We use to process Your Booking, identify You when You enter and exit the Car Park and otherwise manage Our Car Parking services. Without this information We will be unable to process Your Booking. We may also collect other personal information about You when You use Our Car Parking services. The facility (including the Car Park) is subject to CCTV surveillance for security, management and Car Parking related purposes. Your image, registration number, location and movements and other personal information may be collected by Runway Airport Parking by these means.
- We may disclose Your personal information for the above purposes to third parties (such as Our contractors who provide services to Us and others as permitted or required by law). Runway Airport Parking will not disclose Your personal information to recipients located overseas without Your consent, except where required or permitted to do so by law.
- Security of information
- When making a Booking, Our payment processing authority uses 128 bit SSL encryption. Nonetheless, no data transmitted over the Internet is secure, and Runway Airport Parking does not warrant, and cannot ensure, the security of Your data. Except in respect of Our breach of an applicable Consumer Guarantee, You transmit data using the online booking facility at Your own risk.
- If in the unusual event We are unable to accommodate Your Vehicle in the Car Park You
Booked, We will use reasonable endeavours to accommodate Your parking needs in accordance
with the following procedure:
- We will make efforts to organise alternative arrangements to accommodate Your Vehicle at no additional cost to You; or
- We will provide You with a refund of the applicable fee, unless You purchased Your Booking from any person other than Us in which case a refund will be issued to that person, if a Runway Airport Parking Authorised Reseller, and you should direct your refund claim to that person.
- To attain Your refund in accordance with clause 10.1, please provide us with a written request, together with proof of booking and payment and send to email@example.com. Alternatively, requests for refunds may be initiated via Our website using the customer feedback/enquiry form to be found there: www.runwayairportparking.com.au
- If in the unusual event We are unable to accommodate Your Vehicle in the Car Park You Booked, We will use reasonable endeavours to accommodate Your parking needs in accordance with the following procedure:
- Liability and Indemnity
- To the extent permitted by law and subject to clause 11.2, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these Terms and otherwise in respect of goods or services associated with Your use of the online booking facility, the Website and the Car Parks.
- Where any law implies in this agreement any term or imposes any guarantee, and that law avoids or prohibits provisions in a contract excluding, limiting or modifying the application of, or the exercise of, or liability under such term, such terms or guarantees as are not excludable will be deemed to be included in this agreement or operative. For the avoidance of doubt, we do not exclude the rights and remedies available to you under any applicable Consumer Guarantee.
- Subject to clauses 11.1 and 11.2, Our liability and the liability (if any) of Our related entities to You will be limited to the amount of the Parking Charge paid by You for the relevant Booking.
- Except in respect of our breach of an applicable Consumer Guarantee, We are not liable to
You for any incidental, special, indirect, consequential or punitive loss or damages of any
character, including any lost profits, lost opportunity or loss of reputation. In addition,
We will not be liable to You for any part of any cost, expense, loss or damage suffered by
You which is:
- caused by Your acts or omissions or the acts or omissions of other users of the Car Park; or
- otherwise in excess of what an ordinary person in a like situation would suffer, or which is caused by circumstances unique to Your situation.
- You use the Cark Park at Your own risk. To the extent the law permits, Runway Airport Parking is not liable to You for theft of Your Vehicle or any property from Your Vehicle or damage to Your Vehicle while in the Car Park, including through a collision between Vehicles.
- You indemnify Runway Airport Parking and its related entities against all liabilities,
losses, damages, costs and expenses including, without limitation, reasonable legal fees and
disbursements (on a solicitor to client basis) and costs in investigation, litigation,
settlement, judgement, interest, fines and penalties that any of them sustain or incur as a
result, directly or indirectly of:
- any breach of these Terms (including the Conditions of Entry);
- any breach of law;
- any death, illness or personal injury of any person or any damage to any real or
personal property directly or indirectly caused or contributed to by any:
- any wilful, malicious, unlawful or negligent act or omission;
- the unsafe or illegal operation of a Vehicle;
- non-compliance with these Terms (including the Conditions of Entry),by You or the person authorised by You that is in charge of Your Vehicle in the Car Park except to the extent that any negligent or deliberate act or omission by Runway Airport Parking contributed to the cost, expense, loss or damage.
- Governing Law
- These Terms and any Booking resulting from them are subject to the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Victoria situated in Melbourne.
- How to Contact Us
- You can contact us via email at firstname.lastname@example.org
- Telephone us on 03 9009 5295.
- Alternatively, requests for refunds may be initiated via Our website using the customer feedback/enquiry form to be found there.
- For any complatins please email@example.com
- Schedule 1 Car Park Conditions of Entry
- Each time that You bring Your Vehicle into this Car Park, You do so subject to these Conditions of Use. If You do not accept these Conditions of Use You must leave the Car Park immediately.
- Notwithstanding any demand or request to the contrary, We or Our agents may move and drive Your Vehicle to such places as We or Our Agents deem fit during any period of custody, retention or control by Us or Our agents.
- This Car Park is open twenty-four (24) hours per day. Before You leave the Car Park, You must pay the parking fees applicable to Your Booking.
- You must produce either Your parking ticket or proof of having paid Your parking fee when requested to do so. You must comply with all signs erected in the Car Park and You must comply with any directions or instructions We give You
- We have a general lien over, and the right to retain, Your Vehicle as security for any money which You owe Us. If You fail to pay any money You owe Us, We may sell Your Vehicle after giving you 30 days' notice, in order to recover money You owe Us. We may sell Your Vehicle in such manner as We think fit in Our absolute discretion and We are not obliged to obtain the best sale price for it. After deducting our reasonable costs, We will remit the balance to the credit card used to make your booking.
- We accept liability for breach of any applicable Consumer Guarantee in accordance with the terms of the Australian Consumer Law.
- Subject to Condition 6 (above), We exclude our liability to the fullest extent permitted by law. Except as otherwise required by law, We will not be liable for: (a) the safe custody of any Vehicle in this Car Park; (b) the delivery of Your Vehicle to any person, whether that person has authority to take it or not; (c) any theft loss or damage whatsoever to any Vehicle or its accessories or contents; or (d) any damage to Your property, injury to You or Your death while You, Your Vehicle or Your property or person is in this Car Park or while You are entering or leaving this Car Park.
- We and Our agents, in their absolute discretion, reserve the right to retain Your Vehicle if the person collecting the Vehicle appears to be under the influence of alcohol or any other substance.
- We and Our agents, in their absolute discretion, reserve the right to reject any vehicle which is not currently registered in a State or Territory of Australia or the registration will expire whilst the Vehicle is in Our custody, retention or control or that of Our agents.
- You release and indemnify Us from any claim against Us or expense incurred by Us arising from Your breach of these Conditions of Use or any wilful, malicious, unlawful or negligent act or omission by you.
- If any part of these Conditions of Use is illegal or unenforceable, that part is to be disregarded, and its removal will not affect the rest of the conditions.
- Lost tickets will attract the maximum Car Parking fee that is applicable at the time of the ticket being declared as lost.
- All Car Park tariffs are quoted as GST inclusive prices.
- 14.14. In these Conditions of Use, references to: (a) "We", "Us" and "Our" means 5 Stars Parking PTY LTD T/A Runway Airport Parking.
- ABN 12 629 149 159 936 trading as Runway Airport Parking, its employees, agents and independent contractors; (b) "You" means the person using, or intending to use this Car Park; and (c) "Your Vehicle" includes a vehicle driven, or intended to be driven, by You into this Car Park.