Townsville Airport Pty Ltd (TAPL)

Public Car Park Online Booking Terms and Conditions

Online Bookings are required to be made at least four (4) hours prior to the Booking Period.

TAPL’s daily car parking charges are based on a twenty-four (24) hour period, the time included in your booking will automatically be extended to the nearest twenty (24) hour period. E.g. If you book from 8:00am to 5:00am the following day, your booking period will be automatically extended to 8:00am of that following day. You must enter the Car Park in the vehicle with the registration nominated during your booking:

• If not, your booking may not be recognised, and additional charges may apply if you enter the Car Park using a different vehicle registration to the one nominated during your booking.

• If the vehicle is not recognised, you will be required to present the credit card used for payment or the alternate card nominated during your booking as an alternate form of entry recognition.

1. Introduction

1.1. Please read and understand these Terms before completing your Booking. They apply to Bookings for parking at Townsville Airport Car Parks and will form the basis of our agreement with you once a Booking is made and you receive your Booking Confirmation.

1.2. If there is anything you do not understand in these Terms or do not agree with, please do not proceed with your Booking. You may contact us at parking@tsvairport.com.au with questions.

1.3. When using the Car Park, you must comply with the Conditions of Entry. A copy of the Conditions of Entry can be found below and at the entry to the Car Parks.

1.4. By entering a Car Park, you acknowledge that you have read and accepted the Conditions of Entry which apply in addition to these Terms, so please read them carefully. We may vary these Terms and/or the Conditions of Entry at any time by posting an updated version to our Website and/or an updated notice at the entry to the Car Park. In the event of any inconsistency between these Terms and the Conditions of Entry, these Terms shall prevail to the extent of the inconsistency.

1.5. Changes in Terms will not affect any Bookings made before the update is posted; however, it is your responsibility to ensure that you are familiar with the latest version of these Terms at the time you make a Booking.

2. Definitions

2.1. When reading these Terms, the following words or phrases have the attributed meanings:

(a) “Booking” means any online booking made through our Website for the parking of a Vehicle in any of the Car Parks at Townsville Airport.

(b) “Booking Confirmation” means the details of your Booking provided on your booking confirmation sheet that will be provided via email.

(c) “Booking Period" means the period of time covered by your Booking, as specified in your Booking Confirmation.

(d) “Car Parks” means the Townsville Airport public Car Parks at the International and Domestic terminal and “Car Park” shall be interpreted accordingly.

(e) “Claim” means an action, claim, proceeding, expense or demand.

(f) “Drive-up Rate” means the rates available to the public when parking is not pre-booked online, as specified on the Parking Rates Board posted at the Car Park entry.

(g) "Parking Charge" means the parking charges payable in relation to an online Booking as specified in the Booking Confirmation. The Parking Charge will include parking fees, booking fees and credit card fees determined by TAPL, only if applicable and only when specified.

(h) "Parking Rates Board" means any board or notice at the entrance to a Car Park displaying the standard charges to be paid for parking and the Conditions of Entry.

(i) “Privacy Policy” means our privacy policy available at http://www.townsvilleairport.com.au/privacy-policy/.

(j) “Terms” means these Terms and Conditions.

(k) "Vehicle" means any vehicle parked (or to be parked) in a Car Park and includes any mechanical device on wheels or tracks, its equipment and accessories.

(l) "We, us, our or TAPL" means Townsville Airport Pty Ltd.

(m) "Website" means our website www.Townsvilleairport.com.au.

(n) “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 a Car Park for the parking of a Vehicle via that Booking.

2.2. The headings are for information only and do not affect the interpretation of these Terms.

2.3. References to “including” and similar expressions are not words of limitation.

3. Our Booking Service

3.1. While we will make our best efforts to provide this service to you continuously, we do not guarantee that our online booking service will be available at all times, or that we can provide access to our Car Parks at all times. Availability of Car Parks is subject to our technical, logistical, operational and security requirements.

3.2. If in the unusual event we are unable to accommodate you in the Car Park you booked we may accommodate your parking needs as follows, at our discretion:

(a) You may be directed to park in any non-reserved bay in another Townsville Airport Car Park or area at no additional charge. If you are directed to use a Car Park that is cheaper than the Car Park you purchased, we will refund the difference in your Parking Charge.

(b) If in the unusual event we are unable to accommodate you in any of our Car Parks as at the date your booking begins:

(i) We will make efforts to organise alternative arrangements to accommodate your vehicle at our cost; or (ii) We will provide you with a full refund, unless you purchased your booking from any person other than TAPL. To attain your refund, please provide us with a written request, together with proof of booking and payment and send to: Online Parking, Commercial Department Townsville Airport, PO Box 7636, Garbutt QLD 4814

(c) The full refund of your Parking Charge will be the full extent of our liability to you.

3.3. You agree that you will not attempt to transfer or resell any Booking, either on its own or bundled with other products or services.

3.4. We reserve the right to limit the number of Bookings per Car Park or person, as specified from time to time on our Website.

3.5. Bookings are only valid when you receive a Booking Confirmation via email or on the Website. We recommend you save or print out and retain your Booking Confirmation.

3.6. The online parking system is only available for cars, motorcycles, light utilities and light vans.

3.7. The Booking is not transferable and must not be offered for resale and must only be used by you or someone authorised by you. Note clause 8.2 below in relation to the credit card used to make the Booking.

4. Disabled Spaces

We cannot accept bookings specifically for disabled spaces. Our Car Parks include ample accessible spaces for use by mobility card holders.

5. Cancelling or Amending a Booking

5.1. You may cancel or amend your Booking for any reason, at any time, up to twenty-four (24) hours before the start of the Booking Period.

5.2. If you have an online booking account, you may cancel or amend your booking yourself at any time up to twenty-four (24) hours before the start of the Booking Period, by logging in to your account and selecting the relevant options.

5.3. If you have been unable to successfully cancel your Booking via your online account, then you may cancel your booking by emailing parking@tsvairport.com.au and providing your full name, address, and Booking Confirmation number or calling our customer service operator on 1800 225 878 up to twenty-four (24) hours before the start of the Booking Period. Please note our customer service operator is generally kerbside and may not be available at all times.

5.4. If you make a booking cancellation less than twenty-four (24) hours before the start of the Booking Period you will be charged a $17 cancellation fee.

5.5. You are only entitled to a refund from TAPL where you: (a) paid for your Booking using your credit card; (b) effectively cancel a booking twenty-four (24) hours or more prior to the start of the Booking Period; or (c) we are unable to accommodate your vehicle in accordance with clause 3.2 of these Terms.

5.6. For the avoidance of doubt, you are not entitled to a refund from TAPL if:

(a) you did not pay for your Booking using your own credit card (for example, if you booked via a third-party travel agent who processed the Booking using their own credit card);

(b) you do not use the whole or part of the Booking;

(c) you purchased your Booking from another person: or

(d) you cancel the Booking less than twenty-four (24) hours prior to the start of the Booking Period.

6. Prices and How to Pay

6.1. The Parking Charge that you are quoted on our Website includes GST. The Parking Charge is fixed when you make your Booking and overstays will be charged at Drive-up Rates. Pricing may vary depending on time of booking and availability.

6.2. You can pay for your Booking by using any type of credit card shown on our Website. Credit cards are the only form of payment we are able to accept.

6.3. 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.

6.4. If the credit card payment used for your Booking fails then your Booking will not be processed and will not be valid for use.

7. Booking period

7.1. Unless your Booking is cancelled in accordance with clause 5 of these Terms, you agree to pay us to use our Car Parks during the Booking Period.

7.2. No refund will be made if your stay is shorter than the Booking Period.

7.3. If you arrive early or leave late such that your Vehicle is parked in a Car Park for any time outside the Booking Period, you will be charged for that time at the same rate as the Drive-up Rate.

7.4. Please note that the Parking Rates Board will not necessarily reflect car parking rates available on the online parking Website.

8. Arriving at the Car Park

8.1. IMPORTANT: You must use the same credit card you used to make your booking for entry and exit at the Car Park.

8.2. When you arrive at the Car Park you will need to insert into the card reader at the boom gate, the credit card that you used to pay for your Booking or the credit card you nominated at the time of completing your Booking. You must use the same card upon exiting the Car Park by inserting it into the card reader at the exit boom gate. Please contact us via our contact details listed below if this is not possible (for example, because the card that you used to make the booking has been lost or stolen in the meantime).

8.3. If you enter the Car Park using a different credit card to the one used or nominated during your Booking, your Booking may not be recognised. If your booking is unable to be recognised you will incur the full parking charge applicable for your length of stay based on the Drive-up Rate. You may write to us at the address noted in clause 16 below for a refund of the difference you were charged in addition to the Parking Charge you paid using the online parking system. To receive a refund, you must write a letter to us explaining the circumstances (that you were double charged due to use of a different credit card) and providing a copy of your paid online Booking Confirmation along with proof of additional charge paid at the Car Park.

8.4. Your Booking is valid only for the Car Park specified in your Booking Confirmation. Use of a different Car Park will incur standard charges as displayed on the Parking Rates Board and you will not be entitled to any refund or reduction of your Parking Charge.

8.5. We recommend you save or print your Booking Confirmation as a record of your Booking.

9. Vehicles Permitted in our Car Parks

You are responsible for ensuring your vehicle complies with size and height restrictions at the Car Parks. You are not entitled to a refund if your Vehicle exceeds the size limits we impose from time to time.

10. Liability and Indemnity

10.1. We will only be liable to you under these Terms if: (a) we are or have been negligent; or (b) we have otherwise breached our statutory obligations to you.

10.2. However, under no circumstances are we liable to you for any lost profits, lost opportunity, loss of reputation or any indirect or consequential loss. 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: (a) by your acts or omissions or the acts or omissions of other users of the Car Park; or (b) otherwise in excess of what an ordinary person in a like situation would suffer, or which is caused by circumstances unique to your situation.

10.3. To the extent the law permits, TAPL is not liable to you for theft of your Vehicle or any property from your Vehicle or damage to your Vehicle by other users of the Car Park, including through a collision between Vehicles.

10.4. You are liable to us for any cost, expense, loss or damage suffered by us in connection with any death or personal injury of any person or any damage to any real and personal property directly or indirectly caused or contributed to by: (a) your unsafe or illegal operation of a Vehicle; (b) your non-compliance with these Terms or Conditions of Entry; (c) your negligence or misconduct; or (d) any wilful, intentional or malicious act, by You or any person authorised by You to operate your Vehicle while in the Car Park except to the extent that any negligent act or omission by TAPL contributed to the cost, expense, loss or damage.

10.5. You indemnify us for any cost, expense, loss or damage suffered by us in connection with any death or personal injury of any person or any damage to any real and personal property directly or indirectly caused or contributed to by You or the person authorised by You that is in charge of your Vehicle in the Car Park.

10.6. To the extent the law permits, in the case of any guarantees, warranties or conditions implied into these Terms by the Competition and Consumer Act 2010 (Cth), TAPL limits its liability to: (a) supplying the services to you again; (b) the payment of the cost of having the services supplied again; or (c) a refund of some or all of the Parking Charges paid by you.

11. Your Responsibility to meet Airline Check in Time

11.1. 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 Townsville Airport, unavailability of Car Park space, accident or road works.

11.2. We will have no liability to you if you miss your flight for any of the reasons set out in clause

11.3. We will only be liable for delay due to our wilful breach or fraud and in which case clause 10.6 will apply.

12. Privacy

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. We also carry out planning and marketing activities using the personal information you provide which may include targeted online advertising, data and audience matching, analytics, research and, if you have agreed to receive communications, direct marketing. For more detail about how we use and share personal information and about our marketing practices, please refer to our Privacy Policy. By accepting these terms and conditions you agree to the use and disclosure of your personal information for these purposes. All personal information you provide to us is dealt with in accordance with our Privacy Policy.

13. Governing Law

These Terms and any Booking resulting from them are subject to the laws of Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Queensland situated in Townsville.

14. Reading Down

In the event that any provision or portion of any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions of such provisions of these Terms shall not be adversely affected. The offending provision or any part of such provision shall be read down to the extent necessary to give it legal effect, or shall be severed if it cannot be read down, and the remaining part and provisions of these Terms shall remain in full force and effect.

15. Comments and Complaints

15.1. Any comments and feedback relating to the booking procedure should be made in writing to us at our postal or email address listed below. Please provide us with as much information as possible.

15.2. We will try to answer all complaints within five (5) working days. If we cannot, we will tell you when we expect to be able to do so.

15.3. If you wish to make a complaint and it is related to an incident, please do so as quickly as possible after the incident as this will better assist our enquiries.

16. How to Contact Us

• E-mail us at parking@tsvairport.com.au

• Telephone us on 07 4727 3211

• Write to us at Online Parking, Commercial Department Townsville Airport, PO Box 7636, Garbutt, QLD, 4814.

17. Conditions of Entry and Parking

Townsville Airport will tow and impound any vehicle whose owner/driver does not comply with these conditions.

17.1 By entering this carpark YOU AGREE to: (a) take a ticket before entering and retain it to be able to pay before leaving; (b) pay the Parking Fee for every twenty-four (24) hours or shorter period parked in the Premium car park or in the Saver; (c) park only in a designated parking bay, in a safe and orderly manner; (d) on payment of the parking fee, immediately return your vehicle and exit the car park (additional fees apply if you do not exit within fifteen (15) minutes after payment); (e) not park your vehicle in this car park for more than forty-five (45) days; and (f) permit Townsville Airport to remove your vehicle from the place it is parked if we consider the vehicle is parked in an unauthorised or unsafe position, or is abandoned, and store it at your cost and risk.

17.2 The maximum parking time for this car park is forty-five (45) days. Vehicles parked beyond the maximum parking time will be deemed to be abandoned.

17.3 Townsville Airport accepts no responsibility for any loss or damage to any vehicle using this car park, including any vehicle towed by it.

17.4 You must at all times while in the car park comply with all oral and written directions and requests made by Townsville Airport or person duly authorised by us.

17.5 If you do not agree to these conditions, you must immediately exit the car park with your vehicle.

17.6 These terms and conditions are subject to any non-excludable statutory obligations imposed upon Townsville Airport.

17.7 “Parking Fee” means the rates as specified on the Parking Rates Board. “Parking Rates Board” means any board or notice at the entrance to a car park displaying the standard charges to be paid for parking.

17.8 Townsville Airport will tow and impound any vehicle whose owner/driver does not comply with these conditions.

18. Promotion Codes

18.1. Targeted promotion codes are unique to specific promotions.

18.2. The use of promotion codes will be for discounted parking and only available outside of public and Queensland school holiday periods.

18.3. Special promotional rates are discounted against the Drive-up Rate. Depending on time of booking, other discounted rates may be cheaper than promotional rates.

18.4. Parking will be for designated Car Parks and must be booked in advance of travel in accordance with the relevant Promotional Deal terms.

18.5. The promotion code will be issued by the 3rd party partner and can only be used by eligible customers.

18.6. To book the parking, enter the provided promotion code on our Website along with travel dates. Only eligible car parks and products will be presented, which may be subject to change from time to time.

18.7. For airline affiliated promotion codes, only one (1) car park may be booked per travel group per period of travel.

18.8. All other T&C’s stated here will apply.

“Townsville Airport” means Townsville Airports Pty Ltd ACN 081 257 490.