Terms and Conditions

1.              Terms & Conditions

1.1           You acknowledge that when you make a Booking that these are the terms & conditions that You have agreed to.  We may vary these terms & conditions at any time by posting an updated version of these terms & conditions on Our Website and/or an updated notice at the entry to the Carpark. If Your Booking Period has not commenced then, should You elect to continue with the Booking, You agree to the varied terms & conditions applying to You.  It is Your responsibility to confirm what terms & conditions apply to Your Booking before the commencement of the Booking Period.

1.2           These terms & Conditions apply at all times whilst Your Vehicle is parked or otherwise in Our Carpark or in control.

1.3           You acknowledge having read and accepted these terms & conditions.  They constitute the terms of a Contract that You have formed with Us.

2.              Interpretation

2.1           In these conditions:

(a)            The words “We” “Us” and “Our” mean REJ Enterprises Pty Ltd ACN 680 512 681 trading as Jackson’s Parking & Transfers, its servants, agents and/or assigns.

(b)           The words “You” and “Your” means You as the customer and any other person entering the Carpark via Your Booking.

(c)            “24 hours” means a Booking Period commencing at one minute past midnight (in Townsville Queensland) on the first day of the Booking Period.

(d)           “Booking” means any Booking made, either directly with Us or through Our Website for the parking of the Vehicle in Our Carpark.

(e)            “Booking Confirmation” means the details of Your Booking provided on the booking confirmation that We have provided to You at or about the time that you made Your Booking.

(f)             “Booking Period” means the period of time covered by Your Booking, as specified in Your Booking Confirmation.

(g)            “Carpark” means Our carpark located at 29-33 Duckworth St, Garbutt, Qld, 4814.

(h)           “Claim” means any action, claim, proceeding, expense, loss or demand.

(i)             “Parking Charge” means the fees, charges and other amounts payable, as specified in Your Booking Confirmation and otherwise incurred by You which include parking fees determined in accordance with these terms & conditions, booking fees, GST, credit card or debit card fees and any other charges that are incurred.

(j)             “Service Level” refers to covered parking, partially covered parking, uncovered parking and such other levels of parking offered by Us from time to time as specified in the Booking Confirmation.

(k)            “Vehicle” means the Vehicle listed in the Booking Confirmation.

(l)             “Website” means Our Website www.jacksons-parkingandtransfers.com.au 

3.              Liability

3.1           We do not guarantee that Our Booking system will be available at all times.

3.2           Your Vehicle is parked with Us solely at Your risk and cost.

3.3           You authorise Us to release or give access to Your Vehicle to any person presenting or producing, at Our absolute discretion, satisfactory verification of ownership or entitlement to possession of Your Vehicle and You release Us from and will not hold Us liable for any Claim arising out of or in connection with that access or release.

3.4           To the extent permitted by law, We are not liable to You:

(a)            for the theft of Your Vehicle or any property from Your Vehicle;

(b)           damage to Your Vehicle, including through a collision between Vehicles; or

(c)            any injury or death arising from any use of or activity in the Carpark or when travelling to or from the airport.

(d)           You indemnify Us in respect of any Claim (including legal costs and expenses on a full indemnity basis) made as a consequence of, in relation to, or in any way arising out of Your use of the Carpark.

(e)            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, (including but not limited to another vehicle in the Carpark), directly or indirectly caused or contributed to by You or any person authorised by You due to:

(a)            unsafe or illegal operation of Your Vehicle;

(b)            non-compliance with these terms & conditions;

(c)            negligence or misconduct; or

(d)            any wilful, intentional or malicious act, by You or any person authorised by You while in the Carpark except to the extent that any negligent act or omission by Us contributed to the cost, expense, loss or damage.

(f)             To the extent permitted by law, neither party is liable to the other for any indirect, economic, special or consequential loss or damage. 

(g)            We are not liable in any way unless:

(i)              we have been negligent; or

(ii)            we have breached Our statutory obligations to You.

(h)           We are not liable for any circumstances or events beyond Our control including but not limited to any failure of or interruption to Our services or operations for any reason, any banking system or essential service failures.

(i)             To the extent permitted by law, in the case of any guarantees, warranties or conditions implied into these terms & conditions by the Competition and Consumer Act 2010 (Cth) or any other law, Our liability is limited to at our absolute discretion:

(i)              supplying the services to You again;

(ii)            the payment of the reasonable costs of having the services supplied again; or

(iii)           a refund of some or all of the Parking Charges paid by You.

(j)             If, in the unusual event, after you have received your Booking Confirmation, We are unable to accommodate You in the Carpark We may will refund any amount that You have paid to Us. The refund of this amount will be the extent of Our liability to You and You release Us from and will not hold Us liable for any Claim arising out of or in connection with our inability to accommodate your Booking

4.              Parking Costs

4.1           The Parking Charge and all parking costs or expenses payable by You pursuant to these terms & conditions are payable in full by You without deduction or set-off. You authorise Us to charge any credit card or debit card previously provided by You and accepted by Us for any such costs or expenses.

5.              Booking Process

5.1           By providing Your credit card or debit card details to Us You authorise Us to charge Your credit card or debit card the Parking Charge and any other amount payable pursuant to these terms & conditions.

5.2           If Your credit card or debit card payment fails, Your Booking may, at our election, be cancelled.

5.3           Bookings are only valid when We receive payment of the Parking Charge and You receive a Booking Confirmation.  You may receive Booking Confirmation in person, via email, text message or from Our Website.  

6.              Prices

6.1           The Parking Charge includes GST and may also have a reasonable credit card or debit card processing fee added and any fee or cost for a currency variation incurred by Us. Unless You make any changes or overstay the Booking Period, the Parking Charge is fixed at the amount specified in Your Booking Confirmation.  No further discounts will apply.

6.2           From time to time We may offer special promotional parking rates, subject to such terms & conditions as advised at the time of Your Booking.  These promotional parking rates may be varied, amended or cancelled by us at any time.

7.              Early Returns & Overstays

7.1      Unless Your Booking is cancelled in accordance with these terms & conditions or otherwise abated according to law, You agree to pay Us to the Parking Charge to use Our Carpark during the Booking Period.

7.2           The Booking Period is a single consecutive unbroken period commencing at the start of the first 24 hour period noted in the Booking Confirmation.  Subject to these terms & conditions We grant You a non-exclusive licence for the parking of Your Vehicle in the Carpark.  The rights conferred on You are contractual only and do not give You any interest in the land.

7.3           Unless otherwise agreed You are not entitled to discounts, credits or other rebates if Your stay is shorter than the Booking Period.  If You arrive early or leave late causing Your Vehicle to be parked in the Carpark for a period of time that is outside the Booking Period, You will be charged additional fees at the rate displayed on Our Website for the Service Level of Your Booking Confirmation.

8.              Service Level and Availability

8.1           We reserve the right to limit the number of bookings in Our Carpark and to limit the number of available bookings for each of the Service Levels.  The availability of Carpark spaces and Services Levels is subject to Our technical, logistical, operational and security requirements.

8.2           Your Booking is valid only for a single use in the Booking Period or the Service Level specified in Your Booking Confirmation.

8.3           Unless otherwise specified in the Booking Confirmation the Booking is for the uncovered parking Service Level.

8.4           When making a Booking You may specify one of the following Service Levels:-

(a)            Covered Parking – this service level is Our premium service and is intended to use a fenced and covered area to contain Your Vehicle.

(b)           Partially Covered Parking – the Carpark provided by Us will be shaded with shade sails or similar product.  To the extent possible, depending on the angle of the sun, Your vehicle is intended to be stored predominantly in the shade but your Vehicle may be subject to some sun exposure.

(c)            Uncovered Parking – this is any Carpark that We make available to You that is neither Covered Parking or Partially Covered Parking.

8.5           We do not make any representations that any carpark space or any Service Level is fit for any particular purpose and you should make your own inquiries regarding the carpark space and Service Level that is most appropriate for your requirements.

8.6           We will make every reasonable effort to meet the requested Service Level in your Booking Confirmation, however, there may be instances where the requested Service Level cannot be provided.  In these instances, You may elect to terminate Your Booking at any time prior to its commencement and receive a refund of any Booking Charges.  The refund will of this amount will be the extent of Our liability to You and You release Us from and will not hold Us liable for any Claim arising out of or in connection with our inability to accommodate your Booking.

9.              Arrival and Exit at the Carpark  

9.1      When You arrive or leave the Carpark You must produce confirmation of Your Booking and any other necessary evidence that We may request so that We are satisfied of Your identity and your entitlement to park in the Carpark or be granted access to and or possession of Your Vehicle. 

9.2           Keys to Your Vehicle must be left with Us, and Your Vehicle must be able to be driven safely, failing which You agree to paying Us any reasonable costs incurred in accessing or moving Your Vehicle or reasonable costs incurred as a result of Our inability to access or move Your Vehicle. 

10.           Vehicles

10.1        The Vehicle must fit within a standard carpark space, as reasonably defined by Us. Vehicles that do not fit within a standard carpark space are subject to additional costs.  Arrangements to park larger Vehicles may be requested.

10.2        Vehicles left in the Carpark must be locked. Parking tickets and valuables must not be left in Vehicles. 

10.3        We may move or remove a Vehicle where reasonably required by Us including for operational or safety reasons or if the Vehicle is parked in an unauthorised carpark space.

10.4        You must comply with all the Carpark signs and direction markings as well as any instructions issued by Us. 

10.5        You must enter the Carpark in the Vehicle with the registration nominated in Your Booking.  If not, Your Booking may not be recognised, and additional charges may apply. If the Vehicle is not recognised, You will be required to present evidence, satisfactory to Us, that the Vehicle presented by You at the Carpark was intended to be the subject of the Booking.

10.6        You authorise us to move Your Vehicle for logistical, operational and security requirements.

10.7        You agree that We have a lien over Your Vehicle and its contents for any amount payable by You pursuant to these terms & conditions.  We are entitled to retain possession of Your Vehicle and its contents as a security for payment of the amount that is owed.

10.8        Acceptance of the Vehicle for storage is subject to the Disposal of Uncollected Goods Act 1967.  That Act confers on Us a right of sale exercisable in certain circumstances after an interval of not less than six (6) months from the date on which the Vehicle is ready for re-delivery at the end of the Booking Period.

11.           Deadline for Booking

11.1    Unless otherwise agreed by Us, Bookings are required to be made at least four (4) hours prior to You bringing Your Vehicle into the Carpark.  If a Booking is not made at least four (4) hours prior to commencement of the Booking, You acknowledge that We are unlikely to be able to provide transport to the airport in time for Your flight.

12.           Assignment

12.1        You agree not to resell, lease, licence or market Your Booking without Our express written consent. 

13.           Cancellations, Amendments, Refunds and Credits

13.1        Cancellations and amendments to Your Booking may be requested by You by contacting Us.

13.2        If You cancel Your Booking Period at any time up to 24 hours prior to the commencement of the Booking Period You will be entitled to a refund of the Parking Charge paid by You less an administration fee that We may elect to charge for that cancellation.

13.3        When You cancel Your Booking, You will receive a cancellation confirmation.  If Your Booking has been cancelled pursuant to these terms & conditions a refund will be made to the credit card or debit card used for the original Booking.  You will be refunded Your original Booking Price less bank and other third-party charges.  You acknowledge that it may take up to seven (7) business days to receive the refund on Your credit card or debit card, depending on Your bank.

13.4        Subject to availability You may extend Your Booking Period at any time prior to the end of the Booking Period. You must pay the Booking Price for the extended period at the time that You extend the Booking Period.

13.5        You are not entitled to a refund for an amendment or cancellation if You: 

(a)            cancel Your confirmed Booking Period less than 24 hours prior to the commencement of that Booking Period;

(b)           did not pay for Your Booking using Your own credit card or debit card (for example, if You booked via a third-party travel agent who processed the Booking using their own credit card or debit card);

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

(d)           your Vehicle exceeds the size limits for Vehicles that We impose from time to time; or

(e)            you booked a Special Offer and the terms of the Special Offer do not provide for amendment or cancellation.

13.6        Refunds are only available against Bookings.  No refunds will be issued for prepaid vouchers.

14.           Transport to & from Airport

14.1        As part of your Booking, transport for one trip to and from the Townsville airport is available to Our customers and a reasonable number of persons travelling with them.  You must specify the maximum number of persons in Your Booking.  If more than one trip is required or you make additional transfer requests you will be required to pay further reasonable costs.

14.2        No guarantee is given as to the time taken, availability or frequency of transport to the airport. To the extent permitted by law We are not liable to You for any reason for any flights missed by You or persons travelling with You. It is Your responsibility to meet Your airline’s check-in time and to allow sufficient time for unexpected delays such as traffic congestion at or near the airport, unavailability of a carpark space, accident or road works.

14.3        For reasons of safety or acting in compliance with any statute, regulation or permitted laws, a shuttle bus driver may prevent access to and or remove any passenger or luggage item from a shuttle bus.

14.4        Passenger numbers are limited to seating capacity. No standing is permitted in the shuttle bus. Carriage of luggage may be limited. Unaccompanied baggage cannot be carried. Carriage of animals is not permitted without prior approval.

14.5        You are liable for any damage to a shuttle bus or any luggage or equipment caused in any manner whatsoever, whether by You or a person travelling with You.  You agree to make good any such loss or damage at Your expense.

15.           Credit card or debit card fraud

15.1        To the extent permitted by law We are not responsible for or liable to You for any Claim where Your credit card or debit card is fraudulently used in an unauthorised manner when making a Booking, amending a Booking Period, paying any Booking Charges or paying any other parking costs or expenses that may be due and payable.

16.           Personal Information

16.1        In making Your Booking, You agree to provide Us with personal information including Your name, email address, phone number, number of persons travelling and Vehicle registration.  You must ensure that all personal information is accurate and current. If You do not provide this information, You will not be able to complete Your Booking.  We will use, store, process and disclose this personal information in accordance with Our Privacy Policy.  We may also use Your personal information for marketing, profiling, research, publicity, newsletters and promotional purposes including the granting of access to any other approved or authorised individuals. By submitting the Booking request, You consent to such use. Any complaints about privacy issues are to be directed to Us in writing.

16.2        You warrant that:

(a)     You are legally capable of entering into binding contracts;

(b)           Any information You provide to Us is complete and accurate; and

(c)            You are acting in an individual capacity for personal domestic, non-commercial use.

16.3        We may share Your information with Our service providers who support Us to provide parking and any additional services such as contractors who provide Our Booking platform, card payment services and valet services. It is possible that some of the information collected may be disclosed to service providers outside of Australia. This may occur, for example, where We have a database hosted outside Australia.

17.           Your use of Our Website

17.1        You agree to use Our Website only for the purposes permitted by these terms & conditions, any applicable law, regulation and or generally accepted practices and guidelines. You agree that You will not use nor engage in any activity that interferes with or disrupts Our Website, its servers, networks, booking processes or hosts of Our Website. You agree not to attempt nor engage in any activity or action that may circumvent, disable, redirect or otherwise interfere with Our Website or any of its security related features, preventions, redirections, restrictions or Booking processes, including the use or copying of any Website content or limitations.

18.           General

18.1        No delay or omission to exercise any right power or remedy accruing to Us impairs any of our rights, powers, or remedies and it will not be construed to be a waiver.  Any waiver will be effective only if it is expressed in writing.

18.2        These terms & conditions are governed by and shall be construed in accordance with the laws of the State of Queensland, Australia. If You access Our Website in a jurisdiction other than that State, You are responsible for compliance with any applicable laws of that jurisdiction.

18.3        If any part of these terms & conditions is held to be unenforceable or invalid by a court of competent jurisdiction then that part will be severable from and will not affect the continued operation of the rest of these terms & conditions.