Terms and Conditions
Terms and Conditions
1.1. These are the Terms and Conditions upon which our Services are provided and shall be deemed incorporated in and shall form part of all contracts.
1.2.By making an online booking or parking at our Carparks you shall be deemed to have agreed to be bound by these Terms and Conditions; and you agree to comply with all rules and policies displayed in the Car Park and directions given to you by our staff.
1.3. No variations to these Terms and Conditions will be binding on us unless agreed by us in writing.
1.4.Any changes to these Terms and Conditions will be updated to our Website and deemed effective immediately.
2.1.Commodore Park and Fly reserves the right to store your Vehicle and its contents at any land and/or buildings which are owned or leased by us or of which we have a right of use or occupancy (“Premises”). Movement and storage of your Vehicle at our Premises is at our sole discretion.
3.Fees and Payment
3.1.Our standard parking Fees are calculated on a daily rate basis. A minimum parking Fee shall apply at all times. Please see our Website for our current standard rates and charges. Advertised rates are for standard vehicle sizes only. Rates and charges are subject to change without notice.
3.2.All payments are due on commencement of the Services and prior to the release your Vehicle should any subsequent Fees or costs be incurred. We accept payment via cash, EFTPOS, Visa, Mastercard or AMEX.
3.3.Credit Checks- We generally do not do credit checks. If however a need arises due to the failure of adhering to our Terms and Conditions, we may carry out a credit check.
3.4.We reserve the right to correct pricing should there be any calculation errors or technological errors. Booking will be cancelled without notice.
4.1.If you wish to make any payments to us by way of an approved Credit Card, you agree to provide us with all required details of your Credit Card for the purpose of charging that Credit Card for any due Fees and costs incurred in accordance with these Terms and Conditions. You warrant that the Credit Card belongs to you and/or you are duly authorised to have amounts charged to the Credit Card.
4.2.You authorise us to charge your Credit Card for all due Fees and costs incurred in accordance with these Terms and Conditions.
5.Vehicle Check In
5.1.The vehicle check in process involves taking photos of the vehicle at the time of drop off by our staff. When doing so, you must identify all dents, marks and defects in/on the Vehicle on the Vehicle Check In. If a vehicle check in is not provided to you at the time of drop off, please ask us to ensure it's done. Failure to complete a vehicle check in will waive your rights to make any claims of damage to your Vehicle. We will not check the contents of the vehicle. Any valuables must be disclosed to us at the time of parking.
6.1.At the time of drop off, you must provide one car key and any remote control device necessary to open or operate your Vehicle to enable us to perform our Services. In the event that you fail to leave a car key and/or any remote control necessary to open or operate your Vehicle then you agree to pay Towing Fees. We will not be liable for any other keys handed with the car key.
6.2.We will not be held liable for any damage caused to keys as a result of reasonable use and fair wear and tear, including (without limitation) broken/missing buttons and remote control malfunctions.
7.1.You must provide all drop off and pick up times at the time of making your Booking (“Booking Period”). You must check all details of drop off and pick up times upon check in with us. All dates and times provided to us form part of our Contract and are deemed to have been checked by you and accepted as correct upon the commencement of our Services.
7.2. You agree to notify us any change of arrival dates, time and flight number in writing via Email at least 24 hours in advance. Early pickup without notification will incur an additional charge and no refunds will be provided.
7.3.You will not be given a refund if your stay is shorter than the Booking Period. If you pick up or drop off your Vehicle any time outside of your confirmed Booking Period you will be charged for the additional time at our daily rate. You authorize Commodore Park and Fly to debit the cost of any additional time against your Credit Card.
7.4.Reservation/Parking Cancellation Policy
All cancellations must be sent in writing via email to Securepark@commodorehotel.co.nz. No phone cancellations will be accepted.
i) received at least 24 hours in advance of Date In (day you booked to park) will be refunded in full less an administration fee of $25.If you cancel on the actual Date In(Day you booked to park) then there is no refunds.
ii) Where no notice of cancellation is received in advance then your booking will be treated as a ‘no-show’ and in these cases there is no entitlement to a refund. In the event of 'no show' on the Date In, there will be no refunds.
iii) Once a vehicle is parked, there are no refunds for early pick up/ cancelled flights/ missed flights or under any circumstances.
8.Hours of Operation
8.1.We are open 24 hours, 7 days a week.
9.Limitation of Liability
The use of this parking facilities is at your own risk and you release Commodore Park and Fly and its employees or contractors fully from any liability for loss or damage to your vehicle or any other possessions caused by circumstances out of our control. While we take utmost and reasonable care to keep your vehicle safe, we cannot guarantee the security of your vehicle. In any event of damage or accident caused by our staff during the parking of your vehicle, our insurance will cover the cost of repairs. Normal wear and tear of vehicle will not be considered as damage and will be exempted from claim.
9.1.We undertake to exercise reasonable care and skill when providing our Services. To the fullest extent permitted by New Zealand law, we shall not be held liable in tort (including negligence), contract or on any other basis whatsoever for (without limitation):
i. Destruction, loss or damage to your Vehicle, your Vehicle’s contents, your baggage, or any other possessions caused by theft or natural disaster;
or ii.Any delay in transporting you, your authorised agent, or your accompanying passengers between the Airport and the Premises;
or iii.Any consequential, indirect or special loss whatsoever (including loss of profits), in any circumstances and for whatever reason.
9.2.Where any such liability cannot be excluded then, subject to clause 23.1, our liability shall be limited to amount you have paid for our Services.
9.3.We will not be liable for any loss or damage caused by you, your agent whilst in control of your Vehicle. You are liable for any destruction, loss or damage caused to any other persons or property, including our property, by you or your agent whilst in control of your Vehicle.
9.4. If the performance of any obligations we may have under the Contract is prevented or delayed by any act or omission by you, your agents, contractors, employees or representatives, we are not liable for any costs, charges, damages or losses incurred by you arising directly or indirectly from such prevention or delay.
10.1. You and the Vehicle owner release and indemnify Commodore Park and Fly and our employees, agents, contractors and representatives from and against all and any liabilities, claims, damages, losses, costs and expenses arising out of or in any way connected with the Vehicle, its contents or the provision of our Services in respect of the Vehicle except to the extent that such liabilities, claims, damages, losses, costs and expenses are directly and solely caused by the willful misconduct of Commodore Park and Fly.
10.2.These Terms and Conditions, including any exclusion or limitation of liability, shall apply to and be for the benefit of our employees, agents, contractors and representatives to the same extent as they apply to us.
11.Free Shuttle Service
11.1.Our free shuttle service includes free transfer for you and your accompanying passengers to and from the Christchurch Airport terminals only. Any additional shuttle transfers, including transportation and delivery of property, will incur additional charges.
11.2.Shuttle transfers are on a continuous first come first serve basis. It is your responsibility to allow for sufficient time for transfer. If you need special assistance for shuttle transfers, please email us your request 24 hours in advance.
12.Lien and Abandonment
12.1.Commodore Park and fly shall have a contractual lien in respect of your Vehicle and/or any goods attached to or contained within the Vehicle at the time of storage for all due Fees and costs that may be payable in accordance with these Terms and Conditions. We reserve the right to exercise the lien, at our sole discretion, and may retain possession of your Vehicle and/or any goods attached to or within the Vehicle until we have received full payment of any due Fees and costs that have been incurred up to and including the time of release in accordance with these Terms and Conditions.
12.2. Should any due Fees or costs remain unpaid after 30 days of Commodore Park and Fly serving notice requiring immediate payment of the due Fees and/or costs, we may, after making reasonable attempts to contact you and/or the owner of the Vehicle, sell the Vehicle and/or any goods attached to or contained within the Vehicle and apply any proceeds in satisfaction of the lien. The balance of proceeds of sale (if any) after the deduction of all Fees and/or costs owed to us, including all costs associated with the recovery of the debt and the sale of the Vehicle and/or any goods attached to or contained within the Vehicle, will be accounted for by Commodore Park and Fly, and paid to you or the owner of the Vehicle upon providing satisfactory proof of ownership.
12.3.If you have not collected your Vehicle and have not contacted us within 72 hours of the expiry of your Booking Period, after making reasonable attempts to contact you, we will consider your Vehicle as abandoned and then clauses 12.1 and 12.2 shall apply.
1.4.In the event that you leave an item(s) of personal property in our Shuttle or on our premises (but outside of your Vehicle) then after 30 days from the date of this contract you consent to us donating such item(s) to a charity of our choice.
13.1.Your Vehicle and its contents are stored and driven at your own risk at all times. We accept no liability for any loss or damage to any article or personal belongings left in our custody or control. Our employees are not authorised to accept any of your personal belongings for safe custody, except the keys to your Vehicle. Any valuables in the vehicle must be disclosed to us at the time of parking.
13.2. It is your responsibility to arrive at our Premises in sufficient time for you to check in and be transferred to the Airport by shuttle. We will not be held responsible for any missed flights or delayed travel as a result of your failure to do so.
13.3.Your own insurance is to cover the Vehicle in all respects to damage or loss at all times.
14.1.By agreeing to these Terms and Conditions you warrant as follows:
i. You are either the owner of the Vehicle or the authorised agent of the owner of the Vehicle;
ii.You are accepting these Terms and Conditions on your own behalf and on behalf for all other persons or entities on whose behalf you are acting;
iii.The Vehicle you are storing with us is registered, has a current Warrant of Fitness (W.O.F), is of roadworthy condition, is reasonably drivable and suffers no defects or dangerous features that may cause harm or damage to any other person, vehicle, or the Carpark.
15.1.CCTV surveillance cameras are operational at various points throughout our Premises for safety and security monitoring purposes. While we take all reasonable care to keep our Premises safe, we cannot guarantee the security of your vehicle.
16.Authority in Respect of Vehicle
16.1.You authorise Commodore Park and Fly to perform any act that we, at our sole discretion, consider necessary to provide our Services. Acts may include, but are not limited to the following:
i. Entering the Vehicle;
II.Driving the Vehicle within our premises or to any other location necessary to enable us to perform our Services; and
iii.Adjusting seat and/or mirror positioning to enable us to operate the Vehicle safely and/or correctly perform any other services.
We accept no liability for any claim for loss or damage caused by such acts
17.Authority to Release
17.1.We will only release your Vehicle to someone who, at our sole discretion, we are satisfied is entitled to possession of the Vehicle.
17.2.You may nominate someone other than yourself to access or collect the Vehicle on your behalf by providing written authority to Commodore Park and fly via your Email Address. You must include the full legal name and description of the person who will be accessing or collecting your Vehicle.
17.3.All Customers and/or their Nominated Person(s) must provide satisfactory identification of either a valid New Zealand Drivers Licence or a valid Passport upon collection of the Vehicle. You and the owner of the Vehicle release and indemnify Commodore Park and Fly and our employees, agents, contractors and representatives from any liabilities, claims, damages, losses, costs and expenses that may arise from releasing the Vehicle to any person, provided this clause is satisfied.
18.1.Commodore Park and Fly acts as a booking agent between you and our Preferred Supplier in respect of Maintenance. We make no warranties or representations as to the work carried out by the Preferred Supplier and accept no liability for the Preferred Supplier's performance or non-performance in relation to Maintenance.
18.2.In the event that you agree to use a Preferred Supplier to carry out Maintenance, you agree to be bound by the Preferred Supplier's terms and conditions in addition to these Terms and Conditions.
18.3.If you arrange for Maintenance to be carried out by a services provider other than a Preferred Supplier, you are solely responsible for any liabilities, claims, costs, charges, damages or losses that arise directly or indirectly out of or in connection with the performance of such work including (without limitation) the collection or delivery of the Vehicle from or to the Premises.
18.4.Additional Fees will be incurred for any additional movement and preparation of your Vehicle that may necessary to facilitate the agreed Maintenance. Please enquire about these additional Fees before arranging Maintenance.
18.5.Any complaints arising out of Additional Services must be resolved directly between you and the relevant third party Service Provider.
19.1.Commodore Park and Fly sees every customer complaint as an opportunity to improve its products and services. Detailed below is what you can expect to occur if you make a complaint. Any complaints/disputes arising out of the provision of our Services must be reported to us at the time of collection of your Vehicle. Complaints must be in writing on our complaints form.
i)If our products or services have not met your expectations or if you have a concern, we would like you to tell us. You can email to us using the contact details on our website.
ii)We aim to resolve all complaints in a positive and expedient manner. Commodore Park and Fly will take your compliant and get back to you within 48 hours. However this might not always be possible as we may need to investigate the matter.
iii)Where the issues are complex, additional time may be required to allow Commodore Park and Fly to conduct proper enquiries. Where this is necessary, you will be kept informed of the progress of the investigation and the expected time fame for completion.
We may need to collect and store certain information about you, including, but not limited to, your name, address, email address, phone number and Credit Card information. The collection and storage of such information is necessary to enable us to process your Booking, provide our Services and to identify you when you enter or exit our Premises. By accepting these Terms and Conditions you authorise the use of such personal information for this purpose. We do not share your personal information with any third party and is the sole use of Commodore Park and Fly to carry out its business. Time to Time we may send you marketing material. Personal information that we collect is either held by us or on our behalf. Our physical address is 449 Memorial Avenue, Burnside, Christchurch. Some information we hold will be stored in “the cloud” in secure databases on our behalf by third parties. You are also responsible for complying with any security requirements that we notify to you. For example, you must keep your parking details safe and confidential at all times.
20.2. The collection, storage, disclosure and use of your personal information is subject to applicable laws including the Privacy Act 1993. You have the right to access your personal information recorded by us and have it updated or corrected as necessary via your log in or email us to update.
21.1.We shall not be liable to you or your agents if we are prevented from, or delayed in performing our Services as a result of acts, events, omissions or accidents that are beyond our reasonable control, including, but not limited to, failure of a utility service or transport network, an 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.
22.Consumer Guarantees Act
22.1.Nothing in these Terms and Conditions shall affect any rights you may have under the Consumer Guarantees Act 1993 except to the extent permitted by that Act. If you acquire the Services for business purposes the provisions of the Consumer Guarantees Act 1993 shall not apply to our supply of such services.
23.Governing Law and Invalidity
23.1.These Terms and Conditions shall be governed and construed in accordance with the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the New Zealand Courts. Should any provision of these Terms and Conditions 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.
Interpretation and Definitions
'Airport' means the airport known as Christchurch International Airport.
‘Booking’ means online booking via our Website, telephone booking or on-site booking.
'Carpark' means the parking space used to park the Vehicle in Christchurch.
'Contractor' means anyone contracted/subcontracted to Commodore Park and Fly in writing.
'Credit Card' means a valid credit card issued by a financial institution in the name of the Customer and supplied to us to charge the Fees and/or costs incurred.
'Customer' means any person at whose request or on whose behalf, Commodore Park and Fly agrees to provide Services pursuant to these Terms and Conditions.
Date In - Is the date you booked to park the car at our premises
Date Out - Is the day you have intend to pick up the car our premises
'Fees' means fees charged by Commodore Park and Fly or a Preferred Supplier for the Services.
''Maintenance' means repairs and other maintenance services carried out by a Preferred Supplier at the Customer’s request and subject to these Terms and Conditions in addition to those of the Preferred Supplier.
‘Nominated Email Address’ the Customer’s trusted email address provided to Commodore Park and Fly at the time of Booking and address for service of documents.
‘Nominated Person’ means any person that you nominate to act on your behalf at the time of Booking or via your Nominated Email Address in accordance with these Terms and Conditions.
‘Commodore Park and Fly’ means International Motor Inn trading as Commodore Park and Fly.
'Preferred Supplier' means the supplier that Commodore Park and Fly choose to use to carry out Maintenance.
‘Services' means the services offered by Commodore Park and Fly to the Customer, including the moving, parking, valet cleaning and storage of the Vehicle, shuttle transfers and any other services offered by Commodore Park and Fly from time to time.
'Terms and Conditions' means the terms and conditions set out in this document, as varied from time to time at the sole discretion of Commodore Park and Fly. ‘Website’ means Commodore Park and Fly www.commodorehotel.co.nz/parkandfly.
Words importing natural persons include partnerships, bodies, corporate, associations, governments and governmental and local authorities and agencies.
A reference to a party includes its executors, administrators, successors and permitted assigns.
A reference to these Terms and Conditions includes a reference to the document as amended or replaced at the sole discretion of Commodore Park and Fly.
A reference to 'we', 'our' 'ourselves' or 'us' means Commodore Park and Fly
A reference to 'you', 'your' or 'yourself' means the person who is the Customer.