TERMS AND CONDITIONS FOR USE OF TERMINAL PRECINCT ROADWAYS AND PARKING
Thank you for using Nelson Airport Limited’s (“NAL”) Roadways and Carparking. NAL prides itself on the facilities it provides and looks forward to sharing them with you. To ensure everyone's enjoyment there are some rules that need to be followed when accessing and parking your vehicle in the carparks located within NAL terminal precinct (“Carpark”) as set out in these terms and conditions (“Terms”).
Thank you for your co-operation.
1. GENERAL CONDITIONS
1.1 Any time that you enter the NAL’s terminal precinct by vehicle you do so in accordance with the following Terms:
(a) you agree to be captured by CCTV and license plate recognition for the purpose of identifying the parking fee payable;
(b) you agree to pay the applicable parking fee for contracted parking or that which is displayed at the Carpark entry/exit barriers;
(c) you must comply with the Terms and comply with any signage, conditions and instructions displayed within the terminal precinct;
(d) you must comply with all reasonable directions and requests made by NAL, or such other person authorised by NAL;
(e) you must comply with all applicable laws, bylaws (including but not limited to the Nelson Airport Bylaws), regulations, speed limits, orders or notifications in force relating to driving including any applicable road rules; and
(f) NAL may refuse you entry to the Carpark without obligation to provide reasons for the refusal. You may be requested to leave the Carpark or pay a penalty fee if you are in breach of any of these Terms, or if you are, for any reason, disturbing, causing discomfort or threatening the safety or security of another customer, staff, vehicle, or the Airport. Any failure to pay such penalty fees will result in debt collection proceedings.
2. PERMITTED USE
2.1 You must only use the Carpark for personal use and must not use the carpark for commercial operations, unless NAL provided prior written consent.
2.2 You may only park in designated Carpark areas.
2.3 You may not park in spaces designated for persons with limited mobility without the consent of NAL and/or without displaying a mobility parking permit on your dashboard issued by a relevant authority.
2.4 NAL Carparks are always monitored, and you acknowledge that if you enter the NAL Carpark and breach any of these Terms NAL staff may:
a) issue you with an infringement notice and/or fine; and
b) require you and your vehicle to immediately exit the Carpark.
2.5 You must not park in a parking space beyond the time limit that is displayed as pertaining to that parking space. Penalties may apply for exceeding the time limit.
2.6 You must not obstruct any accessway or other Vehicle or person in the Carpark.
2.7 No claim may be made against NAL regarding any variation to the hours of use.
3. SECURITY
3.1 While NAL endeavours to take all reasonable care to ensure the safety of vehicles in the Carpark by using fencing, lighting and CCTV, NAL provides no warranty in respect of the security of your vehicle (or its contents) while within the Carpark.
3.2 NAL employees are not authorised to accept any of your possessions for safe custody.
3.3 By using the Carpark, you confirm you are the owner, or the authorised agent of the owner of the vehicle and agree to indemnify NAL and its employees, agents and contractors fully from any liability for loss or damage to the vehicle, your possessions, or any other vehicle or person. due to your actions or inactions.
4. PAYMENT
4.1 A parking fee may be payable each time your vehicle departs from the Carpark. Prior to departing the Carpark, you agree to pay the parking fee as set by NAL. The relevant parking fee is displayed at entry/exit barriers, payment booths outside the terminal, and on NAL’s website and may be amended by NAL from time to time.
4.2 Payments accepted by NAL for use of the Car Park are non-refundable.
4.3 In the event of a lost or misplaced ticket, NAL may, at its discretion, use its CCTV surveillance and licence plate recognition systems to determine the parking charges payable with respect to your vehicle. NAL’s decision in this regard shall be final and binding. There may be a charge for a lost ticket determined at NAL’s discretion. If such a charge applies, you are required to pay such a charge in full by the payment date specified on the invoice NAL provide to you, or otherwise directed by NAL.
4.4 Any action or activity to avoid or prevent payment of parking fees due, is not permitted and will attract the parking fee owing, a fine of $200 and a $50 administration fee. Users who attempt to avoid payment of fees on a recurrent basis will be referred to the Police and may be issued with a trespass notice.
5. RESPONSIBILITY
5.1 NAL is not liable to you or any other person for:
(a) personal injury to you, any customer, or any other person while in the Carpark.
(b) damage, destruction, or theft of any vehicle or its contents however caused, including damage, destruction or theft caused by any other person, while at NAL’s premises; or
(c) loss caused by your negligence, breach of the terms, or your failure to comply with any applicable laws, regulations, orders or requirements.
5.2 You must not drop any rubbish or debris or allow your vehicle to emit any substance onto the Carpark. You will be liable and must pay for any repair or cleaning that may be required to the Carpark as a result of your use of the Carpark.
5.3 You will be liable and must pay for any damage to another vehicle caused by you or your vehicle.
5.4 Nothing contained in these Terms limits or restricts any of your statutory rights or remedies.
6. REMOVAL OF VEHICLE
6.1 You acknowledge that NAL may need to cancel parking services or remove any vehicle due to construction, development, limited availability of parking spaces, technical problems, an emergency event or any other event beyond the reasonable control of NAL. In no circumstances will NAL be liable for any loss which you may incur because of any such occurrence or event and such removal.
6.2 Unregistered vehicles parked for periods more than 3 months may be treated as abandoned. NAL reserves the right to sell or dispose of any vehicle that has been abandoned in the Carpark and retain the proceeds of the sale to recover the fees or charges owing to NAL, provided NAL makes reasonable efforts to identify and give notice to the owner of the vehicle.
6.3 Notwithstanding if in NAL’s reasonable opinion a car has been abandoned and NAL, using reasonable endeavours, is unable to locate the owner to arrange removal, NAL may, at the owner or their agents cost, take any action it considers necessary including but not limited to clamping of the vehicle or removal of the vehicle and storage at another location.
6.4 For stays longer than 3 months, the owner must register the vehicle with NAL customer service team.
7. CHANGES TO TERMS
7.1 NAL is entitled to amend these Terms at any time without notice.
If a vehicle has already entered the car park prior to an amendment in the terms, that vehicle is still held to the terms in effect at the time of entry.
8. COLLECTION OF PERSONAL INFORMATION
8.1 NAL collects your personal information when you enter and use the Carpark, including CCTV footage of you and your vehicle licence plate by way of license plate recognition software. NAL also retains any communications and transactional information it has with you, including any feedback you provide.
8.2 NAL will use and share this information with third parties for the following purposes:
(a) administering the Carpark's management system including verifying time of entry and exit of your vehicle to the Carpark;
(b) restricting future entry to the Carpark if your vehicle is involved in any activity which breaches these Terms or causes the Airport or NAL damage;
(c) credit management (including credit checks} and debt collection; and
(d) security monitoring of the Carpark.
8.3 You have rights of access to, and correction of, the personal information held by NAL. You can contact NAL at privacy@nelsonairport.co.nz.
9. WAIVER
9.1 If NAL fails to act or pursue any right or remedy available pursuant to these Terms, this will not in any way prejudice NAL’s right to exercise that or any other right or remedy.
10. DEFINITIONS AND INTERPRETATION
For the purposes of these Terms, unless the context otherwise requires, the following definitions shall apply:
"Airport" means Nelson Airport owned and operated by NAL.
“Carpark" means the carparks and roadways located at Nelson Airport and includes all bays, buildings and structures on the carpark and the surrounding driveways and fences.
"claim" includes any claim for damages, loss, compensation, demand, remedy, liability or action.
"CCTV" means closed circuit television.
“costs" includes any fees, charges or costs incurred, including, but not limited to, costs on a solicitor/client basis and debt collection agency costs.
“customer(s)" means any person(s) using the Carpark.
"damage" includes direct, indirect, consequential, and special damage.
"loss" means any loss, damage, cost, or expense, including indirect or consequential loss, loss of profit or loss of opportunity.
“NAL” means Nelson Airport Limited, it’s employees and agents.
"Vehicle" means any vehicle in the ordinary sense of the word driven into the Carpark and includes a station wagon, van, ute or four-wheel drive vehicle, campervans, caravans, boats, trailers.
"you" or "your'' means the person using or entering the Carpark in accordance with these terms and conditions.