Owner Agreement  |  Cancellation Policy

Parker Agreement

Between the Owner and the Parker

1. What this agreement does

1.1.    This is an agreement between the parker (you) who is booking a Parking Spot through the Website operated by Parkey Pty Limited ABN 47 610 199 712 (Parkey) and the Owner of that Parking Spot.  
1.2.    Parkey is not the Owner of the Parking Spot but acts for the Owner for the purposes of booking the parking.  
1.3.    Definitions are at the end of this agreement.  Some terms of the agreement may be set out in the electronic information generated or sent in the booking process and confirmed in the email to you sent by Parkey.

2. Parkey represents the qwner in all dealings with you

2.1.    You agree that Parkey will act for the Owner in all dealings between you and the Owner and that things that this agreement says the Owner agrees to do, give or receive may be done, given or received by Parkey as agent for the Owner.  You must not contact the Owner directly unless Parkey directs you to do so.  

3. Bookings, payment and cancellation

3.1.    The Owner agrees to honour all bookings and grants you a licence to use and occupy the Parking Spot for the Parking Period unless terminated earlier.
3.2.    You and the Owner agree with each other to make all bookings for the Parking Spot only through the Website and acknowledge that Parkey will handle all the booking and payment process on the Owner's behalf.    
3.3.    Bookings may be monthly or weekly or on such other cycle as the Website provides at the time of booking.  For monthly bookings there is a minimum three month Parking Period unless Parkey notifies you otherwise.  Payment is required for the first cycle at the time of the booking and must be made at the time Parkey notifies in respect of each subsequent cycle.
3.4.    You must pay a deposit at the time of the booking.  The deposit is by way of security and is $200 per Parking Spot or such other amount as Parkey determines from time to time.  Parkey may apply the deposit in payment of any amount for which you are liable under this agreement including for breach of its terms, cancellation, administration fees, loss or damage to the Access Device, overstay, or damage to the Parking Spot.
3.5.    All bookings are made subject to the cancellation policy as set out on the Website  and you and the Owner each agree to comply with the terms of the cancellation policy and each authorise Parkey to administer the cancellation policy, including if necessary, by making refunds.  You may only cancel your booking by processing the cancellation through the Website. If you fail to cancel the booking using the Parkey cancellation procedure you will be liable for the full amount of the fees payable to the Owner and will not receive any refund whatsoever.
3.6.    If the Owner needs to cancel your booking Parkey may contact you with proposals for suitable alternative parking to be selected Parkey.  Note: Parkey does not promise or represent that alternative parking can be found and accepts no liability arising from the failure of the Owner to honour the booking or for the costs of alternative parking or other costs arising directly or indirectly as a result of the breach of any terms of this agreement.
3.7.    The Owner agrees that if they need to cancel your booking and the circumstances are not exceptional or not beyond the Owner's reasonable control you will be entitled to a full refund (if suitable alternative parking cannot be arranged by Parkey).
3.8.    You and the Owner agree that whether or not cancellation is due to exceptional circumstances beyond the Owner's reasonable control will be determined at the sole discretion of Parkey and each party agrees that the decision of Parkey will be binding.

4. Parking end

4.1.    You must vacate the Parking Spot before the Parking End unless Parkey tells you a later departure time or a further Parking Period is agreed.  You will be liable to pay the full price for any additional time stayed.  Where you overstay without agreement by Parkey, you will be liable to pay the Market Rate for any additional time stayed and also any additional costs incurred by the Owner as a result of the overstay .  Parkey will collect payment of any such additional fees from you on behalf of the Owner.
4.2.    If you overstay then the Owner through Parkey reserves the right to instruct a third party to remove the vehicle(s) from the Parking Spot and you will be charged for the costs of any such action.  
4.3.    Parkey has full discretion about all charges applied and actions taken in respect of overstays and the parties agree that Parkey's decision will be final.

5. Termination

5.1.    If you breach any term of this Agreement, and fail to remedy such a breach Owner may, without prejudice to its other rights hereunder, terminate this Agreement.
5.2.    Where the parking is monthly, this Agreement may be terminated by either party giving one month's prior written notice to the other.  Owner may accept one month’s Parking Fee in lieu of such notice.

6. Bay and car park allocation

6.1.    Subject to the other terms of the Agreement, where a Parking Spot is a reserved space, you may have the use of that Parking Spot to the exclusion of any other licensee.  Otherwise you have no exclusive right.  
6.2.    Whether or not a Parking Spot is a reserved space, Parkey may, if it considers it reasonably necessary for the safe and efficient operation of the relevant Car Park, from time to time amend the allocation and Parkey may notify you of the replacement Parking Spot.  Upon reallocation, any necessary changes shall be deemed made to your booking.

7. Vehicles and access

7.1.    You are only allowed parking for a vehicle if Parkey has first been notified of the registration number and your name (and any other details Parkey may require) in respect of the vehicle and Parkey has received the Owner’s confirmation of access for that vehicle.  
7.2.    Owner may through Parkey provide you Access Devices.  You agree that you must never park or allow to be parked in any Parking Spot or Car Park at the one time more than the agreed number of vehicles for which the booking has been made.  If you park or allow to be parked more than the agreed number of vehicles, Owner may at any time after becoming aware of it, require you to pay for parking of the excess vehicles at the Market Rate.  If you are not in possession of your validated Access Device when either entering or leaving a Car Park you must pay the daily parking tariff applicable to casual parking at the Car Park from time to time. All Access Devices remain the property of Owner and must be returned when this Agreement ends or earlier if Parkey requests it.  Should any Access Device not be returned for any reason, or be damaged, you must pay Parkey’s then current Access Device replacement fee or the actual cost incurred for replacing the Access Device if that is higher.

8. Parking, payment and related obligations

8.1.    You must pay to Parkey the Parking Fees without any deduction at the time of the booking or monthly in advance for long term booking.  You agree:
(a)    that your obligation to pay for parking from time to time arises whether or not Parkey has invoiced you.
(b)    to pay interest on demand to Parkey in respect of any amounts not paid when due under this agreement.  Interest is to be calculated daily at the cash target rate published by the Reserve Bank of Australia from time to time plus a margin of 3% per annum. If that rate is unavailable for any reason Parkey may choose a reasonably equivalent rate.
(c)    to comply with all the rules and regulations relating to the management and use of each Car Park as may be made from time to time by Owner (through Parkey), and to obey all lawful directions given by Owner (through Parkey) and in particular, those applicable to the display of or use of the Access Device, speed restrictions, traffic flow directions and areas designated as being either "no parking" or "reserved parking".  The conditions of parking displayed at the entrance or within a Car Park from time to time shall be deemed to be incorporated in this Agreement so far as they are not varied by or inconsistent with the express terms of this Agreement.
(d)    to use a Car Park only during the hours of operation displayed at the car park or the hours as otherwise agreed by Owner (through Parkey) including, initially, the hours specified in your booking.
(e)    (if applicable) to allow Owner or Parkey to access for any lawful purpose (including but not limited to carrying out repairs in a Car Park) any part of a Car Park which you may be entitled to access but Owner or Parkey would not for any reason be entitled to access but for this clause.
(f)    to pay any other fee and charge as referred to in your booking.
(g)    to pay the charges prescribed from time to time by Parkey or if no charges are prescribed reasonable charges for any additional service (such as battery charging, call-out or after-hours exit) Owner or Parkey may provide to you from time to time.
(h)    to ensure that any person you allow to access a Car Park (whether or not by using an Access Device or otherwise) complies with all obligations of this Agreement in respect of parking, access and conduct, as if they were you.
(i)    to pay for parking used by you or by any person you allow to access a car park, and which is not subject to the express terms of this Agreement, at the rate Parkey reasonably determines as the then applicable rate for casual parking.
(j)    you will be bound by the acts or instructions of any person appearing or purporting to act on your behalf in respect of all matters to do with this Agreement including its variation and termination.
(k)    to comply with Owner’s and Parkey’s requirements from time to time about the manner of payment of amounts under this Agreement.
(l)    to take all reasonable steps to prevent the unauthorised use of any Access Device.
(m)    that Owner or Parkey may request your proof of identity or your signature at points of exits of Car Parks or Parking Spots.
(n)    pay Owner (through Parkey) for any damage caused by you or your vehicle to the Parking Spot or any  Car Park including, but not limited to, any damage caused by oil or other substances which leak from your vehicle.
8.2.    The Owner must ensure that the Parking Spot is properly and fully described in the Parkey listing and in particular if the Parking Spot is not suitable for certain types of vehicle or if there are any access restrictions this will be specified.  
8.3.    The Owner will ensure that the Parking Spot is available for the duration of the Parking Period and will not obstruct your or prevent you from parking in the Parking Spot.
8.4.    You have primary responsibility for your own safety and the safety of the vehicle during the Parking Period and the Owner is not responsible for ensuring the safety of you or the vehicle.
8.5.    The Owner agrees that:
(o)    Parkey will be available prior to or at the commencement of the Parking Period to arrange access and for you to be directed to the Parking Spot if necessary;
(p)    they will ensure that the Parking Spot may be accessed by you and is not obstructed at the start of or during the Parking Period; and
(q)    they will ensure that the Parking Spot is clean, tidy and clear of rubbish at the start of the Parking Period.

9. GST

9.1.    Normally Parking Fees are quoted to include GST.  However, if fees or charges payable under this Agreement are calculated or quoted exclusive of GST Parkey may add GST to any such amount and the GST shall be payable at the same time as fee, charge or other amount is payable.  
9.2.    If the fee, charge or other amount is inclusive of GST but the rate of GST varies from that previously applicable, Parkey may vary it accordingly.

10. Risk, liability and the Australian Consumer Law

10.1.    The Australian Consumer Law (ACL) provides consumers with guarantees that cannot be excluded, restricted or modified.  This Agreement does not affect any rights you have under the ACL or any other legal rights which cannot be excluded or modified.
10.2.    However, to the extent permitted by the ACL and subject to any other legal restriction, Owner and Parkey each exclude:
(a)    any terms, conditions, warranties, guarantees or other liability that might apply to Owner or Parkey in respect of this Agreement or anything done under it; and
(b)    any liability for any indirect, special, consequential or economic loss or damage whether or not arising from default or negligence by either Owner or Parkey or their employees or agents.
10.3.    For services other than services of a kind ordinarily acquired for personal, domestic or household use or consumption Owner and Parkey limits its liability, as permitted by the ACL, at its option, to the re-supply of the services or the payment of the cost of having the services supplied again.
10.4.    You must indemnify Owner and Parkey in respect of all losses, costs or expenses which Owner or Parkey suffers or incurs in respect of: (a) a breach of this Agreement by you, including enforcing this Agreement; (b) the vehicle; or (c) your use of a parking Space or a Car Park.  In the case of paragraphs (b) and (c) your liability to indemnify Owner and Parkey is reduced to the extent that any relevant expense is caused by Owner’s or Parkey’s negligence or default.   This sub-clause does not affect any rights you have under the ACL or other law which cannot be excluded or modified.  
10.5.    You agree and accept that Owner and Parkey do not accept, nor does they have authority to accept, any vehicle or any other goods or chattels for secure or safe keeping or custody.   To the extent permitted by the ACL and subject to any other legal restriction, Owner and Parkey will not be liable for any loss or damage whatsoever to any such vehicle goods or chattels alleged to have been left with Owner or Parkey for safe custody howsoever such loss or damage may be caused, whether by the negligence or otherwise of Owner or Parkey or by the negligence or otherwise of any person acting with or without the authority of Owner or Parkey.

11. Driving and relocation of vehicle

11.1.    Owner reserves the right for it and its contractors or agents including Parkey to move any vehicle parked in a Parking Spot or Car Park (including by entering and driving it, lifting it, sliding it or towing it) if it decides that it is reasonably necessary in an emergency, if it reasonably appears to Owner or Parkey to be abandoned, or if it reasonably considers it necessary for the safe or efficient operation of any Parking Spot or Car Park.  
11.2.    Owner through Parkey may charge you a reasonable amount for moving the vehicle if the need to move it arises because you breach this Agreement, appear to abandon the vehicle, or have caused obstruction or during the period of retention or sale for non-payment.

12. Giving notices to you

12.1.    Owner through Parkey may give you notice under this Agreement by sending a notice to you at the address you give in your booking or any other address you notify to Parkey or Owner or at any other address where Owner or Parkey reasonably believes you to work, stay or reside.  If you give Owner or Parkey an email address, Owner or Parkey may also give you notices by email to that address.  
12.2.    Owner or Parkey may also give you a notice by leaving it on or in your vehicle inside or outside a Car Park.  Each of these ways of giving you notice may also be used to give you notice for the purposes of any legal proceedings.  You must notify Parkey if your contact details change.

13. Notification of the collection of personal information

13.1.    Parkey is committed to your privacy.  Parkey generally collects personal information about you directly from you, but may also collect personal information about you from third parties.  Parkey uses your personal information to provide parking and related services to you, to seek your feedback about their service, to carry out management and administrative activities (including debt collection), to conduct research and to communicate with you.  If all the information is not provided, Parkey may not be able to supply or arrange supply of services to you.  Your personal information may be disclosed to Parkey’s related entities, service providers and contractors, debt collection agencies, auditors, and as a result of contractual obligations, Owner and Parkey may be required to disclose your personal information to landlords of parking facilities.  
13.2.    Parkey has a privacy policy which includes information about how it collects, stores, uses and discloses your personal information; about how you may access the personal information about you that Parkey holds, and how you may seek correction of that information; and about how you may complain about a breach by Parkey of the Australian Privacy Principles, and how Parkey will deal with such a complaint.   A copy of Parkey’s privacy policy is available upon request or by visiting the Parkey Website

14. Miscellaneous provisions

14.1.    Words in this agreement importing the singular include the plural and vice versa. Words importing gender include every other gender. Words importing persons include bodies corporate and vice versa. Any indemnity or agreement on the part of two or more persons shall be deemed to bind them jointly and severally.
14.2.    Owner may vary the terms of this Agreement by notice to you and such variations will take effect no less than one month after the notice is given.
14.3.    Nothing in this agreement shall be construed as creating any bailment or tenancy or conferring any interest upon you by way of lease or otherwise in a Car Park or Parking Spot.  This agreement is personal to you and you may not transfer any of your rights or obligations in respect of it. Owner may transfer both its rights and obligations under this agreement and you must sign any novation or other document Owner requires for that purpose.  
14.4.    You warrant that you are not an aggregator or supplier of parking or parking-related services of any kind and are not acting as an agent for any such person.  If Parkey reasonably believes you are in breach of this warranty Parkey may cancel this agreement immediately without any refund and refuse to find or provide parking whether or not that has been previously notified.
14.5.    You must pay Owner and Parkey their full costs of any action to recover amounts you owe including Owner’s and Parkey’s legal and mercantile agents’ fees on a full indemnity basis.
14.6.    To the extent that any provision or part of this agreement is either invalid or unenforceable by any applicable law that provisions or part shall be ineffective and shall not invalidate or modify the remaining provisions or parts hereof, which shall continue in full force and effect.

15. Definitions

15.1    In this agreement unless the context requires otherwise:
Access Device means any form of card or identification device specified by Owner from time to time including, but not limited to, pass cards, access cards, parking cards, window passes, windscreen tokens or monthly passes.
Car Park means any car park or other premises of any kind within which a Parking Spot is located.
Market Rate means the amount determined by Parkey in its discretion to be the amount that Owner could charge another person for a parking spot and at a time or times comparable to that referred to or provided under this agreement.
Parking Period means the period from Parking Start to Parking End.
Parking Start means the time allocated in the booking for parking to commence.
Parking End means the time allocated in the booking for parking to end.
Owner means the person who owns and/or is entitled to grant possession of the Parking Spot.
Parking Fee means the fee in respect of use of the Parking Spot and any other fees payable in connection with it and which are referred to in the booking process.
Parking Spot means a parking space for which a booking has been made through the Website.
Website means the Parkey website currently at (www.parkey.com.au) and any Parkey applications.

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