1.1 Park ‘n’ Fly is a business (the Business) traded by Sure Thing Finance Pty Ltd 97 601 060 226 (the Company, we, us and our). The Business offers car parking, chauffeur and cleaning services at the Sunshine Coast Airport, as described in these terms and conditions.
1.2 To contact us please email www.scparknfly.com.au, telephone us on 1300 159 359, email us at bookings@scparknfly.com.au or write to us at 6 Cessna Street, Marcoola, Queensland (Business Premises).
2.1 These terms and conditions (Terms) apply to your use of our website or the provision of Services by us to you (Contract). To the extent permitted by law, no other terms are implied by trade, custom, practice or course of dealing.
2.2 By completing the booking procedure on our website via the “Get Parking Quote,” “Quick Quote” or “Book Now” (or similar), or by ticking the “I agree to the Terms and Conditions” upon submitting an online enquiry, or upon accepting our Services verbally, in writing or by conduct (including by entering the Business Premises), you confirm your acknowledgement of these Terms and your agreement to be bound by these Terms.
2.3 You also agree to be bound by these Terms upon your payment of our Fees per clause 5.
2.4 These Terms form part of your Booking and are legally binding on all individuals included in the Booking.
2.5 Please take the time to read our Terms and familiarize yourself with them, as they apply to the use of our website and our Services. If your Booking includes one or more individuals, you are required to convey and present these Terms to all individuals included in your Booking so that they may also note and understand our Services and these Terms.
2.6 If you have completed the Booking on behalf of one or more individuals, you warrant that the information provided on behalf of those individuals is true and correct, and that you are authorised to provide us with such information. In exchange, you acknowledge and authorise us to use and rely on such information for the purposes of facilitating the Services.
2.7 These Terms constitute the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on (whether verbal or non-verbal) any statement, promise, representation, assurance or warranty (by us, our agents, employees, affiliates, contractors or other third parties) except those expressly set out under these Terms.
3.1 Your Booking with us is acknowledged upon completion of the following:
3.2 Any amendment or variation to your Booking must be made via our website, otherwise the booking variation may not be processed. Any Booking variation which causes an increase to the Fee will require you to pay us the difference in cost in accordance with our directions. If you are unable to make the variation on our website, please contact us (noting our details under clause 1.2) and provide complete details of your Booking.
3.3 If you book our Services through a third party booking platform or agency (Third Party Platform), you are subject to the booking terms and procedures of that Third Party Platform, including any refund policy. We may otherwise offer a refund or partial refund in accordance with these Terms, at our discretion.
3.4 In completing the Booking, you acknowledge that our Services (including the Extras) may vary from time to time without prior notice to you. Any descriptions or illustrations on the website are published for the sole purpose of giving an indicative idea of the Services and we reserve the right to vary the Services in accordance with these Terms and based on the details of your Booking and any Booking variation.
3.5 Please note that your payment of the Fee does not mean the Booking is accepted by us. Our acceptance of the Booking will take place only when we confirm our acceptance to you in writing (under clause 3.1), which may be withdrawn. We reserve the right to cancel the Booking up until the Booking Date in accordance with these Terms. You are bound by the Terms in accordance with clause 2, however if we are unable to accept your Booking, we (in our sole and absolute discretion) will notify you.
4.1 Our Services include:
any other services as may be disclosed to you or published on our business website, from time to time.
5.1 Our Fees and our Services are published on our website www.scparknfly.com.au or otherwise as disclosed to you in writing or verbally. If you do not complete your Booking on our website, our Fees for our Services (including the Extras) are as disclosed to you verbally or in writing, which may change from time to time, without prior notice to you.
5.2 Any quotation provided to you may vary based on booking time and availability of car spaces. From time to time, we may offer special promotional rates, which are subject to such terms as advised or disclosed to you at the time of the Booking (the Promotion). The Promotion may not be available on our website, and may be varied, cancelled or extended by us at our discretion. Any refund terms are subject to the terms of the Promotion and, in the absence of such terms, these Terms apply.
5.3 Vehicles that exceed 5.5m in length and 2m wide are subject to additional charges. Unless otherwise disclosed on our website or to you prior to your Booking, the Fee will increase by 15%.
5.4 Unless otherwise disclosed, any Fee published on the website (or disclosed to you) is exclusive of GST.
5.5 You may pay the respective Fee by internet banking, cash, or via any third-party payment platform (if applicable). If you pay by credit card, you may be subject to a credit card processing fee.
5.6 If you are reliant on a third party entity or individual to satisfy payment of our Fee or our invoice Services, you warrant to us that you will take all necessary steps to:
5.7 Upon your payment of the Fee (unless you pay by direct internet banking), you may be redirected to a third-party payment platform (e.g., RezdyPay, Stripe, PayPal, or any platform connected with a third-party booking agent) (“Third Party Payment Terms”). You will thereby be bound by the billing and Third Party Payment Terms of such platform which are separate from these Terms. It is your responsibility to review (including any Member of your Booking) any Third Party Payment Terms and take reasonable steps to verify payment directions, accounts, or links for cyber security purposes. We bear no liability in relation to the Third Party Payment Terms.
5.8 Any other method of payment of a Fee (or the Extras) must otherwise be acceptable to us. If you wish to upgrade or vary your Booking or purchase any of the Extras, you must notify us by email or verbally prior to the Booking Date (and otherwise in accordance with our directions) so that we may promptly organise the Extras for you. If we fail to organise the requested Extras, we bear no liability whatsoever.
5.9 Purchasing the Extras is strictly dependent on timing, our capacity (with consideration to other bookings), and other factors which may be beyond our control, and shall be at a cost determined by us (with consideration to fees of any third-party providers, if applicable).
5.10 Any invoices issued to you must otherwise be paid in accordance with the invoice terms and/or our payment directions and, failing that, within 7 days of the invoice date.
5.11 Any late payments will be subject to default interest accruing at 15% per annum, calculated on a daily basis until payment of the invoice(s), charges, and other amounts (the debt) are paid in full.
6.1 We do not guarantee availability of car spaces for your Booking. We reserve the right to cancel your Booking based on limited or nil capacity for your Booking and, in such circumstances, you will be entitled to a refund. You accordingly waive any action, suit, or claim against us in every respect.
6.2 We reserve the right (in our sole and absolute discretion) to cancel your Booking and/or the Services connected to your Booking at any time due to unavailability of car spaces, technical issues, severe weather or natural disaster, Force Majeure events, guidelines, regulations or directions prescribed by a State or Commonwealth government, agency, or a competent authority which may impact the provision of our Services, cancellation of any third-party providers associated with the Services (if applicable), any event or circumstance which may void our policy of insurance, or any other ground which, acting reasonably, either:
6.3 The following terms apply if you, or your authorised representative (or any Member included in the Booking) cancel the Booking following payment of the Fee:
6.4 You acknowledge and accept that if you collect your vehicle prior to the end date of your Booking, we are not obliged to offer, or provide you with, a refund or any adjustment of the Fee.
6.5 If you do not deliver the vehicle (subject to the Booking) on the Booking Date in accordance with the Booking, we may retain the Fee or offer a partial refund of the Fee in our absolute discretion, with regard to the circumstances, but you acknowledge that we are otherwise not obliged to.
6.6 Notwithstanding any other term, any refund of the Fee under these Terms constitutes a full and final settlement between you and us of any dispute or damages you may allege against us, and you are not entitled to bring any action, claim, proceeding, or demand against Sure Thing Finance Pty Ltd (or any of its authorised persons, directors, officers, agents, employees, or contractors whatsoever) for loss or damage suffered by you.
7.1 Upon making the Booking, you warrant to us and further acknowledge that:
8.1 You accept and acknowledge that we take and store personal information relating to, and for the purposes of, your Booking and pursuant to these Terms. You further acknowledge the Privacy Statement published on our website.
9.1 If you fail to collect the vehicle within the Booking period (in accordance with the terms of your Booking), you will be charged for the additional booking time at the applicable rate of the respective day(s), of which rate is generally dependent on availability, season and other factors.
9.2 We will use all reasonable measures to contact you to discuss the status of your Booking, your plans, your authorised representative or person (if any) and other reasons for extending your Booking, or otherwise. If we are unable to contact you in respect of any overstayed or varied Booking, and separately, if we are unable to charge your card for the overstay period, we may in our absolute discretion:
9.3 To the fullest extent permitted by law, we, nor any third party service provider or contractor (including as bailee or otherwise) will be responsible for or liable to you or any person for any act, omission or negligence of any person arising from this clause 9, or for any damage, loss, expense or damage whatsoever relating to the vehicle. You agree that you will indemnify and keep us indemnified (including all legal costs and bailment related costs) under this clause 9.
10.1 It is your obligation to ensure that:
10.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 10 or these Terms (Your Default):
11.1 You (or any person authorised by you to operate the vehicle) agree to fully indemnify us, our employees, agents, authorised personnel, contractors and third party service providers (Indemnified Persons) and hold the Indemnified Persons harmless from and against all actions, suits, claims, demands, losses (including any direct, indirect, special or consequential losses), liabilities, damage, charges, expenses, interests, penalties and costs (including legal costs calculated on a full indemnity basis) incurred, suffered or arising out of or in connection with:
11.2 The indemnities in clause 11.1 apply whether or not you have been negligent or at fault.
11.3 The indemnities in clause 11.1 are continuing obligations of you, independent from your other obligations under these Terms and survive termination or expiry of the Contract, and they are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.
12.1 All intellectual property rights in or arising out of or in connection with the Services will be owned by us.
12.2 We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy the deliverables specified in your subscription (excluding materials provided by you, if any) for the purpose of receiving and using the Services and such deliverables in your business or for your personal use only. You must not assign or otherwise transfer the rights granted in this clause 12.2.
12.3 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.
12.4 We may take and use photographs or video footage of our Services or other activities organised by us, to be used for our website, social media, commercial or advertising purposes.
13.1 Contract limits or excludes our liability:
13.2 Subject to clause 13.1 we will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this Contract, including any:
13.3 Subject to clause 13.1, our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with the performance or non-performance of services under this Contract, including any breach by us of this Contract however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the Fee.
13.4 Nothing in this Contract is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of services.
13.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option, the resupply of the services or the payment of the cost of resupply.
13.6 This clause 13 will survive termination of the Contract.
14.1 When we refer to "in writing" in these Terms, this includes email.
14.2 Any notice or other communication given under or regarding these Terms must be in writing and be delivered personally, sent by pre-paid post or email.
14.3 A notice or other communication is deemed to have been received:
14.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
14.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
I noticed there were two "14.1" clauses in your original text; I renumbered them correctly15.1 We reserve the right to change or modify these Terms at any time, consistent with applicable laws and principles and without notice to you. These changes will be effective as of the date we post the revised version on our website. It is your responsibility to review these Terms prior to use and periodically throughout your use of our website and services.
15.2 Your continued use of our website and our services, including any interaction between you and us relating to other products or services provided by us, is deemed as acceptance of any modifications and amendment to these Terms.
16.1 Neither of us may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.
Words or conduct referred to in clause 16.1 include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.
17.1 We may assign or transfer our rights and obligations under the Contract to another entity.
17.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
17.3 A breach of clause 17.2 by you entitles us to terminate this Contract.
18.1 If the whole or any part of a provision of these Terms is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.
18.2 Clause 18.1 does not apply if the severance of a provision of these Terms in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under these Terms.
19.1 The Terms (comprising this Contract) is between you and us. No other person has any right(s) to enforce any of its terms.
20.1 No party will make, or permit any person to:
without the prior written consent of the other party, except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.
21.1 A party to this Contract claiming that a dispute has arisen from or in connection with this Contract (Dispute) must not commence court or arbitration proceedings arising from or relating to the Dispute, other than a claim for urgent interlocutory relief, unless that party has attempted to resolve the Dispute in accordance with this clause 21.
21.2 Compliance with this clause is a condition precedent to the right of any party to commence litigation or arbitration arising from, or in connection with, the Dispute.
21.3 A party to this Contract claiming that the Dispute has arisen must give a written notice to the other party to this Contract, specifying the nature of the Dispute (Dispute Notice) together with relevant supporting documents, and the Dispute Notice must specify the steps to remedy such dispute.
21.4 Following service of the Dispute Notice, the parties must meet promptly and within 30 days from the date of service of the Dispute Notice and attempt in good faith to resolve the Dispute.
21.5 If the parties have for any reason been unable to resolve the Dispute within 30 days of service of the Dispute Notice, the parties must attempt to settle it in good faith by mediation administered by the Australian Disputes Centre (ADC), in accordance with ADC Guidelines for Commercial Mediation applicable at the time the matter is referred to the ADC and which are deemed to be incorporated into these Terms. The mediation will be held in Brisbane, Australia.
21.6 If 60 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may request the mediator to terminate the mediation and the mediator must do so.
This clause 21 survives termination or expiry of these Terms.
22.1 You agree to grant to us (the Company):
to secure the complete and punctual payment of all monies payable under this Contract and performance of your obligations under this Contract.
You acknowledge that, for the purposes of section 20(2)(b)(ii) of the PPSA, the PPSA Security Interest over all PPSA Personal Property is taken in all your present and after-acquired property.
23.1 These Terms, their subject matter and their formation, are governed by the laws of Queensland, Australia without reference to conflict of law principles.
23.2 Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms.
23.3 Each party irrevocably waives any right it has to object to the venue of any legal process in the courts described in clause 23.2 on the basis that:
Administrative Fee means the sum of $15.00 (inclusive of GST), which may vary from time to time without notice to you, on account of our administrative and handling costs associated with the Booking.
Booking Date means the commencement date of the Services connected to your Booking (for example, the date that you deliver the vehicle for parking at the Business Premises).
Booking means the booking you made with us for the Services, via the business website or with us directly (whether by email, phone, or otherwise). Such booking may be placed by you directly or via a third-party agent.
Booking Confirmation means correspondence (e.g., email or text) from an employee, director, or agent of Sure Thing Finance Pty Ltd to you confirming the Booking has been accepted.
Extras means any additional services that may be published, marketed, or disclosed to you from time to time, including but not limited to vehicle cleaning and chauffeur services, if selected as part of your Booking.
Fee(s) means the fee payable for our Services connected to your Booking (or any variation), as published on the business website or otherwise notified to you, from time to time. Such Fee is payable prior to the provision of our Services, or otherwise in accordance with our invoice terms or our written demand.
Force Majeure Events means an act of God, peril of the sea, accident of navigation, war (including civil war), sabotage, riot, insurrection, civil commotion, national emergency, martial law, fire (including wildfire), explosion, lightning, flood, tsunami, cyclone, hurricane, tornado, or other major weather event, earthquake, landslide, volcanic eruption, or other natural catastrophe, epidemic, pandemic, quarantine, outbreaks of infectious disease, or any other public health crisis, radiation or radioactive contamination, national strike, or other major lack of availability of labour, materials, machinery, or equipment beyond the control of the affected party.
Member means (and includes) all individuals included in your Booking or participating in the provision of our Services.
Other Property means all property of you (as the Booking party or Member(s)) that is not PPSA Personal Property (whether present or acquired after the execution of the Contract).
PPSR means the Personal Property Securities Act 2009 (Cth).
PPSA Personal Property means all of your:
PPSA Security Interest has the meaning given to the term “security interest” in the PPSA.
Services includes the services published on the website and otherwise disclosed to you, including car parking, cleaning, and chauffeur services to and from the Sunshine Coast Airport, which may vary from time to time.
Sure Thing Finance Pty Ltd means and includes the directors, officers, employees, agents, authorised personnel, contractors, successors, and assigns.
Vehicle means the vehicle subject to your Booking made with us.
You means the individual who made the Booking with us, including any other Member included in your Booking, your representative, successor, and assigns.