Terms & Conditions: Online Booking
1. APPLICABLE TERMS
These Terms and Conditions set out the terms which apply to our acceptance of bookings to park in
our Car Parks. It is important that you read them and understand them before completing your
Booking.
Your access to and use of the Website and any Booking made through our Website is subject to these
Terms and Conditions and the Mackay Airport Terms of Use. Use of the Website and any Booking
made through the Website indicates your acceptance of these Terms and Conditions.
Your entry into and use of the Car Parks is also subject to the conditions of entry to car parks which
are displayed at the entry to all Mackay Airport Car Parks and can be found in the Airport Notices
published on the Website (“Conditions of Entry to Car Parks”) .
Where you are booking a park that is offered at a promotional or discount rate, the terms and
conditions for the applicable promotion or discount will be made available for your review and
acceptance.
2. DEFINITIONS
When reading these Terms and Conditions the following words or phrases have the following
meanings, unless the context otherwise requires:
2.1 “Booking” means any booking made through our Website for the parking of a Vehicle at a Car
Park.
2.2 “Booking Details” means the details of your Booking as communicated by us and accepted by you
in the process of completing your Booking on our Website including the Booking Period and the
specific type of Car Park booked and the Booking Fee.
2.3 “Booking Fee” means the fee or fees payable in relation to your Booking, as specified in your
Booking Details.
2.4 “Booking Period” means the period covered by your Booking, as specified in your Booking Details.
2.5 “Car Parks” means the car parking spaces identified and controlled by us at Mackay Airport
including Short Term, Long Term and Covered Car Parks, and “Car Park” shall be interpreted
accordingly.
2.6 “GST” means the goods and services tax as provided for by the GST Law.
2.7 “GST Law” means the A New Tax System (Goods and Services Tax) Act 1999 as amended or
replaced from time to time and any associated legislation;
2.8 “Online Booking Engine” means the online booking service including the Software provided and
operated by us for your use in making a Booking.
2.9 “Personal Information” has the meaning given to it in clause 14 of these Terms and Conditions;
2.10 “Software” means any software which is required by, relevant to, or used in conjunction with the
Website and the Online Booking Engine including but not limited to all object and source codes,
copyright, inventions, discoveries, novel designs whether or not registerable as designs or patents,
including any invention of or development or improvements to equipment, technology, methods or
techniques relating to the software;
2.11 “Tariff Board” means any board or notice at the entrance to a Car Park area displaying the
standard charges to be paid for parking.
2.12 “Vehicle” means any vehicle parked (or to be parked) in a Car Park which fits the specifications
in clause 9 and includes any mechanical device on wheels or tracks, its equipment and accessories.
2.13 “we, us, our” means Mackay Airport Pty Ltd AN 132 228 534.
2.14 “Website” means our website at the domain www.mackayairport.com.au with its home page or
parking home page.
2.15 “you, your” means the person making a Booking, and (if applicable) any other person who uses
a Car Park for the parking of a Vehicle via that Booking.
2.16 The headings are for information only and do not affect the interpretation of these Terms and
Conditions.
3. CHANGES TO TERMS & CONDITIONS
3.1 Mackay Airport reserves the right to vary, amend and update the Online Booking Engine, the
Website or these Terms and Conditions at any time without prior notice and you will be bound by
such changes. When the Terms and Conditions are varied, amended or updated they will be displayed
on our Website. It is your responsibility to check the current Terms and Conditions.
4. ONLINE BOOKING ENGINE
4.1 The Website provides an Online Booking Engine by which you may make a request for a Booking
for a Car Park on the basis of the Booking Period and type of Car Park which you specify. You warrant
that all information provided by you to us is true and correct.
4.2 When you have submitted a request via the Online Booking Engine on the Website, you will
receive an email confirmation of your Booking Details and receipt for payment of the Booking Fee.
Your Booking is not complete until such time as this email confirmation is received.
4.3 Mackay Airport reserves the right to limit the number of Bookings per person and the number of
spaces in the Car Parks available for Booking via the Online Booking Engine.
4.4 We do not warrant that:
(a) the Online Booking Engine, the Software or the Website will provide any function for which it is
not specifically designed;
(b) the Online Booking Engine, the Software or the Website will provide any minimum level of
performance;
(c) the Online Booking Engine, the Software or the Website will be virus free or free of performance
anomalies or be operational without interruption;
(d) the Online Booking Engine, the Software or the Website will be available for use at all times.
4.5 You warrant to us that at the time of entering into the Online Booking Engine or the Website, you
were not relying on any representation made by us.
4.6 Except as expressly provided to the contrary in these Terms and Conditions, and to the extent
permitted by law, we make no representations or warranties of any kind, express or implied as to the
operation of your access to or the results f your access to the Software, the Online Booking Engine or
the Website (including any related or linked websites) or the correctness, accuracy, timeliness, or
completeness or reliability of the information or content included on the Online Booking Engine or the
Website.
5. NO RESALE
You agree that you will not attempt to resell or market any Booking, whether on its own or bundled
with other products or services, without our prior express written consent.
6. BOOKING FEE AND PAYMENT
6.1 The Booking Fee quoted by the Online Booking Engine for the Booking:
(a) is in Australian dollars and is inclusive of GST; and
(b) is fixed only when you complete your Booking. Quoted prices may vary depending on the time of
Booking and availability.
6.2 When you give us your credit card details to complete your Booking, you are authorising us to
charge your credit card with the Booking Fee.
6.3 We may, from time to time, offer discounted or promotional rates in respect of the Car Parks.
These discounts or promotions will be subject to such terms and conditions as advised at the time of
Booking. All such discounts and promotions are subject to limited availability depending on availability
of spaces in the Car Parks, and we reserve the right to add or remove allocated spaces in the Car
Parks to or from the promotion, or to vary, amend or cancel promotional rates at any time.
6.4 Not all promotions available at Mackay Airport will be available via the Online Booking Engine.
Conversely some promotions may be exclusive to the Online Booking Engine.
7. BOOKING PERIOD & CAR PARKS
7.1 There are no refunds or adjustments available if your stay at the Car Park is shorter than the
Booking Period.
7.2 The Booking Period is limited to one entry and one exit only.
7.2 If your vehicle is parked in a Car Park for any time outside the Booking Period (e.g. if you arrive
early and/or leave late) you will be charged for the time outside of the Booking Period at our standard
tariff Car Park rates as noted on the Tariff Board. These rates may vary from the rates quoted via the
Online Booking Engine at the time of making your Booking.
7.3 If you park in the incorrect Car Park, you will be charged the standard tariff Car park rates for
that relevant Car Park as noted on the Tariff Board. You will not be entitled to a refund or credit in
this instance.
7.4 The maximum Booking Period is 99 days.
8. ARRIVAL AND EXIT AT THE CAR PARK
8.1 When you arrive at the appropriate Car Park, you must insert the same credit card used for your
Booking (or the credit card nominated at the time of making your Booking) into the barrier.
8.2 When exiting the car park, you must use the same credit card as used upon entry.
8.3 If you use the incorrect credit card either upon arrival or exit, you will be charged the standard
tariff Car Park rates for that relevant Car Park as noted on the tariff Board. You will not be entitled to
a refund or credit in this instance.
9. LARGE/HEAVY VEHICLES
9.1 We only accept cars and light vehicles that are able to fit within the dimensions of a standard car
park (5.4m x 2.4m) subject to the following height restrictions;
(a) Domestic Short Term (Southern Entry) up to 4.0m high.
(b) Long Term up to 4.0m high.
(c) Covered up to 2.2m high..
9.2 You are not entitled to a refund if your Vehicle exceeds the size limits we impose from time to
time. Please contact us if you wish to make special arrangements to park a larger Vehicle.
10. CAR PARK CAPACITY
10.1 In the unusual event that the Car Park you have been allocated in your Booking has reached
capacity prior to your entry within the Booking Period, we will use our best endeavours to locate an
alternative Car Park at no extra charge to you. If you are required to park in a less expensive Car
Park, we will refund the difference between the rate on the Tariff Board for that Car Park and the
Booking Fee for the Cark Park you were allocated in your Booking Details.
11. Conditions relating to ‘Cheap Friday’ parking promotion
- Promotion not currently active.
12. Parking Subscribers Special Offer – Conditions
- Promotion not currently active.
13. CANCELLATIONS, AMENDMENTS AND REFUNDS
Cancellation and refund terms vary depending on whether you have a booked Flexible (standard)
Rates or Non-Flexible (Discount/Promotional) Rates as set out below.
Cancellations and amendments may be made to your Booking by clicking “manage my Booking” and
selecting the relevant option/s in the Online Booking Engine.
(a) Flexible (Standard) Rates
(i) You may cancel your Booking at any time up to 24 hours before the commencement of the
Booking Period.
(ii) For cancellations under clause 11(a), you will be refunded the full Booking Fee less payment
charges of $2.
(iii) There are no refunds for cancellations made less than 24 hours before the commencement of the
Booking Period.
(iv) You may amend your Booking up to 24 hours prior to your intended arrival at the Car Park.
Where the Booking Fee for the amended requested Booking Period or product:
(v) exceeds the Booking Fee for the original Booking, you will be required to pay the difference
between these amounts;
(vi) ii. is less than the Booking Fee for the original Booking, you will be refunded the difference
between these amounts.
(vii) You may make flexible (standard) rate bookings up to 24 hours prior to your intended arrival at
the Car Park.
(b) Non-Flexible (Discounted/Promotional) Rates
(i) There are no refunds whatsoever for cancellation of Bookings.
(ii) There are no amendments whatsoever permitted to Bookings.
14. LIMITATION OF LIABILITY
12.1 We give no guarantee as to time taken to enter the Car Park or the availability or time taken to
walk between Car Parks and the terminal buildings. To the extent permitted by law, We are not liable
to you for any reason for missed flights.
12.2 The Online Booking Engine, the Software or the Website may contain inaccuracies or
typographical errors.
12.3 The World Wide Web exists across open public networks that are neither secure nor private.
Accordingly, you acknowledge and accept the risk that any communication to or from the Online
Booking Engine or the Website may be intercepted, used or modified by third parties.
12.4 We may change any of the material on the Online Booking Engine or the Website at any time
without notice. We make no commitment to update any material on the Online Booking Engine or the
Website.
12.5 You are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability,
quality, physical state or for a particular purpose of the material, on or accessible through the Online
Booking Engine or the Website.
12.6 You accept all risks and responsibility for all loss, damage, costs and other consequences
resulting from your use of the Online Booking Engine or the Website or the material on or accessible
through the Website or any Booking you make through the Online Booking Engine or your use of the
Car Park.
12.7 We will not be liable for any loss or damage (including indirect, special or consequential loss or
damage) arising out of the use or inability to use or reliance on the material or information available
on or accessible through the Online Booking Engine or the Website, whether or not caused by any
negligent act or omission including but not limited to:-
(a) your reliance on the Online Booking Engine, the Software or the Website;
(b) the statements or actions of any employee or agent of us;
(c) any unauthorised access to or alteration of your transmissions or data;
(d) any information that is sent or received or not sent or received;
(e) any failure to store or loss of data or files or other content;
(f) your fraudulent, negligent or otherwise unlawful behaviour;
(g) any delay or interruption of the Online Booking Engine, the Software or the Website;
(h) any loss incurred as a result of a third party obtaining your Personal Information, either with or
without your knowledge;
(i) any loss or damages in relation to the supply of services on or in relation to this Website and any
advertisement placed on the Website or information made available on the Website.
12.8 To the extent permitted by law, we will note be liable for loss, damage, injury or death sustained
to you or any other person or property arising from or directly or indirectly related to any Booking,
even if we have been advised of the likelihood of such damage and whether or not caused by any
negligent act or omission or otherwise.
15. RELEASE AND INDEMNITY
13.1 You agree to release and hold harmless and indemnify and keep indemnified us, and our
officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from
and against all losses, damages, expenses and costs suffered by you (including solicitor client costs
on a full indemnity basis) and all third-party claims, liability, losses, damages, expenses and costs
arising from any claim, demand, suit, action or proceeding by any person in relation to or in
connection with your Booking, your use of the Website, the Software or the Online Booking Engine or
your use of the Car Park or your failure to comply with these Terms and Conditions, or from your
violation of any applicable law.
16. PRIVACY
14.1 The NQA Privacy Policy which is contained on the Website forms part of these Terms and
Conditions.
14.2 In addition to the NQ Privacy Policy, the following also applies:
(a) In order to process your Booking, we will be required to collect and store personal information
including your name, postcode, vehicle registration, phone number, email and credit card information
(“Personal Information”). Such Personal Information will be collected and retained for the purposes of
completing your Booking and may also be used for promotional, marketing, publicity, research and
profiling purposes (including updates, research, newsletters and promotional offers), unless you
advise us that you do not wish to receive this material. By accepting these Terms and Conditions you
agree to the processing and disclosure of the Personal Information for the above mentioned purposes
but if you would like to review or modify any part of your Personal Information then you should
contact us.
(b) We will, on request, provide an individual with access to any Personal Information it holds about
you unless there is an exception which applies under the Australian Privacy Principles set out in the
Privacy Act 1988 (Cth) preventing such disclosure.
(c) We may recover our reasonable costs of providing access to this Personal Information from the
individual making the request.
(d) Appropriate technology and security policies, rules and measures will be implemented to protect
the Personal Information that we have under our control from unauthorised access, improper use,
alteration, unlawful or accidental destruction and accidental loss.
17. GENERAL
15.1 We shall not be liable by reason of the failure in the performance of our obligations under the
Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or
any other cause which is beyond the reasonable control of us, including any form of technological
failure or the actions of third parties.
15.2 These Terms and Conditions together with the Terms of Use and the NQA Privacy Policy which
are available on the Website constitute the entire agreement between you and us with respect to the
Online Booking Engine or the Website, and replace all prior or contemporaneous understandings or
agreements, written or oral, regarding the Online Booking Engine or the Website.
15.3 If any provision of these Terms and Conditions is found to be invalid or unenforceable, that
provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent
that it is not enforceable, and the remaining provisions of the Terms and Conditions shall remain in
full force and effect.
15.4 The failure by us to insist upon or enforce strict performance of any of these Terms and
Conditions will not be construed as a waiver of any right or remedy of us in respect of any existing or
subsequent breach of these Terms and Conditions.
15.5 No waiver by a party of a provision of this Agreement is binding unless made in writing.
15.6 The law of Queensland, Australia govern these Terms and Conditions. You hereby consent and
submit to the non-exclusive jurisdiction and venue of the Courts of the State of Queensland and the
Commonwealth of Australia for any cause of action relating to or arising under these Terms and
Conditions.
15.7 We operate the Website in Australia. Information contained on the Website may not be
appropriate or available for use in other locations. If you access the Website from other locations, you
do so at your own initiative and you are solely responsible for compliance with local laws.
15.8 The rights and remedies of a party to this Agreement are in addition to the rights or remedies
conferred on the party at law or in equity.
18. COMMENTS & COMPLAINTS
Any comments or complaints relating to the process of making a Booking should be made in writing
to us at our address below or by email to park@mackayairport.com.
Please provide us with as much information as possible. This will make it easier for us to respond to
you. We will try and answer all complaints within 5 working days. If we cannot, we will tell you when
we expect to be able to do so. If you want to make a complaint, please do so as quickly as possible
as the longer you leave it the more difficult it may be for us to check what happened.
Any further comment or queries comments relating to the above, your Booking, or Mackay Airport Car
Parks should be made in writing by email to park@mackayairport.com
