1. DEFINITIONS & INTERPRETATION
a. ‘Airport’ means the airport(s) in New Zealand where the Air NZ Parking Services are provided for the Vehicle.
b. ‘Air NZ’ means Air New Zealand Limited.
c. ‘Air NZ/Contractor’ means Air NZ, and/or its Contractor, who provides the Air NZ Parking Services as applicable.
d. ‘Air NZ Parking Services’ means the services offered by Air NZ/Contractor to the Client, including the moving and parking of the Vehicle and any other services in respect of the Vehicle agreed to on occasions by Air NZ/Contractor such as Grooming and Maintenance.
e. ‘Car Park’ means the parking space used to park the Vehicle in Auckland.
f. ‘Contractor’ means Airport Parking Limited.
g. ‘Credit Card’ means a valid credit card issued by a financial institution in the name of the Client and supplied to Air NZ/Contractor to charge the Fees incurred.
h. ‘Client’ means any person at whose request or on whose behalf, Air NZ/Contractor agrees to provide the Air NZ Parking Services pursuant to these Terms and Conditions.
i. ‘Fees’ means fees set by Air NZ/Contractor or Preferred Supplier for the Air NZ Parking Services.
j. ‘Grooming’ means the cleaning of the Vehicle as agreed between the Client and Air NZ/Contractor.
k. ‘Maintenance’ means repairs and other maintenance services carried out by a Preferred Supplier at the Client’s request and subject to these Terms and Conditions in addition to those of the Preferred Supplier.
l. ‘Preferred Supplier’ means the suppliers that Air NZ/Contractor choose to use to carry out Maintenance.
m. ‘Premises’ means any place or places nominated by Air NZ/Contractor where the Air NZ Parking Services are performed from time to time and includes the Car Park and the pick-up and drop-off points specified by Air NZ/Contractor.
n. ‘Related Operator’ means a subsidiary of Air New Zealand Limited which operates the Valet Parking Services on behalf of Air New Zealand Limited.
o. ‘Terms and Conditions’ means the terms and conditions set out in this document, as varied from time to time at the sole discretion of Air NZ/Contractor.
p. ‘Vehicle’ means the motor vehicle which the Client delivers to Air NZ/Contractor for the purposes of receiving the Air NZ Parking Services and includes its parts, components and accessories.

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 Air NZ.

A reference to "we", "our" "ourselves" or "us" means Air NZ/Contractor.
A reference to "you", "your" or "yourself" means the person who is the Client.

2. CLIENT’S OBLIGATIONS
2.1 Your Vehicle and any articles or personal belongings inside it are left at your risk.
2.2 The Client shall pay all applicable Fees prior to the collection of the Vehicle. Our current schedule of Fees is available from airnzparking.co.nz or from 13 Freight Place, Airport Oaks. This schedule may change from time to time.
2.3 If Air NZ/Contractor’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Client, its agents, subcontractors, consultants or employees, Air NZ/Contractor is not liable for any costs, charges, damages or losses incurred by the Client arising directly or indirectly from such prevention or delay.
2.4 You must arrive at the Car Park in sufficient time for you to be transferred to the terminal by shuttle. Air NZ accepts no responsibility for any missed flights or delayed travel as a result of your failure to do so.
2.5 The Client acknowledges that where the verbal or written consent of the Client is required to perform Maintenance and has not been obtained after reasonable attempts to contact the Client, the Maintenance shall not be completed.

3. MAINTENANCE
3.1 Air NZ/Contractor acts as a booking agent between the Client and the 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.
3.2 Where the Client agrees to use a Preferred Supplier to carry out Maintenance the Client agrees to be bound by the Preferred Supplier’s terms and conditions in addition to these Terms and Conditions.
3.3 Where the Client arranges work to be carried out by a service provider that is not one of Air NZ/Contractor’s Preferred Suppliers, the Client is solely responsible for any liabilities, claims, costs, charges, damages or losses incurred by the Client arising 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.

4. LIABILITY
4.1 We undertake to perform the Air NZ Parking Services with reasonable care and skill. To the fullest extent permitted by law, we shall not be liable whether in negligence or any other tort or in contract or on any other basis whatsoever for:
(i) Any loss or destruction of, or diminution of value or damage to, the Vehicle or any articles or personal belongings inside it unless such destruction, loss of or damage is solely and directly due to the wilful misconduct of Air NZ/Contractor; or
(ii) Any delay in transporting you, your vehicle and/or other passengers accompanying you between the Airport and the Premises; or
(iii) Any consequential or indirect loss whatsoever arising from or in connection with, any of the matters or things referred to in 4.1(i) or (ii) above (including, without limitation, loss of profit or loss of market), in any circumstances and for any reason whatsoever.

4.2 In the cases where liability has not been effectively excluded, whether by these Terms and Conditions or by statute, or otherwise, the total liability of Air NZ/Contractor to the Client or to any other person shall be limited, at Air NZ/Contractor’s option, to: (i) supplying the Air NZ Parking Services again; or (ii) payment of the cost of supplying the Air NZ Parking Services.

4.3 While we shall take all reasonable care to keep the Premises safe, we cannot guarantee the security of your Vehicle while at the Premises.

4.4 We will not be liable for any loss or damage caused by your Vehicle. You are liable for any destruction, loss or damage caused by your Vehicle to other persons or property, including our property.

4.5 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.

4.6 These Terms and Conditions including any exclusion or limitation of liability shall apply to and be for the benefit of the Related Operators, our subcontractors, agents, employees and representatives to the same extent as they apply to us. The aggregate amount recoverable from us, the Related Operators, our subcontractors, agents, employees and representatives shall not exceed the amount of our limit of liability at clause 4.2.

5. WARRANTY AND INDEMNITY
5.1 The Client warrants that the Client is either the owner or the authorised agent of the owner of the Vehicle and by agreeing to these Terms and Conditions you accept these Terms and Conditions as or for the Client as well as for all other persons on whose behalf the Client is acting.
5.2 Without limiting the generality of clause 5.1, the Client warrants and agrees that the Client and the Vehicle owner (if the Client is not the owner) releases and indemnifies Air NZ, Contractor, and the representatives, agents, employees, directors, and officers of Air NZ and Contractor 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 accessories, contents or the provision of the Air NZ Parking 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 wilful misconduct of Air NZ/Contractor.

6. AUTHORITY IN RESPECT OF THE VEHICLE
The Client authorises Air NZ/Contractor and its staff, agents, employees, subcontractors to perform any act that Air NZ/Contractor deems to be necessary for it to supply the Air NZ Parking Services, including without limitation, the following:

(i) Entering the Vehicle.
(ii) Driving the Vehicle within the Premises or to any location outside the Premises to enable Air NZ/Contractor to supply the Air NZ Parking Services. The Vehicle may be shifted between locations in the Car Park during the time the Air NZ Parking Services are performed.
(iii) Adjusting the driver seat position/mirror position for any purpose that is deemed necessary to transport the Vehicle safely and/or complete Grooming correctly.

7. AUTHORITY TO RELEASE VEHICLE
7.1 The Client authorises Air NZ/Contractor to grant access to the Vehicle or release the Vehicle to any person who produces satisfactory verification that the person is the owner or has authority or is entitled to possession of the Vehicle.

7.2 The Client releases and agrees not to hold Air NZ/Contractor liable for delivering the Vehicle to any person, provided clause 7.1 is satisfied.

8. LIEN and ABANDONMENT
8.1 The Client agrees that Air NZ/Contractor has a contractual lien in respect of the Vehicle and all goods in or attached to the Vehicle (‘Lien’), for all Fees due and unpaid in respect of the Vehicle under these Terms and Conditions.

8.2 The Client agrees that Air NZ/Contractor, at its discretion, may exercise the Lien in respect of any Fees due and unpaid and may retain the Vehicle and/or any goods in the Vehicle and serve written notice on the Client requiring immediate payment of the Fees.

8.3 If the Fees have not been paid within 21 days of Air NZ/Contractor serving written notice to the Client pursuant to clause 8.2, Air NZ/Contractor may, after making reasonable attempts to contact the Client/owner, sell the Vehicle and/or the goods in the Vehicle by auction or otherwise at the sole discretion of Air NZ/Contractor and the proceeds may be applied to or in satisfaction of the Lien. If after deduction of all monies owing to Air NZ/Contractor including the expenses of sale there is surplus balance of sale proceeds, such surplus shall be accounted for by Air NZ/Contractor, at its option, to either the Client or the owner of the Vehicle upon presentation of satisfactory proof of ownership.

9. CREDIT CARDS
9.1 If the Client wishes to pay the Fees by Credit Card, the Client agrees to provide Air NZ/Contractor with the number of the Client’s Credit Card for the purposes of charging that Credit Card in respect of all Fees payable for Air NZ Parking Services provided. The Client further agrees to provide such additional Credit Card or cards where the Credit Card referred to above is cancelled or expired or where Air NZ/Contractor reasonably makes a request to that effect.

9.2 The Client authorises Air NZ/Contractor to charge the Credit Card in respect of all Fees and amounts payable from time to time in connection with the Air NZ Parking Services.

9.3 The Client warrants that the Credit Card is issued in his or her name and that he/she is responsible for all amounts credited to that Credit Card for Air NZ Parking Services performed, or that in the case of the Credit Card being a joint Credit Card, the named persons will be jointly and severally liable for the amounts credited to the Credit Card.

10. CONSUMER GUARANTEES ACT
10.1 Nothing in these Terms and Conditions shall affect any rights you may have under the Consumer Guarantees Act 1993 (New Zealand) if it is applicable.
10.2 If you acquire or hold yourself out as acquiring for the purposes of a business any services to which these Terms and Conditions apply, the provisions of the Consumer Guarantees Act 1993 (New Zealand) shall not apply to our supply of such services.

11. SUBCONTRACTING
Air NZ/Contractor shall be entitled to subcontract on any terms, the whole or any part of the Air NZ Parking Services.

12. NO AMENDMENT
No employee or agent of Air NZ/Contractor has any authority to amend, cancel or otherwise alter these Terms and Conditions.

13. GOVERNING LAW AND INVALIDITY
13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. The Client agrees to submit to the exclusive jurisdiction of the New Zealand Courts.
13.2 If any provision of these Terms and Conditions shall 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.

14. PERSONAL INFORMATION
14.1 Personal information you provide in connection with the Air NZ Parking Services is recorded by or on behalf of Air NZ/Contractor. Certain details, including without limitation, your name, car registration number, credit card account details, travel details and/or purchases of Air NZ Parking Services, may be passed between Air NZ, Contractor and third party agencies in order to provide the Air NZ Parking Services, conduct marketing activities and research and to facilitate the operation of Air NZ Parking Services.
14.2 When you provide personal information to us in connection with the Air NZ Parking Services, you are deemed to have consented to the collection, storage, disclosure and use of such personal information by us in the manner described in these Terms and Conditions.
14.3 The collection, storage, disclosure and use of your personal information are subject to applicable laws including the Privacy Act 1993 (New Zealand). You have the right to access your personal information recorded by us and have it updated or corrected as necessary.

15. FORCE MAJEURE
Air NZ/Contractor shall have no liability to the Client if it is prevented from, or delayed in performing, the Air NZ Parking Services by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) industrial disputes (whether involving the workforce of Air NZ/Contractor or any other party), failure of a utility service or transport network, 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.

16. VARIATIONS TO TERMS AND CONDITIONS
Air NZ reserves the right to amend these Terms and Conditions at any time, in its sole discretion. Any amendments to these Terms and Conditions will be effective immediately upon posting on our website. It is your responsibility to check for amendments before using the Air NZ Parking Services.