Adelaide Airport Nominated Employee Parking Agreement

End User Acceptance

  1. End User Acceptance
    1.1. You have been nominated as an End User by your employer (Company), as being eligible for access to staff parking areas at Adelaide Airport (the Airport), due to your employment or contractor relationship with the Company.1.2. This End User Acceptance (EUA) constitutes a legally binding agreement between Adelaide Airport Limited (AAL) and you as the end user (End User or You)1.3. Where You accept this EUA, AAL shall issue to you an access card (Access Card) which will entitle You access to Staff Car Park A, Staff Car Park B, Staff Car Park C and the Terminal Car Park (each an Airport Car Park and together the Airport Car Parks). A map showing Staff Car Park A, Staff Car Park B, Staff Car Park C and the Terminal Car Park is enclosed as Appendix A and may be updated from time to time.1.4. By accepting an Access Card and accessing the Airport Car Parks, You acknowledge that You have read and understood, and agree to be bound by this EUA as well as the Conditions of Entry which are displayed at the entrance to each Airport Car Park, AAL’s Terms of Use and Privacy Policy (all of which are deemed to be incorporated into this EUA).1.5. AAL may alter this EUA at any time at its absolute discretion. AAL will notify you of such amendment in writing.
  1. Access Card
    2.1. You must provide AAL with certain information in order for AAL to grant an Access Card to You. This information includes but is not limited to your name, confirmation of employment details, contact information and vehicle registration. Once this information has been verified, AAL shall notify You that Your individual access card is available for collection.2.2. Where You hold an existing Access Card, AAL will transition this Access Card to comply with the EUA upon provision of the relevant information by You. AAL will notify You once this has been completed/2.3. Access Cards remain the property of AAL at all times and must not be altered in any way.2.4. You may only use the Access Card in the course of Your approved duties while engaged by the Company and it is not for personal use. The Access Card does not constitute an authority to enter the Airport Car Parks for any other purpose.2.5 The Access Card is not transferable and may only be used by You as the registered End User.2.6. Should Your employment details change and You no longer require an Access Card, You must return your Access Card within seven (7) calendar days of that change.

    2.7. The Company may notify AAL that You are no longer a nominated End User, in which case AAL shall deactivate your Access Card within five (5) calendar days of such notice.

    2.8. Should your details otherwise change but You still require access to the Airport Car Parks, You must notify AAL of changes in writing to [email protected] within seven (7) calendar days of any such changes.

    2.9. AAL may from time to time request that You confirm the information You have provided to AAL in accordance with clause 2.1 remains current.

    2.10.Access Cards which are damaged, lost or stolen must be reported to the AAL car park office on 08 8154 9466 or [email protected] within three (3) calendar days of the incident.

    2.11. AAL shall reissue Access Cards to End Users for a fee of $25.

    2.12. If You require a replacement Access Card for any reason, You must surrender the previous Access Card on collection of the replacement.

  1. Airport Car Parks
    3.1. A valid Access Card shall grant You access to all of the Airport Car Parks for the purpose of parking one (1) passenger motor vehicle.3.2. Parking a vehicle in the Airport Car Parks is subject at all times to the Conditions of Entry.3.3. AAL reserves the right to limit access to the parking area if in AAL’s opinion it is necessary to do so for safety, health or security reasons or for renovation or repair of the parking area. Where a space in Car Park A is not available in accordance with this clause, an alternate area shall be made available at the Standard Tariff.3.4. To the extent the law permits, AAL are not liable for the loss of, or any damage to, vehicles, accessories, contents or other property while in the Airport Car Park or otherwise on AAL premises, whether the loss or damage arises from theft, negligence, collision or any other cause. AAL will not be liable for release of the vehicle to any person, whether or not that person has authority to possess it. You acknowledge and agree that no employee, contractor or agent of AAL has authority to accept any goods for safe custody. You use the Airport Car Park and leave Your vehicle at your own risk.
  1. Your Liability to Pay
    4.1. In certain circumstances you may be liable to pay the Surcharge for accessing and using the Airport Car Parks. Please read clauses 5 and 6 of this EUA to understand your liability.
  1. Standard Tariff and Surcharge
    5.1. By accessing the Airport Car Parks, You acknowledge that parking charges shall be payable (the Charges) by the Company or You.5.2. The Charges payable for parking in the Airport Car Parks are based on a standard tariff payable for parking in Staff Car Park A (Standard Tariff) and a surcharge payable should You elect to park a vehicle in Staff Car Park B, Staff Car Park C or the Terminal Car Park (Surcharge). The Standard Tariff and Surcharge are available on application and by request to [email protected].
  1. Liability for Standard Tariff and Surcharge
    6.1. The Company may enter into a separate agreement with AAL and agree to incur the Charges for Your use of the Airport Car Parks on one of the following basis:6.1.1. the Company shall pay the Standard Tariff and any Surcharges; or6.1.2. the Company shall pay only the Standard Tariff.It is Your responsibility to confirm if the Company will pay the parking Charges incurred by You in accordance with this this EUA.6.2 Where clause 6.1.1 applies, no amount will be payable by You on exiting the relevant Car Park.

    6.3 Where clause 6.1.2 applies, You will be responsible for paying the Surcharge (if any) on exiting the relevant Airport Car Park. This shall be payable in accordance with clause 8 below.

  1. Variation of Standard Tariff and Surcharge
    7.1. AAL may on thirty (30) calendar days written notice, no more than twice per calendar year, vary the Standard Tariff. You agree such notification of variation of the price is provided for convenience purposes only and failure to do so will not invalidate the change in price.7.2. AAL may vary the Surcharge from time to time and will provide written notification to You directly.
  1. Entry, Exit and Payment
    8.1. To enter and exit an Airport Car Park using the Access Card You must follow the process prescribed by AAL from time to time in writing. At the date of this EUA, the general requirements are that:8.1.1. Access Cards must be presented at the Airport Car Park entry by tapping the Access Card against the card reader.8.1.2. End Users shall not be granted access without an Access Card and will be liable for charges at the drive up rates where a card is not presented.8.1.3. At exit, End Users shall proceed directly to the exit gate and tap their Access Card on the card reader. Where a Charge is payable by the End User this will be displayed and the payment
    must be made by credit or debit card at the exit point prior to departure.8.2. Where a parking charge is payable by You on exit of the relevant Airport Car Park, You must pay this by credit card at the exit point using a card payment. Cash is not accepted and Charges cannot be paid at the automatic payment machines located within the Airport Car Parks.8.3. The payment machines at the exit will issue Tax Invoices in a format approved by the Australian Taxation Office. It is Your responsibility to request or order this document at the time of tendering payment.
  1. Termination
    9.1. AAL may, at any time, give You thirty (30) calendar days notice of the termination of this EUA and deactivate the Access Card.9.2. You may, at any time, give AAL thirty (30) calendar days’ notice of the termination of this EUA and AAL will accordingly deactivate the Access Card.
  1. Promotions
    10.1 AAL may offer promotions in conjunction with the Airport Car Park facilities. These promotions are only valid until the date specified on the promotional material and can be withdrawn at any time at AAL’s absolute discretion. The promotion may be subject to any additional terms and conditions as outlined on the promotional material.
  1. Liability and Indemnity
    11.1. To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from this EUA.
    11.2. If a supply under this EUA is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (ACL), nothing contained in the EUA excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability which cannot be excluded. However, to the extent that the ACL permits us to limit our liability, our liability will be limited to:
    11.2.1. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and11.2.2. in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.11.3. Subject to clauses 11.1 and 11.2, our liability and that of our related entities will be limited to the amount of the parking Charge paid by You.11.4 Under no circumstances are AAL liable for any incidental, special, indirect, consequential or punitive loss or damage of any character, including any lost profits, lost opportunity or loss of reputation. In addition AAL will not be liable to You for any part of any cost, expense, loss or damage suffered by You which is:11.1.4. caused by Your acts or omissions or the acts or omissions of other users of the Airport Car Park; or11.4.2. otherwise in excess of what an ordinary person in a like situation would suffer, or which is caused by circumstances unique to your situation.

    11.5. You indemnify us and our related entities against all losses, damages, costs, expenses and liabilities (including without limitation legal fees and disbursements) incurred as a result, directly or indirectly, of:

    11.5.1. any breach of this EUA or law;

    11.5.2. any death, illness or personal injury to any person or any damage to any real or personal property directly or indirectly caused or contributed to by any wilful, malicious, unlawful or negligent act or omission; or

    11.5.3. the unsafe or illegal operation of a vehicle, by You, except to the extent that any negligent act or omission by us contributed to the cost, expense, loss or damage.

  1. Privacy
    12.1. AAL’s Privacy Policy (which is available at AAL’s website is deemed to be incorporated into this EUA and AAL’s Privacy Policy applies to all personal information supplied by you for the purposes of registering and using the Access Card.12.2. You will provide us with personal information in the course of registering for and using the Access Card. We will handle the personal information for purposes associated with administering the Access Card and Your use of the Airport Car Parks in accordance with the AAL Privacy Policy. Without this information, AAL cannot grant You access as an End User.12.3. AAL may also collect other personal information when You use:12.3.1. the AAL website (including through the use of cookies) which we may use for business and marketing purposes; and12.3.2. the Car Parks, including Your image, licence plate number, location and movements and other information, through CCTV surveillance and number plate recognition technology,which we use at AAL premises including the Car Parks for security, management and car parking-related purposes.

    12.4. AAL will disclose personal information related to Your use of the Access Card and the Airport Car Parks to the Company for the administration of this EUA. Where clause 6.1 applies, AAL will provide the Company with detailed parking transaction data for billing purposes, which may comprise personal information.

    12.5. AAL are required to comply with the Privacy Act 1988 (Cth) and AAL will handle personal information in accordance with our privacy policy.

  1. General
    13.1. If any part of this EUA is held to be void or unenforceable, the remainder of these terms will continue in full force and effect.
    13.2. Nothing in this EUA creates or will be construed as creating any tenancy or conferring on You any interest of any nature in the Airport Car Park or any part of it.
    13.3This EUA is governed by the laws in force in South Australia and You agree to submit to the exclusive jurisdiction of the courts of South Australia and the courts of appeal from them.