Parkable Subscription Parking Licence Agreement
This agreement is between the Parker ("Parker") who has booked a parking space through parkable.co.nz, and, or, our mobile applications and software ("Parkable" or “Platform”) and the owner or operator ("Host") of the parking space ("the Parking Space") which has been licensed. Each of the parties and details of the Parking Space and the proposed license period ("License Period") are as set out in the parking space listing on the Platform and accepted on confirmation of the subscription of the subscription.
The Host represents and warrants that it is the owner of the Parking Space or the person who is duly authorized to arrange licensing of the Parking Space. This agreement details the terms and conditions which apply between the Parker and the Host relating to the Parker's license of the Parking Space.
The Parker agrees that they are responsible for ensuring that any person they allow to drive the vehicle to the Parking Space complies with these terms and the Host similarly agrees that they are responsible for ensuring that any person who assists them with managing a subscription or is responsible for or authorized to manage the Parking Space or a subscription complies with the terms of this Agreement.
Parkable is the Host's agent for the purpose of this Agreement but is not the Host. This Agreement is between the Parker and the Host (for details of the terms which apply between the Parker and Parkable, please see the Parker agreement or for the terms which apply between the Host and Parkable, please see the Parking Space Host Agreement). Parkable is an intended third party beneficiary of this Agreement but it shall have no obligations to the Parker or the Host under this Agreement.
The Host grants a license to the Parker to use and occupy the Parking Space during the License Period as set out in the Confirmation Email. The Parker is not a tenant of the Host and has not been granted exclusive possession of the Parking Space.
Subscription and Payment
The Parker and the Host agree with each other to make all subscriptions for the Parking Space through Parkable and acknowledge that Parkable will handle the subscription and payment process on the Host's behalf.
All subscriptions and payments will be made in accordance with the ‘Parker Agreement’ and ‘Parking Space Host Agreement’ and the Parker acknowledges that all payments made to Parkable are received by Parkable as agent for the Host.
The Host accepts that payment of the fees for the license to Parkable represents a full discharge of the Parker's payment obligations for that subscription.
All subscriptions are made subject to the cancellation policy as set out on the Platform ("the Cancellation Policy") and the Parker and the Host each agree to comply with the terms of the Cancellation Policy and authorise Parkable to administer the Cancellation Policy, if necessary, by making refunds.
The Parker must cancel their subscription by logging on to Parkable and processing the cancellation via the Platform. Notice of cancellation will be deemed to be received at the point the Parker issues a cancellation request for their subscription. Parkable is not responsible for any transmission failures.
If the Parker fails to cancel the subscription using the Parkable cancellation procedure the Parker will be liable for the full amount of the fees payable to the Host and will not receive any refund whatsoever.
In the event that there are exceptional circumstances beyond the reasonable control of the Parker and the Parker accordingly no longer requires the Parking Space, the Parker may request an exceptional cancellation and may receive a refund other than in accordance with the Cancellation Policy. The Parker must inform Parkable of the exceptional circumstances before the License Period is due to start. The Parker and the Host agree that whether or not a cancellation is due to exceptional circumstances and whether a refund is due will be at the sole discretion of Parkable who will decide on the amount of the refund (if any) and each party agrees that the decision of Parkable will be binding.
The Host agrees to honour all subscriptions.
If the Host needs to cancel the Parker's subscription due to exceptional circumstances beyond the Host's reasonable control, the Host agrees to inform Parkable. The parties agree that Parkable will be instructed to contact the Parker with proposals for suitable alternative parking space to be provided by another registered Parkable Host. Parkable makes guarantees or warranties that alternative parking can be found and accepts no liability arising from the failure of the Host or the Parker to honour the subscription 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.
The Host agrees that if they need to cancel a Parker's subscription and the circumstances are not exceptional or not beyond the Host's reasonable control the Parker will be entitled to a full refund (if a suitable alternative cannot be arranged by Parkable) and the Host also agrees to discharge any additional cost which is payable by the Parker for suitable alternative parking arrangements (up to a maximum of $50 per day if the Parking Space is in the New Zealand or $75 (USD) per day if the Parking Space is outside New Zealand).
The Parker and the Host agree that whether or not an Host cancellation is due to exceptional circumstances beyond the Host's reasonable control and whether the Host is responsible for the Parker's additional costs will be determined at the sole discretion of Parkable who will decide on the amount of the compensation (if any) and each party agrees that the decision of Parkable will be binding.
End of License Period
The Parker must vacate the Parking Space and cease using the Parking Space by the end of listed availability period.
The exact departure time from the Parking Space will be as notified by the Parker and accepted by the Host (both via the platform).
The Parker will be liable to pay the full price for any additional time stayed. The Parker will be liable to pay:
Up to 2 times the hourly rate for every additional hour stayed until this rate exceeds the cost of the daily rate. After this point the Parker will be charged at two times the daily rate. Any minutes under 1 hour will be charged as 1 hour.
An additional $10 penalty charge
any additional costs incurred by the Host (including any towing or relocation fees) as a result of the overstay up to a maximum of $250 (NZD).
The Host agrees to notify Parkable of any overstay via the Platform
The Parker agrees to notify parkable of any overstay via the Platform.
The Host shall authorize Parkable to collect payment of any such additional fees from the Parker on behalf of the Host.
If the Parker overstays by more than 2 hours then the Host reserves the right to instruct a third party to remove the Parker's vehicle(s) from the Parking Space (and the Parker will be charged for the costs of any such action).
Parkable has full discretion about whether any fees or fines will be applied for overstays and Parkable's decision will be final.
The Parker has primary responsibility for their own safety and the safety of their vehicle during the License Period. The Host is not responsible for ensuring the safety of the Parker or the vehicle.
The Parker may not allow any person other than the Parker(s) named in the Confirmation Email and shall not allow any vehicle other than the vehicle specified in the Confirmation Email to occupy the Parking Space at any time during the License Period. This agreement is personal to the Parker and the Host and may not be transferred to any other person. If anyone other than the Parker named in the Confirmation Email attempts to use the Parking Space or if anyone attempts to park a different vehicle in the Parking Space during the License Period the Host may refuse access to that individual and their vehicle (even if they have the authority of the Parker).
The Parker represents, warrants and agrees that they will:
keep the Parking Space clean, tidy and clear of rubbish and leave the Parking Space in the same condition as they find it;
park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property;
notify the Host or Parkable of any damage to the Parking Space during the License Period as soon as it occurs;
not do or permit to be done on the Parking Space anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to the owner or occupier of neighboring property;
not conduct any illegal or immoral activity from the Parking Space;
not conduct any business or commercial activity whatsoever from the Parking Space;
not use the Parking Space for any purpose other than for parking;
maintain insurance on the vehicle as required by applicable law;
indemnify and hold harmless the Host against all loss, liability, damages, costs and expenses arising from the Parker's negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Host; and
act with courtesy towards the Host.
The Parker acknowledges that the Parking Space is someone else's property and agrees not to access any other part of the property to which the Parking Space is attached.
Although the Parker has primary responsibility for their own safety and the safety of their vehicle during the License Period and the Host is not responsible for ensuring the safety of the Parker or the vehicle the Host will not deliberately do or omit to do anything which will or is likely to put the Parker's vehicle or persons at risk.
The Host shall ensure that the Parking Space is properly and fully described in the Parkable listing and in particular if the Parking Space is not suitable for certain types of vehicle or if there are any access restrictions this will be specified.
The Host will ensure that the Parking Space is available for the duration of the License Period and will not obstruct the Parker or prevent the Parker from parking in the Parking Space. The Host will not allow any person other than the Parker and shall not allow any vehicle other than the vehicle specified in the Confirmation Email to occupy the Parking Space at any time during the License Period.
The Host represents, warrants and agrees that:
the Parking Space listing is true complete and accurate;
they will respond promptly to any enquiries via the platform that help to direct the Parker to the Parking Space;
they will ensure that the Parking Space may be accessed easily by the Parker and is not obstructed at the start of or during the License Period;
they will ensure that the Parking Space is clean, tidy and clear of rubbish at the start of the License Period;
they will indemnify and hold harmless the Parker against all loss, liability, damages, costs and expenses arising from the Host's negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Parker; and
they will act with courtesy towards the Parker and assist and cooperate with the Parker in relation to locating the Parking Space.
Complaints, Claims and Liability
Each party agrees that if any dispute arises concerning the Parking Space or otherwise during the License Period each party will attempt to resolve such dispute in the first instance by directly communicating with the other. Any agreement reached between the parties may be communicated to by Parkable and Parkable is authorized to collect payments from either party (where possible) to give effect to such agreement.
In the event that a dispute cannot be resolved directly it is agreed that either party may refer the dispute to Parkable or make a complaint about the other. Both parties authorize Parkable to deal with the dispute or complaint as it sees fit and agree to abide by any decisions they may make in such circumstances, including requiring refunds to be made or compensation to be paid (up to a maximum of $250 (NZD) if the Parking Space is in the New Zealand or $325 (USD) if the Parking Space is outside the New Zealand).
Clauses 8.1 or 8.2 are without prejudice to either party's rights to bring or settle any claim against the other.
Neither party will be liable to the other for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any consequential, special, indirect, or exemplary damages whatsoever arising out of this agreement, the Parking Space or the License Period however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.
The Host's liability for all losses (with the exception of willful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to the cost of obtaining a replacement Parking Space for the agreed License Period or the amount of the Parking Space fees and charges paid by the Parker plus $500 (NZD) if the Parking Space is in the New Zealand or $350 (USD) if the Parking Space is outside the New Zealand, whichever is the higher amount.
The Parker's liability for all losses (with the exception of willful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to the amount of the Parking Space fees and charges paid or payable by the Parker plus $500 (NZD) if the Parking Space is in the New Zealand or $350 (USD) if the Parking Space is outside the New Zealand.
Host and Parker each hereby fully and forever release Parkable and its partners, employees, attorneys, agents, successors, representatives, shareholders, parent companies, subsidiaries, affiliated companies and assigns, jointly and severally (collectively, the "Parkable Parties"), and hereby fully and forever discharge and agree to hold the Parkable Parties harmless from and against any and all claims and causes of action, in law or in equity, disputes, suits, debts, liens, rights, contracts, agreements, acts, promises, liabilities, obligations, demands, damages, losses, costs, fees (including, without limitation, those of attorneys) and expenses, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, which exist, may have existed or which may in the future exist between Host or Parker on the one hand and the Parkable Parties, or any of them, on the other hand in connection with this agreement.
If you are domiciled in the New Zealand the liability excluded under clause 14.1 excludes situations where fraud, willful concealment or theft shall be shown to have taken place on our part and nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or the negligence of our employees, agents or self-employed contractors or for fraud or fraudulent misrepresentation.
Each party agrees that they have the power and authority to enter into this agreement.
Neither party will be entitled to assign or sub-contract their obligations under this Agreement (save for any duties which may be carried out by Parkable as agent for the Host as set out in this Agreement, the Parker Agreement and the Parking Space Host Agreement).
Neither party will be liable to the other or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any event of force majeure beyond their reasonable control such as severe weather, subsidence, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war or civil unrest.
Save in the case of fraud these terms represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
If the Parking Space is located in the New Zealand, these terms will be interpreted in accordance with the laws of New Zealand.
If the Parking Space is located outside the New Zealand, these terms will be interpreted in accordance with the laws of State in which the Parking Space is located, without regard to its conflict-of-law provisions and both parties agree to submit to the personal jurisdiction of a state court located in the county in which the Parking Space is located or the closest United States District Court to the Parking Space.
If either party breaches these terms and conditions and the other party decides to take no action or neglects to do so, then the other party will still be entitled to take action and enforce their rights and remedies for any other breach.