By accessing and using the Park ‘N Fly Consumer Application or the Park ‘N Fly web sites located at www.pnf.com, www.parkandfly.com, and www.parknfly.com (the "Web Sites") or otherwise availing yourself of the services, products, and information offered by Park ‘N Fly, Inc. ("Park ‘N Fly", "we" or "our") through the Web Sites, including joining the Park ‘N Fly Frequent Parker Program, making reservations and facilitating the payment for your parking, you agree to be bound by the Terms and Conditions (hereinafter "Terms and Conditions" or "Agreement") in effect at the time of each such access, purchase, or other use.
You also acknowledge that we may, from time to time, in its sole discretion and without notification to you, change these Terms and Conditions. You should review the Terms and Conditions each time you visit or use the Web Sites. If you do not agree to these Terms and Conditions, do not use the Web Sites
Park ‘N Fly provides visitors to our Web Sites with on-line access to information regarding our products and services, including, without limitation, the Frequent Parker Program, the booking of advance reservations for parking space and the ability to pay for airport parking (the "Services").
License and Access to the Web Sites
Park ‘N Fly grants you a limited, non-transferable, non-exclusive license to access and use for non-commercial purposes the Web Sites. You may only use the Web Sites to make legitimate reservations, join the Frequent Parker Program and/or learn about our products and services and shall not use the Web Sites for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. This license does not include any resale or commercial use of the Web Sites or their contents; any derivative use of the Web Sites or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Park ‘N Fly and our affiliates without our prior express written consent.
We make no guarantees regarding the availability of the Web Sites or the Services, referenced in the Web Sites. Furthermore, we reserve the right, within our sole discretion, to discontinue the Web Sites or Services and/or modify the contents of the Web Sites or the terms of the Services as we see fit, including but not limited to the pricing, airport parking facilities, and other information and/or functionality. You agree that we will not be liable to you for any such discontinuance or modification of the Web Sites or the Services. Any rights not expressly granted by these Terms and Conditions are reserved by Park ‘N Fly.
Restrictions on Your Use
All content within the Web Sites and any materials made available on these pages for downloading are the property of Park ‘N Fly and/or its affiliates or other third parties. The Web Sites and portions of the Web Sites are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Web Sites that are viewed, downloaded or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You may not input or upload to the Web Sites any information which contains any viruses, Trojan horses, worms, spiders, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, the Web Sites or their contents or that infringes the intellectual property rights of any other party. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Sites. You may not take any action, which imposes an unreasonable or disproportionately large load on the system providing the Web Sites. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Web Sites.
Age and Account Responsibility
If you use the Web Sites, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use the Web Sites and to create binding legal obligations for any liability you may incur as a result of the use of the Web Sites. You understand that you are financially responsible for all uses of the Web Sites by you and those using your login information.
Disclosure of Content Monitoring
Although we have no obligation to monitor any information provided to the Web Sites by its users, including without limitation, your personal information, we reserve the right to monitor, retain, and disclose such information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property or personal safety of Park ‘N Fly, its users or the public.
Intellectual Property Ownership
Any and all intellectual property rights associated with the Web Sites, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents ("Intellectual Property") are the sole property of Park ‘N Fly, or third parties. Except as otherwise expressly authorized by this Agreement, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Sites in any way without Park ‘N Fly or the appropriate third party's prior written permission. Except as provided herein, Park ‘N Fly does not grant to you any express or implied rights to Park ‘N Fly's or any third party's Intellectual Property. Any rights associated with the content of the Web Sites, which is transmitted, downloaded, or otherwise processed by Park ‘N Fly, shall be retained by the owner of the content, if any, and may be protected by applicable copyright, trademark, or other laws.
Your personal information and certain other information about you are subject to our Privacy Statement. The Park ‘N Fly Privacy Statement is incorporated into the terms of this Agreement.
You agree that Park ‘N Fly, in its sole discretion, may terminate your use of the Web Sites, and remove and discard any content within the Web Sites, for any reason. You agree that any termination of your access to the Web Sites under any provision of this Agreement may be effected without prior notice. Further, you agree that Park ‘N Fly shall not be liable to you or any third party for any termination of your access to the Web Sites.
The Web Sites may provide or include links to other World Wide Web sites or resources. Because Park ‘N Fly has no control over such sites and resources, you acknowledge and agree that Park ‘N Fly is not responsible for the availability of such external site, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Park ‘N Fly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or sites available on or through any such site or resource.
Park ‘N Fly prohibits caching of any portion of the Web Sites and any unauthorized hypertext links to the Web Sites. Park ‘N Fly reserves the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your web site to the Web Sites, you must contact Park ‘N Fly to discuss mutually agreeable terms for such hyperlink.
Exclusion of Warranty
Park ‘N Fly, Park ‘N Fly Network, Inc., owners of participating parking facilities and any third party providers make no warranty of any kind regarding the web sites and/or any materials provided on the web sites, all of which are provided on an "as is" "as available" basis. Park ‘N Fly, Park ‘N Fly Network, inc., owners of participating parking facilities and any third party providers do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on the web sites and such parties expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Neither Park ‘N Fly, Park ‘N Fly Network, Inc., and any third party providers warrant that the web sites, their servers or any e-mail sent from Park ‘N Fly are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific rights which vary from state to state.
Limitation of Liability
Park ‘N Fly assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the web sites or your downloading of any materials, data, text, images, video or audio from the web sites. In no event shall Park ‘N Fly, Park ‘N Fly Network, Inc., owners of participating parking facilities and any third party providers be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of the web sites or content found therein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of the web sites for reservations), or (iii) the performance or non performance by Park ‘N Fly, Park ‘N Fly Network, Inc., owners of participating parking facilities and any third party providers, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
If, notwithstanding the foregoing, Park ‘N Fly, Park ‘N Fly Network, Inc., any owner of a participating parking facility or any third party provider should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Web Sites or their content, the liability of such party(ies) shall in no event exceed, in the aggregate, US $100.00. In its sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we, at any time and without notice, may terminate or restrict your access to all of or any component of the Web Sites. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
You shall defend and indemnify Park ‘N Fly, Inc, Park ‘N Fly Network, Inc., owners of participating parking facilities and any third party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including, without limitation, reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the Web Sites.
This Agreement and its performance shall be governed by the laws of the state of Georgia, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia, United States of America, in all questions and controversies arising out of your use of the Web Sites and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Web Sites must be brought within two (2) years from the date on which such claim or action arose or accrued.
If Park ‘N Fly or its affiliates take any action to enforce this Agreement and these Terms and Conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
Additional terms and conditions may apply to reservations, membership benefits in the Park ‘N Fly Frequent Parker Bonus Program and other uses of portions of the Web Sites, and you agree to abide by such other terms and conditions.
This Agreement constitutes the entire agreement between you and Park ‘N Fly with respect to the subject matter hereof and supersedes all previous agreements or representations, written or oral, with respect to the subject matter hereof. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The provisions which by their nature should survive termination of this Agreement shall so survive.
This Agreement was last modified and is effective as of October 24, 2011.
Additional Terms and Conditions for Reservations In addition to the Terms and Conditions, the following Additional Terms and Conditions apply when making reservations for a parking space through Park ‘N Fly Network, Inc.:
1. Confirmation and Reservation. Frequent Parker Program members who enter their club number on their reservation can use their Frequent Parker Program card to enter and exit designated Park ‘N Fly facilities. At entry the card should be inserted in the entry gate and then at exit it can be inserted in our EzXit™ column for fastest service or present the card to the cashier. If you entered your Frequent Parker Program number when booking and your parking is extended beyond the original stay reserved, the credit card used at the time of booking will be charged for the additional unpaid stay.
Currently Frequent Parker Program cards can be used as gate keys at the following locations:
|Atlanta||Park ‘N Fly|
|Park ‘N Fly Plus|
|Park 'N Go|
|Cleveland||Park ‘N Fly|
|Dallas||Park ‘N Fly|
|Ft. Lauderdale||Park ‘N Fly|
|Houston||Park ‘N Fly|
|Los Angeles||Park ‘N Fly @ Park One|
|Miami||Park ‘N Fly|
|Minneapolis||Park ‘N Fly|
|Nashville||Park ‘N Fly|
|New Orleans||Park ‘N Fly|
|Oakland||Park ‘N Fly|
|Ontario||Park ‘N Fly|
|San Diego||Garage (3298 Kettner Blvd.)|
|Lot 1 (3550 Kettner Blvd.)|
|San Francisco||Park ‘N Fly|
All other locations must print and present proof of payment upon exiting the facility.
You receive your confirmation two ways. At the end of the booking process, a confirmation screen will display showing your booking details, which you can then print. You will also receive an e-mail confirmation within 24 hours, which you can print.
If you are not a member of the Frequent Parker Program, you must bring your printed copy of your reservation to the parking facility. First, it can be used to guarantee your parking. Then, when you exit the facility, the cashier will attach it to your ticket as proof of payment. Your confirmation number is not proof of purchase. Without your proof of purchase (the printed copy of your reservation), you must pay the cashier the full amount when exiting the facility. Facility staff cannot access your online booking and cannot verify your purchase without your printed reservation. If you do not bring the printed copy of your reservation, you will be charged the full amount of your stay at the then prevailing rates. If you cannot print your reservation or have lost your reservation, you can call our Reservation Center at 1-800-325-4863 and one of our friendly representatives will be happy to find your booking and send you a copy.
2. Coupons. When you make your reservation online, your rate is secured, and, therefore, cannot be combined with a coupon, special offer or other promotion when you exit the facility.
3. Modifying or canceling your reservation. You can modify or cancel your reservation up to a minute before the start time of your reservation. You will need to provide your first and last name exactly as entered on your booking, your Reservation Confirmation Number and your Reservation Pin Number. Your confirmation and pin number are located on both your Confirmation Voucher Page and your E-mail Confirmation. Modifications and cancellations can be made up to 1-minute in advance. To modify a reservation please call 1-800-325-4863. All cancellations may be subject to a fee of $3.95, plus taxes where applicable. Reservations cannot be modified or cancelled after the scheduled reservation time.
4. Extended and Unused Stays. If you entered your Frequent Parker Program number when booking and your parking is extended beyond the original stay reserved, the credit card used at the time of booking will be charged for the additional unpaid stay. If you are not a member of our Frequent Parker Program the cashier at the parking facility will charge you for any additional hours or days that you have not paid for at the time of booking your online reservation. No refund will be issued for unused days. Modifications and cancellations can be made up to 1-minute in advance. To modify a reservation please call 1-800-325-4863. All cancellations may be subject to a fee of $3.95, plus taxes where applicable. Reservations cannot be modified or cancelled after the scheduled reservation time. (See Section 3 above).
5. Credit Card Billing. Your credit card is charged in full at the time that you make your purchase from Park ‘N Fly. If your parking is extended beyond the original stay reserved, the credit card used at the time of booking may be charged for the additional unpaid stay
6. Refunds. If you did not enter your Frequent Parker Program number at the time you made a reservation and if you do not bring your printed reservation to the facility as proof of payment, you will be asked to pay for parking prior to exiting the facility. You may obtain a refund from us by contacting our customer service department at 1-800-404-7275 and you will be issued a refund within seven business days.
7. Booking Variances. Due to geographic differences, advance booking requirements may vary by location.
8. Tax Exempt Status. Please note that we are unable to verify your tax exemption status if you make reservations on line, therefore you must come personally at the parking lot and present applicable documentation verifying your tax exemption status, and pay to the cashier to be tax exempt. All online payments will be taxable.
Park ‘N Fly Frequent Parker Program Terms and Conditions
The more information you have about the Park ‘N Fly Frequent Parker Program, the more benefits you may enjoy as a member. Please see below the terms and conditions of the Frequent Parker Program. Please note that such terms and conditions are subject to change at any time.
ABOUT THE PROGRAM
As a Park ‘N Fly Frequent Parker Member, you will have the opportunity to earn rewards to use for free parking and other rewards at participating Park ‘N Fly locations as well as additional benefits to be introduced in the future. You are eligible to earn one free award day of parking for even seven paid days as well as earn qualification in preferred status tiers to receive additional rewards such as discounts on reservations, premium parking spaces, online discounts and additional bonus award days.
Membership in the Park ‘N Fly Frequent Parker Program is free. You can become a Park ‘N Fly Frequent Parker Member by enrolling online, obtaining a card from the cashier at each participating lot or by contacting customer service at 1.800.404.7275.
Park ‘N Fly shall not be responsible for any incidents resulting from incomplete and insufficient information entered by members. Park ‘N Fly shall also not be responsible for any loss of data or information for any other reason whatsoever.
In the event Park ‘N Fly determines or has reason to believe that the information you provide is not current, is inaccurate, incomplete in any way, or that you have provided Park ‘N Fly with false or misleading registration information, Park ‘N Fly reserves the right to either suspend or terminate your membership in the Park ‘N Fly Frequent Parker Program and remove all accumulated benefits. Park ‘N Fly reserves the right, at its own discretion, within reasonable means and belief, to classify selected transactions as fraudulent transactions until proven otherwise, to protect the integrity of the Park ‘N Fly Frequent Parker Program.
EARNING FREQUENT PARKER REWARDS
As a member of our Frequent Parker Program, you will earn eligible to earn one free award day of parking for every seven paid days.
You'll also receive membership in a tier based on your qualified days stayed within the previous calendar year:
|Ways to Qualify*||Member||Silver||Gold||Platinum|
|Qualified Days per calendar Year||0 - 6 Days||7 - 13 Days||14 - 27 Days||28+ Days|
*A qualified day is defined as any paid day, 4 hours or greater, that counts towards a member’s tier status. No qualified stay days are awarded for partial days or days where a free parking voucher was used for a stay.
Once you've earned an award day it will be available immediately within your account. You may redeem your award day online or print the award day to present to the cashier at checkout or to give to a friend.
If you've reached a preferred status tier, your benefits will be available to you for use immediately upon reaching the qualifying tier level. All awards will expire two years after issuance (exceptions are for Platinum tier members that have an expiration date of three years).
If you stay with us before you receive your membership card, please keep your receipts. Once you activate your account, you will be able to go online to get credit for your visit. Please fill out and submit the 'Lost Stay Credit' form which can be found under My Account after logging into your Park ‘N Fly Frequent Member account. Requests will be honored up to 90 days from the date parked.
You must identify yourself as a Park ‘N Fly Frequent Parker Program member to receive credit for paid parking. Frequent Parker rewards may be earned at participating Park ‘N Fly locations only.
Park ‘N Fly may, from time-to-time in its sole discretion, amend and revise the number of qualified days required for each tier level upon posting on the Park ‘N Fly website.
Should any transaction be null and void or a reversal be conducted, whether immediately or at a later time, or should the member receive a refund from a transaction, the rewards earned with respect to such transaction will be deducted from the member's account without requirement for notification to member
As a member of our Frequent Parker Program, you are eligible to earn benefits based on tier level you qualify for:
|Award Day Expiration||2 Years||2 Years||2 Years||3 Years|
|Bonus Award Days||N/A||N/A||2 Bonus Award Days||5 Bonus Award Days|
* Awards expire at the end of the program year following award based on member tier status, excludes specific locations and service types. Can combine rewards, but there is a one-time use per reward.
Tier levels are achieved at the time in which the member reaches the qualifying level and will retain the highest level achieved by end of the calendar year for the next full calendar year. Online Discounts and Reservation Fee Elimination benefits will begin when the member reaches the qualifying tier level.
Award Days are fully transferable to your friends or family members.
Park ‘N Fly membership benefits are not the property of the member and have no cash value until redeemed for rewards. Park ‘N Fly is not responsible for lost or stolen reward program Vouchers/Certificates.
You may view your parking history, update your profile, check your status toward the next loyalty tier and redeem awards online. While it is your sole responsibility to notify Park ‘N Fly of any name, email or address change on your account or any changes, including expiration date of your credit card on file, you need to do so to stay connected with Park ‘N Fly and to remain informed of important changes or special offers. For security reasons, Park ‘N Fly is unable to change the credit card linked to your account, however and as a member, you can change the credit card on file by logging into your member account. If you would like to change the email address associated with your account, you must contact customer service at 1.800.404.7275.
During the application process or after updating your profile, you may link a credit or debit card to your Frequent Parker Program Card and pay for parking using such card. Linking a credit or debit card allows you to bypass the cashier and check yourself out of the facility using your Park ‘N Fly Frequent Parker Program Card as the gate key to enter and exit through the automated EzXit™ gates. The credit card you link is charged in full at the time you exit the Park ‘N Fly lot or at the time you make a reservation, should you choose to reserve space in our lot.
PROGRAM CHANGES & TERMINATION
Park ‘N Fly reserves the right to modify or cancel the Park ‘N Fly Frequent Parker Program at any time, without notice. Such modification or cancellation will be effective when posted on the website. Free stays and tier levels are the property of Park N' Fly and not the member. You cannot transfer to or combine qualifying days with any other person or program account. Additionally, qualifying days cannot be transferred by operation of law, such as by inheritance, in bankruptcy or in connection