We recommend you have current insurance on your vehicle.
- Member's Obligations
1.1 The Member warrants that the Member is either the owner of the Vehicle and agrees to be bound by these Terms and Conditions or is the authorised agent of the owner of the Vehicle and is duly authorised by the owner of the Vehicle to bind such owner and the Member to these Terms and Conditions.
1.2 The Member shall pay all applicable Fees prior to the collection of the Vehicle. Our current schedule of Fees is available from visiting the Koru Valet desk at Auckland and Christchurch airports. This schedule may change from time to time.
1.3 If Air NZ/Contractor's performance of its obligations under the Contract is prevented or delayed by any act or omission of the Member, its agents, subcontractors, consultants or employees, Air NZ/Contractor is not liable for any Losses incurred by the Member arising directly or indirectly from such prevention or delay.
1.4 The Member acknowledges that where the verbal or written consent of the Member is required to perform Maintenance and has not been obtained after reasonable attempts to contact the Member, the Maintenance shall not be completed.
2.1 Air NZ/Contractor acts as a booking agent between the Member 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.
2.2 Where the Member agrees to use a Preferred Supplier to carry out Maintenance the Member agrees to be bound by the Preferred Supplier's terms and conditions in addition to these Terms and Conditions.
2.3 Where the Member arranges work to be carried out by a service provider that is not one of Air NZ/Contractor's Preferred Suppliers, the Member is solely responsible for any Losses incurred by the Member 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.
3.1 Loss or Damage to Vehicles
We undertake to perform the Koru Valet Parking Services with reasonable care and skill. To the fullest extent permitted by law, we shall not be liable for any Losses arising from loss, destruction, theft of or damage to, the Vehicle except to the extent that the Losses are directly caused by the negligence or wrongful act or omission of Air NZ/Contractor.
3.2 Limitation of Liability
Notwithstanding any other provision of these Terms and Conditions, Air NZ/Contractor shall not be liable, whether in negligence or any other tort or in contract or on any other basis, whatsoever for:
(i) Any Losses arising from loss, or destruction of, theft or damage to any articles or personal belongings inside the Vehicle. Any articles or personal belongings left inside the Vehicle are left at your risk; or3.3 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.
(ii) Any delay in transporting you, your vehicle and/or other passengers accompanying you between the Airport and the Premises; or
(iii) Any consequential, incidental or indirect loss or damages, loss of profits or revenues, or diminution of value arising from or in connection with, the Koru Valet Parking Services even if Air NZ/Contractor has been advised of the possibility of such loss or damage; or
(iv) Any loss, destruction, theft 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.
- Losses Caused By Your Vehicle
You shall be liable for and agree to indemnify Air NZ, Contractor, and the representatives, agents, employees, directors, and officers of Air NZ and Contractor from and against all Losses arising out of or in connection with your Vehicle, its accessories or contents including personal injury to or death of any person or any injury or damage to property except to the extent that such Losses are directly caused by the negligence or wrongful act or omission of Air NZ/Contractor.
- Authority In Respect Of The Vehicle
The Member 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 Koru Valet 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 Koru Valet Parking Services. The Vehicle may be shifted between locations in the Car Park during the time the Koru Valet 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.
- Authority To Release Vehicle
6.1 The Member 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.
6.2 The Member releases and agrees not to hold Air NZ/Contractor liable for delivering the Vehicle to any person, provided clause 6.1 is satisfied.
- Lien and Abandonment
7.1 The Member 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.
7.2 The Member 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 Member requiring immediate payment of the Fees.
7.3 If the Fees have not been paid within 21 days of Air NZ/Contractor serving written notice to the Member pursuant to clause 7.2, Air NZ/Contractor may, after making reasonable attempts to contact the Member/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 Member or the owner of the Vehicle upon presentation of satisfactory proof of ownership.
- Credit Cards
8.1 If the Member wishes to pay the Fees by Credit Card, the Member agrees to provide Air NZ/Contractor with the number of the Member's Credit Card for the purposes of charging that Credit Card in respect of all Fees payable for Koru Valet Parking Services provided. The Member 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.
8.2 The Member 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 Koru Valet Parking Services.
8.3 The Member 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 Koru Valet 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.
- Consumer Guarantees Act
9.1 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.
9.2 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.
Air NZ/Contractor shall be entitled to subcontract on any terms, the whole or any part of the Koru Valet Parking Services.
- No Amendment
No employee or agent of Air NZ/Contractor has any authority to amend, cancel or otherwise alter these Terms and Conditions.
- Governing Law and Invalidity
12.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. The Member agrees to submit to the exclusive jurisdiction of the New Zealand Courts.
12.2 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.
- Personal Information
13.1 Personal information you provide in connection with the Koru Valet Parking Services is recorded by or on behalf of Air NZ/Contractor. Certain details, including without limitation, your name, car registration number, Koru Club membership number, credit card account details, travel details and/or purchases of Koru Valet Parking Services, may be passed between Air NZ, Contractor and third party agencies in order to provide the Koru Valet Parking Services, conduct marketing activities and research and to facilitate the operation of Koru Valet Parking.
13.2 When you provide personal information to us in connection with the Koru Valet 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.
13.3 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.
- Force Majeure
Air NZ/Contractor shall have no liability to the Member if it is prevented from, or delayed in performing, the Koru Valet 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.
- 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 Koru Valet Parking Services.
- Definitions and Interpretation
- 'Airport' means the airport(s) in New Zealand where the Koru Valet Parking Services are provided for the Vehicle.
- 'Air NZ' means Air New Zealand Limited.
- 'Air NZ/Contractor' means Air NZ, and/or its Contractor, who provides the Koru Valet Parking Services as applicable.
- 'Car Park' means the parking space used to park the Vehicle in Auckland and Christchurch.
- 'Contractor' means a third party who may provide the Koru Parking Services on behalf of Air NZ in Auckland and Christchurch.
- 'Credit Card' means a valid credit card issued by a financial institution in the name of the Member and supplied to Air NZ/Contractor to charge the Fees incurred.
- 'Fees' means fees set by Air NZ/Contractor or Preferred Supplier for the Koru Valet Parking Services.
- 'Grooming' means the cleaning of the Vehicle as agreed between the Member and Air NZ/Contractor.
- 'Koru Club' is a registered trademark of Air NZ and means the programme operated by Air New Zealand to provide airport lounge access and other facilities and services for the use and benefit of Members. 'Club' has a corresponding meaning.
- 'Koru Club Terms and Conditions' means the terms and conditions of Air NZ's Koru Club programme as varied by Air NZ from time to time.
- 'Koru Valet Parking Services' means the services offered by Air NZ/Contractor to the Member, known as Koru Valet, including the moving and parking of the Vehicle and any other services in respect of the Vehicle agreed to from time to time by Air NZ/Contractor such as Grooming and Maintenance.
- 'Losses' includes all liabilities, suits, judgments, claims, costs, charges, damages, expenses or losses.
- 'Maintenance' means repairs and other maintenance services carried out by a Preferred Supplier at the Member's request and subject to these Terms and Conditions in addition to those of the Preferred Supplier.
- 'Member' means either a Koru Club Member as defined in the Koru Club Terms and Conditions or an Airpoints Member (as defined in the Airpoints Terms and Conditions) with Gold or Gold Elite tier status, or such other person who may be permitted to use the Koru Valet Parking Services from time to time.
- 'Preferred Supplier' means the suppliers that Air NZ/Contractor choose to use to carry out Maintenance.
- 'Premises' means any place or places nominated by Air NZ/Contractor where the Koru Valet 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.
- 'Related Operator' means a subsidiary of Air New Zealand Limited which operates the Valet Parking Services on behalf of Air New Zealand Limited.
- '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.
- 'Vehicle' means the motor vehicle which the Member delivers to Air NZ/Contractor for the purposes of receiving the Koru Valet 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 Member.