STORAGE OF MOTOR VEHICLES
- On the terms of the Agreement:
- Pioneer Airport Car Storage (“ACS”) is authorised to collect the Motor Vehicle from the airport or designated pickup area and move the Motor Vehicle to the Storage Area.
- ACS will return the Motor Vehicle from the Storage Area to the airport or the designated drop off area at the end of the storage period.
- In circumstances where the client has taken advantage of the Shuttle service, but for reasons beyond our control the vehicle has not been stored at Pioneer Airport Car Storage. The client will be charged our normal pick up and drop off charges (to and from) the airport.
- ACS will perform any other services as the parties agree.
- On the terms of the Agreement:
- ACS may relocate the Motor Vehicle within the Storage Area or to other premises under the control of ACS without notice to the Owner.
PAYMENT FOR MOTOR VEHICLE STORAGE
- The Owner must pay for the vehicle storage at the rates current at the commencement of the Storage Period.
- Payment by the Owner for the Storage Period is due upon ACS taking possession of the Motor Vehicle
- The Owner must pay ACS charges for any other services performed by ACS and any Storage in excess of the Storage Period at the rates set by ACS from time to time.
- The Owner must pay legal costs (on a full indemnity basis) incurred by ACS in enforcing (or attempting to enforce) this Agreement including recovering payment of any money due under this Agreement an costs of exercising the rights granted by clause 4.
- The Owner must make payment under this Agreement to ACS or as directed by ACS and by the method required by ACS, on time without deduction and upon demand (unless this Agreement specifies otherwise)
- If the owner of the vehicle defaults on their payment, Pioneer Airport Car Storage has the authority to debit the credit card details provided by the owner of the vehicle and to put through transactions without the owner of the vehicle being present. Including but not limited to: any outstanding amounts owing for storage and any other service fees incurred before, during or after storage. Payments will be deducted from the credit card details provided by the owner of the vehicle at completion of storage and/or during storage at monthly intervals (which ever is deemed most convenient by Pioneer Airport Car Storage Accounts department).
PARKING LOT EXIT FEES
- Our delivery hours are between 08:00am and 4:30pm on Weekdays, and between 08:00am and 12:00pm on Weekends and Public Holidays.
- The standard rate for vehicles delivered or collected from the Airport by Pioneer Airport Car Storage (during delivery hours) is $9.90 on Weekdays and $15.00 on Weekends and Public Holidays.
- FIRST EXIT - Cars being collected from the Airport by Pioneer Airport Car Storage:
- In the past, Pioneer Airport Car Storage have not charged onto customers the FIRST parking lot exit cost from the Airport which has increased exponentially over the years. On occasion some entry times are 1-2 hours prior to the customer's specified entry time which greatly increases our exit costs, e.g. if a customer specifies the time they will drop their car at the Airport is 11am, but in fact, the entry ticket time stamp is 9am: an additional 2 hour exit cost will now be charged on to the customer (at the current parking lot rate).
- No additional charges will be added if the pickup time supplied in the Booking was accurate, otherwise the difference be passed onto the customer after collection. During office hours, the best way to reduce this cost will be to call or text message us when you are approximately 10-15 minutes away from the Airport.
- When a vehicle is dropped off to the Airport during the period OUTSIDE our delivery hours (detailed above) on a Weekday, our pickup fee is $9.90 plus the parking lot exit fee that will be CHARGED TO US by the Airport at 08:00am when we collect the vehicle during the next day.
- When a vehicle is dropped off to the Airport during the period OUTSIDE our delivery hours (detailed above) on a Weekend or Public Holiday, our pickup fee is $15.00 plus the parking lot exit fee that will be CHARGED TO US by the Airport at 08:00am when we collect the vehicle during the next day.
- SECOND EXIT - Cars being delivered to the Airport by Pioneer Airport Car Storage:
- If a customer specifices that they need their vehicle delivered to the airport outside of our delivery hours (detailed above): the vehicle will be delivered to the Airport parking lot at close of delivery hours the previous day. In order to exit the parking lot, you will need to pay the parking fee (based on the duration the vehicle was parked, charged at the current Airport parking rates) at the Pay Station or via Paywave/Paypass at the parking lot boom gate exit.
- We take vehicles to the Airport before your flight's scheduled landing. The Airport parking lot exit fee is to be paid by the customer when leaving the parking lot. The fee is usually $15.00 or less.
- When a customer returns for collection during a period OUTSIDE our delivery hours on a Weekday (detailed above): our drop off fee is $9.90, but the customer will also need to pay the Parking lot exit fee when leaving which can be up to $29.00 if the vehicle is parked for 8 hours or more but is typically much less.
- When a customer returns for collection during a period OUTSIDE our delivery hours on a Weekend or Public Holiday (detailed above): our drop off fee is $15.00, but the customer will also need to pay the Parking lot exit fee when leaving which can be up to $29.00 if the vehicle is parked for 8 hours or more but is typically much less.
- The Owner grants ACS a lien over the Motor Vehicles for all charges pursuant to the Agreement including any expenses incurred by ACS pursuant to clause 4.2(b)
- If any amount payable under this Agreement remains unpaid for 60 days after due date for payment then:
- ACS may as the Owner’s agent sell the Motor Vehicle in such manner and so such terms ACS in its absolute discretion decides;
- ACS may deduct from the sale proceeds of the Motor Vehicle all unpaid storage fees, sale costs, legal costs, charges and other money payable by the Owner to ACS arising out of the storage of the Motor Vehicle whether pursuant to this Agreement or otherwise together with any amount necessary to clear any encumbrance affecting the Motor Vehicle in favour of a third party;
- Any remaining surplus of the sale proceeds, after ACS makes any deduction under paragraph (b) of this clause, shall be sent by ACS to the Owner at the Owner’s last known address but if the Owner cannot, after reasonable endeavours, be located, the Owner hereby irrevocably authorises ACS to donate the surplus sale proceeds to a charity of ACS’s choice.
- In consideration of ACS storing the Motor Vehicle of the Owner and to be better secure ACS’s rights under this clause, the Owner hereby irrevocably appoints the manager of ACS as the Owner’s attorney to exercise the rights available to ACS under clause 4.2 and agrees to ratify and confirm all acts things done by ACS in the exercise of those rights and as the Owner’s attorney.
- Unless prior written agreement is reached with ACS, if a Motor Vehicle remains at the Storage Area for a period in excess of 60 days or if a Motor Vehicle remains at the Storage Area for a period in excess of 60 days after the expiration of the Storage Period then the Motor Vehicle will be deemed abandoned and the Owner authorises ACS to deal with the Motor Vehicle in any manner that ACS deems fit, including but not limited to moving the Motor Vehicle to other premises or disposing of the Motor Vehicle.
- The Owner warrants and represents to ACS that at the date of this Agreement:
- The Owner has legal title to the Motor Vehicle;
- The Motor Vehicle is free from all encumbrances, claims or liens;
- The Owner is not bankrupt nor has any Receiver been appointed over or in respect of any of the Owner’s assets;
- The Owner has not agrees to sell the Motor Vehicle.
- If any act, matter or thing occurs or becomes known to the Owner which is inconsistent with the warranties and representations contained in this clause, the Owner must immediately give ACS written notice of that act, matter or thing.
- The Owner warrants and represents to ACS that at the date of this Agreement:
ACKNOWLEDGEMENT, RISK AND IDEMNITIES
- The Owner acknowledges that:
- Motor Vehicle washing and detailing may be performed on other Motor Vehicles in the storage area, including Motor Vehicles in close proximity to the Motor Vehicle;
- The Motor Vehicle is in the condition as described in the Condition Report at the time that ACS collects the Motor Vehicle;
- The Motor Vehicle, if stored outside, will be subject to outside conditions;
- ACS provides storage services only and does not necessarily store motor vehicles according to manufacturers’ requirements or any other special requirements unless the Owner and ACS agree to such requirements and the Owner agrees to pay additional charges as set from time to time.
- The Owner uses the services of ACS (including the storage of the Motor Vehicle) at own risk and in particular, the risk in the Motor Vehicle remains with the Owner.
- The Owner releases ACS from any liability, action or demand due to any damage, loss (including consequential), injury or death occurring on or near Motor Vehicle or in or near the Storage Area arising from any cause whatsoever including the negligence of ACS or from matters referred to in clause 7.1(a)
- Without limiting the generality of the above clause, the Owner releases ACS from any liability, action or demand due to damage;
- Caused by electrical failure;
- Which is damage to motor vehicle door handles
- Caused by mechanical failure
- Caused by reason of the Motor Vehicle being stored outside.
- The Owner indemnifies ACS, its employees and agents from and against all claims, demands, actions, loss, costs and expenses brought or made against or suffered or incurred by ACS arising directly or indirectly out of:
- The actions, omissions or negligence of the Owner and the Owner’s servants or agents (including any contractor employed by the Owner);
- Any default by the Owner under this Agreement;
- Misuse by the Owner or any of its contractors of any facilities or services made available by ACS;
- The use of the Storage Area
- Any other cause other than the sole negligence of ACS, its employees and agents
- To the extent permitted by law, all conditions, warranties, terms and obligations expressed or implied in by law in any way relating to goods or services (“Prescribed Terms”) are excluded and (without limiting clauses 7.2 or 7.3) ACS will not be liable in contract, tort, negligence, breach of statutory duty or otherwise to the Owner or any other person in respect of any loss or damage, including loss of property or profit, claims or demands of any nature arising directly out of the use of the storage area by the Owner or any other person, the provision of any other service to the Owner or in relation to the Motor Vehicle. If liability for breach of a Prescribed Term cannot be excluded but is capable of limitation it is hereby limited at the option of the resupply of the goods or payment of the costs of such resupply of services or payment of the costs of such resupply (as the case may be)
- The Owner acknowledges that:
- Any claims made by the Owner with respect to the condition of the Motor Vehicle after the Storage Period must be made within one hour if the Motor Vehicle being returned to the Owner by ACS. The Owner releases and forever holds harmless ACS for any claims not notified to ACS in that time.
- If the Owner fails to complete a condition report at the beginning of the Storage Period than ACS may (although is not obliged to) complete a condition report, in which case the Owner accepts this condition report. If ACS does not complete a condition report, then the Owner forfeits any right the Owner may have either in law or in equity against ACS with respect to the condition of the Motor Vehicle.
CHANGE OF ADDRESS AND NOTICE
- The Owner must notify ACS immediately of and change in the Owner’s address or contact details (including the Alternative Contacts). ACS may serve any notice by forwarding it by post to the address last notified by the Owner and the notice shall be deemed to have been received on the day that the Notice should have arrived in the ordinary course of the post.
INTEREST ON OVERDUE AMOUNTS
- Without limiting any other right or remedy available to ACS, whether under this Agreement, at law, in equity or otherwise, the Owner agrees to pay to ACS interest on any amount due to ACS under this Agreement at the rate 2.5% for each month or part of a month that such amounts remain unpaid after the due date for payment. If ACS obtains a judgement against the Owner, the Owner must pay interest on the amount of the judgement at the higher of the rate prescribed by legislation or the rate specified under this clause for each month or part of the month that the judgement remains unpaid.
- ACS reserves the right to impose conditions as to the time and manner of access to the Motor Vehicle by the Owner or any person authorised by the Owner and is not obliged to provide access to the Motor Vehicle or to permit its removal from the premises unless ACS is satisfied that the person or persons seeking access to the Motor Vehicle are properly authorised by the Owner.
- ACS shall be entitled to refuse access to the Motor Vehicle and to prevent its removal where moneys are owing by the Owner to ACS or if ACS exercises its lien pursuant to clause 4.
- The Owner must pay ACS the applicable storage fee for any period which ACS retains possession of the Motor Vehicle as a consequence of the exercise of the lien referred to in clause 4 and that lien shall extend over any storage fee charged pursuant to this clause.
- ACS or the Owner may terminate this Agreement at any time by giving the other 1 days written notice.
- If the Owner breaches this Agreement than ACS may immediately terminate this Agreement by written notice to the Owner.
- Upon termination of this Agreement (whether by termination under this clause or otherwise) the Owner must immediately remove the Motor Vehicle from the Storage Area and pay all outstanding storage fees and other money payable to ACS pursuant to this Agreement. For the purpose of this provision, storage fees will continue to accrue from the date of termination until the date of removal.
- The expiry of this Agreement (wether by termination under this clause or otherwise) shall not prejudice or effect any rights or remedies available to ACS under this Agreement, at law, in equity or otherwise.
- Transfer of title in the Motor Vehicle (whether by sales or otherwise) will not terminate this Agreement and the Owner remains liable under this Agreement until this Agreement is discharged or ACS enters an agreement with the new Owner.
- The Owner:
- Must only use the storage facility of ACS for storage of the Motor Vehicle and may not store in or with the Motor Vehicle any goods that are hazardous, illegal, stolen, flammable, explosive, environmentally harmful, perishable or that are a risk to property or person (except to the extent that the goods of such nature are ordinarily found in Motor Vehicles and cannot be reasonably removed from the Motor Vehicle);
- Cannot assign this Agreement;
- Gives permission to ACS to discuss any matter arising under this Agreement with the Alternative Contact;
- Must comply with all reasonable directions given to the Owner by ACS’s employees charged with the administration of the storage area.
- The Owner:
AGENCY OF ACS, ITS EMPLOYEES AND AGENTS
- The Owner authorises ACS as its agent to drive the Motor Vehicle where necessary, including but not limited to, driving the Motor Vehicle between the Cairns International Airport and the Storage Area or other premises and driving the vehicle to any premises where mechanical repairs will be carried out. This authorisation extends to ACS, its employees and its agents.
CREDIT CARD PAYMENT
- The Owner authorises ACS to charge the Owner’s credit card for any payments that are due and owing to ACS by the Owner under this Agreement.
- ACS holds all information it obtains about the Owner pursuant to the Privacy Principles of the Privacy Act 1988.
- Information is collected for the purposes of carrying out this Agreement or enforcing the ACS’s rights under this Agreement.
- Personal details of customers such as names, email addresses and credit card information will be transmitted and stored with our payment gateway provider (Westpac Payway). Credit Card details will only be stored with the payment and gateway provider: they will not be stored on this server.
- Pioneer Airport Car Storage also implements Google Remarketing and collects Google Demographic and Interest data. None of this data contains personally identifiable information. To opt-out of this kind of tracking: please use this tool provided by Google.
- This Agreement is governed by the law of Queensland.
- All payments under this Agreement are to be made in Cairns Queensland
- Any legal action in relation to this Agreement may be brought in any court of competent jurisdiction sitting at Cairns, Queensland.
- No failure, delay, relation or indulgence on the part of ACS in exercising and power or right conferred under this Agreement shall operate as a waiver of such power or right, nor shall any single or partial exercise of any such power or right preclude any other or future exercise thereof or the exercise of any power or right under this Agreement.
- If any provision of this Agreement is illegal, void, invalid or unenforceable, all other provisions which are capable of separate enforcement shall be and continue to be valid and enforceable.
- No variation, modification or waiver of any provision of this Agreement shall be of any effect unless it is confirmed in writing signed by the parties.
- In the event that the person signing this Agreement on behalf of the Owner is not the Owner of the Motor Vehicle, the signatory warrants that he or she has authority to sign and bind the Owner.
- The term Motor Vehicle includes all fitting, plant and equipment and chattels in or for use in connection with the Motor Vehicle.
- Where the context permits ACS includes its servants and agents, including independent contractors employed by ACS
- Where 2 or more persons are specified as Owner this Agreement binds them jointly and severally.
- These terms and conditions are valid from 3rd April 2009 for all vehicle owners, including those vehicles in storage prior to this date. Pioneer Airport Car Storage retains the right to modify the terms and conditions at any time without notice to vehicle owners.