PARK EZ FLY & RIDE TERMS AND CONDITIONS FOR ONLINE AND WALK-IN RESERVATIONS

INTRODUCTION

These terms and conditions (“Terms”) apply to all online reservations for services made as a walk-in customer to Park EZ Fly & Ride or via the Park EZ Fly & Ride website (“Website”) (parkezfly.net). Each customer is assumed to have carefully read and understood these Terms.

References to "You" and/or "Your" refer to any person who makes a reservation for services at Park EZ Fly & Ride. References to “We”, “Our”, and “Us” refer to Park EZ Fly & Ride, as described above. Any resulting contract for car parking, valet parking, ancillary products and/or other services that may be offered is made between You and Us.

All prices shown are in U.S. dollars and include applicable tax.

HEADINGS

The headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provisions of these Terms. If for any reason there is a conflict between content and headings, the content will control.

VALET PARKING

  1. All prices shown on Our Website or in Our office are in U.S. dollars and include tax at the prevailing rate.
  2. When at the Valet Parking reception area, You must drive carefully and responsibly. You must also ensure that any children and service animals are properly supervised and are at all times accompanied when they are at the reception area. Please take care and be aware of all vehicles in motion within and around the reception area.
  3. When You have parked Your vehicle at the reception area, it is Your responsibility to:
    1. Lock Your vehicle securely;
    2. Not leave any animal or person within Your vehicle;
    3. Leave only the keys required to move Your vehicle with the valet parking operator;
    4. Ensure that Your possessions are placed in a locked trunk and are not on display. The Parking Lot cannot be held responsible for any loss or damage whatsoever occurring to Your vehicle or possessions within it;
    5. Before leaving a vehicle and surrendering car keys, ensure Your vehicle is properly secured, is in a roadworthy condition, and the registration period is valid for the duration of the stay.
  4. You must comply with all directional signage and other instructions when in the reception area and parking lot, and only park in marked spaces unless directed otherwise by the valet parking operator.
  5. You should provide at least 24 hours’ notice of Your intent to return early to the parking lot.
  6. We do not accept liability for damage to Your vehicle (whether caused accidentally or by way of vandalism) while the vehicle is in the parking lot or valet area, reception area and/or on-site. Should a vehicle suffer damage while in one of these areas, such damage must be reported to the parking lot operator so evidence can be noted and an incident report form completed before You exit the Parking Lot.
  7. We do not accept liability for theft of or from Your vehicle unless You have entrusted the keys of the car to the valet parking operator and then only provided that the keys have been used in order to carry out the theft and the Parking Lot can prove that theft took place.

ANCILLARY PRODUCTS

  1. All prices shown are in U.S. dollars and include tax at the prevailing rate.
  2. Your reservation is non-transferable, both between individuals and as to different Parking Lot products.
  3. Detailing services must be booked at least 72 hours before arrival.

REWARDS PROGRAM

Any rewards program for frequent parking is determined solely by Us and is subject to change or cancellation at any time by Us. By creating an account with Us on Our Website, You are agreeing to receive offers and promotions from the Parking Lot.

CANCELLATIONS OR CHANGES TO ONLINE RESERVATIONS

  1. Should You wish to cancel all or part of Your online reservation and receive a full refund, You may do so by giving advance notice of over 24 hours beyond Your expected time of entry into the parking lot. Cancelling a reservation via the Website is possible by clicking on the "MY RESERVATION" button and providing your reservation ID. In the event of Jacksonville International Airport (JAX) closure, the 24 hours’ notice period for cancellation shall be waived. Failure to provide the required advance notice will make Your reservation non-refundable.
  2. Should You wish to make changes to Your online reservation, You may do so no less than 24 hours in advance of the expected time of Your entry into the parking lot via the Website by clicking on the "MY RESERVATION" section. In the event of Jacksonville International Airport (JAX) closure, the 24 hours notice period for modification may be waived.
  3. We reserve the right to cancel Your reservation at any time and for any reason. In the event that this occurs, We will refund the amount received from Your pre-reservation on the credit or debit card used for the reservation.
  4. Refunds will be made to the credit/debit card used for the reservation.
  5. We reserve the right to levy non-refundable surcharges for payment by debit or credit card, as well as other transaction fees. Such charges will be identified to You before any online reservation is confirmed. Any subsequent changes to Your online reservation where an additional payment is required may also be subject to such additional fees.

LIMITATION OF LIABILITY

  1. We do not accept liability for any failure to perform our obligations hereunder due to an event beyond our reasonable control, such as, but not limited to, war or threat of war, riots, civil strife, terrorist threats or activity, industrial disputes, natural and nuclear disaster, fire, adverse weather conditions, government regulations, closure or congestion of Parking Lots, and/or cancellation or changes of schedules by airlines.
  2. We do not accept liability for: (a) any indirect or consequential loss; or (b) any loss of profit, loss of enjoyment, loss of revenue, loss of data, or loss of earnings as a result of making use of Our services.

GENERAL

  1. Any contract made between You and Us in person or via the Website is governed by the applicable laws of the United States of America and the State of Florida.
  2. Venue for any action brought pursuant to these Terms will be in the County or Circuit Court in Duval, Florida.
  3. We reserve the right to change these Terms at any time. Once an online reservation has been made, the Terms in existence at the time of such online reservation will govern the subsequent transaction. You should always read the Terms before completing an online reservation.
  4. We reserve the right to refuse admission of any vehicle to the parking lot for any reason whatsoever and may remove from the parking lot or move within the parking lot any vehicle by whatever method considered reasonable and for any reason whatsoever.
  5. These Terms constitute the entire agreement between You and Us with respect to online reservations for any and all offered services.
  6. Should You need to contact the parking lot operator, please do so by telephone at +1 (904) 723-1111.

DATA PROTECTION AND PRIVACY

Any personal information You supply to Us when You use the Website will be used in accordance with existing laws and regulations We are bound by. In addition, We may use said information to improve Our services and products in any way that We see fit.

CONTRACT MADE IN FLORIDA

These Terms have been made in and shall be construed in accordance with the laws of the State of Florida. All Our duties, obligations and liabilities to You related to these Terms are expressly set forth herein.

COMPLETE CONTRACT

These Terms represent the complete understanding between Us and You, and any prior agreements or representations, whether written or verbal, are hereby superseded.

INDEMNIFICATIONS

  1. To the maximum extent permitted by Florida law, in addition to Your obligation to provide, pay for and maintain insurance as set forth elsewhere in this Term, You will indemnify and hold harmless Park EZ Fly & Ride, its members, officers, agents, employees, and volunteers from any and all liabilities, suits, claims, procedures, liens, expenses, losses, costs, fines and damages (including but not limited to claims for attorney's fees and court costs) caused in whole or in part by the:
    1. Presence on, use, or occupancy of car parking property;
    2. Acts, omissions, negligence (including professional negligence and malpractice), errors, recklessness, intentional wrongful conduct, activities, or operations;
    3. Any breach of the terms of this Term;
    4. Performance, non-performance or purported performance of this Term;
    5. Violation of any law, regulation, rule, Advisory Circular, or ordinance;
    6. Infringement of any patent, copyright, trademark, trade dress or trade secret rights; and/or
    7. Contamination of the soil, groundwater, surface water, storm water, air or the environment by fuel, gas, chemicals or any other substance deemed by the Environmental Protection Agency or other regulatory agency to be an environmental contaminant; by You or Your officers, employees, agents, volunteers, subcontractors, invitees, or any other person whether the liability, suit, claim, lien, expense, loss, cost, fine or damages is caused in part by an indemnified party. This indemnity obligation expressly applies, and shall be construed to include, any and all claims caused in part by negligence, acts or omissions of the Authority, its members, officers, agents, employees, and volunteers.
  2. In addition to the duty to indemnify and hold harmless, You will have the separate and independent duty to defend, its members, officers, agents, employees, and volunteers from all suits, claims, proceedings, or actions of any nature seeking damages, equitable or injunctive relief, liens, expenses, losses, costs, royalties, fines, attorney's fees or any other relief in the event the suit, claim, or action of any nature arises in whole or in part from the:
    1. Presence on, use, or occupancy of Parking Lot property;
    2. Acts, omissions, negligence (including professional negligence and malpractice), errors, recklessness, intentional wrongful conduct, activities, or operations;
    3. Any breach of the terms of this Term;
    4. Performance, non-performance or purported performance of this Term;
    5. Violation of any law, regulation, rule, Advisory Circular, or ordinance;
    6. Infringement of any patent, copyright, trademark, trade dress or trade secret rights;
    7. Contamination of the soil, groundwater, surface water, stormwater, air or the environment by fuel, gas, chemicals or any other substance deemed by the Environmental Protection agency or other regulatory agency to be an environmental contaminant;
    by You or You officers, employees, agents, volunteers, subcontractors, invitees, or any other person directly or indirectly employed or utilized by You regardless of whether it is caused in part by Authority, its members, officers, agents, employees, or volunteers. This duty to defend exists immediately upon presentation of written notice of a suit, claim or action of any nature to You by a party entitled to a defense hereunder. This defense obligation expressly applies, and shall be construed to include, any and all claims caused by the negligence, acts or omissions, of the Authority, its members, officers, agents, employees and volunteers.
  3. If the above indemnity or defense provisions or any part of the above indemnity or defense provisions are limited by Florida Statute §725.06(1) or any other applicable law, then with respect to the part so limited, the monetary limitation on the extent of the indemnification shall be the greater of the (i) monetary value of this Term, (ii) coverage amount of Commercial General Liability Insurance required under this Term, or (iii) $1,000,000.00. Otherwise, the obligations of this Article will not be limited by the amount of any insurance required to be obtained or maintained under this Term.
  4. Your obligations to defend and indemnify as described in this Article will survive the expiration or earlier termination of this Term until it is determined by final judgment that any suit, claim or other action against Authority, its members, officers, agents, employees, and volunteers its fully and finally barred by the applicable statute of limitations or repose.
  5. Nothing in this Article will be construed as a waiver of any immunity from or limitation of liability Authority, or its members, officers, agents, employees, and volunteers may have under the doctrine of sovereign immunity under common law or statute.
  6. Authority and its members, officers, agents, employees, and volunteers reserve the right, at their option, to participate in the defense of any suit, without relieving You of any of its obligations under this Article.

If the above Sections or any part of these Terms is deemed to conflict in any way with any applicable law of the United States of America or the State of Florida, the Article or part of the Article will be considered modified by such law to remedy the conflict.