Terms & Conditions
Terms and Conditions (updated May 2022) NAY & LAKE LIMITED trading as LOCK N’ FLY
We are a family business that operates these services at Whangarei Airport. We are not permanently onsite at Whangarei Airport. We have a small team of staff, who visit the airport on a regular basis to move vehicles to/from our secure yard at the airport to the “drop off/pick up” yard.
1.1. These are the Terms and Conditions upon which our Services are provided and shall be deemed incorporated in and shall form part of all bookings.
1.2. By making an online booking or parking at our Carpark you shall be deemed to have agreed to be bound by these Terms and Conditions; and you agree to comply with all rules and policies and directions given to you by our staff.
1.3. No variations to these Terms and Conditions will be binding on us unless agreed by us in writing.
1.4. Any changes to these Terms and Conditions will be updated to our Website and deemed effective immediately.
2.1. LOCK N’ FLY reserves the right to store your Vehicle and its contents at any land and/or buildings which are owned or leased by us or of which we have a right of use or occupancy (“Premises”). Movement and storage of your Vehicle at our premises is at our sole discretion.
3.1. The customer agrees that it is their responsibility to have their vehicle fully insured whilst in the care of LOCK N’ FLY. You authorize LOCK N’ FLY and its employees/contractors to drive/store/park your vehicle at any of our premises. You further agree that your insurance is deemed to cover LOCK N’ FLY employees/contractors whilst driving your vehicle during any transit between our premises. In the event of any accident/losses to the your vehicle occurring during transit between premises or at the storage facility you will claim all losses on your insurance. In the event that our employee/contractor is found at fault then LOCK N’ FLY will reimburse you all their uninsured losses such as any excess applicable as a result of the accident to a maximum of $2000.00
4. Fees and Payment
4.1. Our standard parking Fees are calculated on a “per night” basis. Please see our Website for our current standard rates and charges. Advertised rates are for standard vehicle sizes only. Rates and charges are subject to change without notice. Rates depend on vehicles make and model. If you have made a booking for the wrong make and model, we reserve the right to update the rate at the time of parking. The rates advertised are for the general public only and is not available to commercial operators such as vehicle hire companies and storage companies.
4.2. We reserve the right to correct pricing should there be any calculation errors or technological errors.
5. Credit Cards
5.1. If you wish to make any payments to us by way of an approved credit card, you agree to provide us with all required details of your credit card for the purpose of charging that credit card for any due fees and costs incurred in accordance with these Terms and Conditions. You warrant that the credit card belongs to you and/or you are duly authorised to have amounts charged to the Credit Card.
5.2. You authorise us to charge your credit card for all due Fees and costs incurred in accordance with these Terms and Conditions.
5.3. LOCK N’ FLY use Windcave for all online credit card payments. We do not collect or store any credit card information.
6. Car Keys
6.1. At the time of drop off, you must provide one car key and any remote-control device necessary to open or operate your Vehicle to enable us to perform our Services. In the event that you fail to leave a car key and/or any remote control necessary to open or operate your Vehicle then you agree to paying Towing Fees. LOCK N’ FLY will not be liable for any other keys handed with the car key.
6.2. We are not liable for any damage caused to keys as a result of reasonable use and fair wear and tear.
7. Nominated Person for collection
7.1. In the event you wish to organise a nominated person to collect your vehicle, please provide their full name and contact details via email. firstname.lastname@example.org
8. Booking Period and changes
8.1. Please provide all drop off and pick up times at the time of making your Booking (“Booking Period”). You need to duplicate these details of drop off and pick up times when completing the envelope (in case of changes from original booking). All dates and times provided to us form part of our Contract and are deemed to have been checked by you and accepted as correct upon the commencement of our Services.
8.2. You agree to notify us any change of arrival dates, time and flight number in writing via email with at least 24 hours notice to email@example.com
8.3. Changes of less than 24 hours should be made via a phone call PLUS an email
8.4. Changes with less than 4 hours notice will incur a “call out fee” of up to $100.
8.5. All cancellations must be sent via email to firstname.lastname@example.org. No phone cancellations accepted
8.6. There is no refund for ‘no-show’ or cancellation within 24 hours of booked date and time. Only exception is a cancelled flight by the airlines, at which time you have 48 hours to request a refund.
8.7. Where a refund is provided a $10 admin fee may apply to cover bank fees / time etc
9. Lien and Abandonment
9.1. LOCK N’ FLY shall have a contractual lien in respect of your Vehicle and/or any goods attached to or contained within the Vehicle at the time of storage for all due Fees and costs that may be payable in accordance with these Terms and Conditions. We reserve the right to exercise the lien, at our sole discretion, and may retain possession of your Vehicle and/or any goods attached to or within the Vehicle until we have received full payment of any due Fees and costs that have been incurred up to and including the time of release in accordance with these Terms and Conditions.
9.2. Should any due Fees or costs remain unpaid after 30 days of LOCK N’ FLY serving notice requiring immediate payment of the due Fees and/or costs, we may, after making reasonable attempts to contact you and/or the owner of the Vehicle, sell the Vehicle and/or any goods attached to or contained within the Vehicle and apply any proceeds in satisfaction of the lien. The balance of proceeds of sale (if any) after the deduction of all Fees and/or costs owed to us, including all costs associated with the recovery of the debt and the sale of the Vehicle and/or any goods attached to or contained within the Vehicle, will be accounted for by LOCK N’ FLY, and paid to you or the owner of the Vehicle upon providing satisfactory proof of ownership.
10. Customer Obligations
10.1. Your Vehicle and its contents are stored and driven at your own risk at all times. We accept no liability for any loss 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. Any valuables in the vehicle must be disclosed to us at the time of parking.
10.2. Your own insurance is to cover the Vehicle in all respects to damage or loss at all times.
11. Customer Warranty (if using our add on services)
11.1. By agreeing to these Terms and Conditions you warrant as follows:
i. You are either the owner of the Vehicle or the authorised agent of the owner of the Vehicle;
ii. You are accepting these Terms and Conditions on your own behalf and on behalf for all other persons or entities on whose behalf you are acting;
iii. The Vehicle you are storing with us is registered, has a current Warrant of Fitness (W.O.F), is of roadworthy condition, is reasonably drivable and suffers no defects or dangerous features that may cause harm or damage to any other person, vehicle, or the Carpark.
12.1. While we take all reasonable care to keep our Premises safe, we cannot guarantee the security of your vehicle while in our care.
13. Authority in Respect of Vehicle
13.1. You authorise LOCK N’ FLY to perform any act that we, at our sole discretion, consider necessary to provide our Services. Such acts may include, but are not limited to the following:
i. Entering the Vehicle;
ii. Driving the Vehicle within our premises or to any other location necessary to enable us to perform our Services; and;
iii. Adjusting seat and/or mirror positioning to enable us to operate the Vehicle safely and/or correctly perform any other services. We accept no liability for any claim for loss or damage caused by such acts.
14. Authority to Release
14.1. We will only release your Vehicle to someone who, at our sole discretion, we are satisfied is entitled to possession of the Vehicle.
14.2. You may nominate someone other than yourself to access or collect the Vehicle on your behalf by providing written authority to LOCK N’ FLY via email to email@example.com. You must include the full legal name and description of the person who will be accessing or collecting your Vehicle.
14.3. In the event of loosing the locker PIN number, customers and/or their Nominated Person(s) must provide satisfactory identification of either a valid New Zealand Drivers Licence or a valid Passport upon collection of the Vehicle. You and the owner of the Vehicle release and indemnify LOCK N’ FLY and our employees, agents, contractors and representatives from any liabilities, claims, damages, losses, costs and expenses that may arise from releasing the Vehicle to any person, provided this clause is satisfied.
15. Complaints/Disputes Process
15.1. LOCK N’ FLY sees every customer complaint as an opportunity to improve its products and services. Detailed below is what you can expect to occur if you make a complaint. Any complaints/disputes arising out of the provision of our Services must be reported to us at the time of collection of your Vehicle. Complaints must be in writing from your Nominated Email Address. We aim to resolve all complaints in a positive and expedient manner. LOCK N’ FLY will take your compliant and get back to you within 5 working days. However this might not always be possible as we may need to investigate the matter. Where the issues are complex, additional time may be required to allow LOCK N’ FLY to conduct proper enquiries. Where this is necessary, you will be kept informed of the progress of the investigation and the expected time fame for completion.
16.1. We may need to collect and store certain information about you, including, but not limited to, your name, address, email address, phone number, vehicle and Credit Card information. The collection and storage of such information is necessary to enable us to process your Booking, provide our Services and to identify you. By accepting these Terms and Conditions you authorise the use of such personal information for this purpose. We do not share your personal information with any third party and is the sole use of LOCK N’ FLY to carry out its business. Time to Time we may send you marketing material. Personal information that we collect is either held by us or on our behalf . Our physical office address is 66 Clyde Steet, Whangarei. Some information we hold will be stored in “the cloud” in secure databases on our behalf by third parties. You are also responsible for complying with any security requirements that we notify to you. For example, you must keep your PIN details safe and confidential at all times.
16.2. When LOCK N’ FLY communicates with you for the purposes of its services, you consent to receiving communications from us in any form including by email or text message.
16.3. The collection, storage and use of your personal information is subject to applicable laws including the Privacy Act 2020. You have the right to access your personal information recorded by us and have it updated or corrected as necessary when you communicate these via email. Of course we are happy to remove you from our database if you communicate that to us.
17. Force Majeure
17.1. We shall not be liable to you or your agents if we are prevented from, or delayed in performing our Services as a result of acts, events, omissions or accidents that are beyond our reasonable control, including, but not limited to, failure of a utility service or transport network, an 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.
18. Consumer Guarantees Act
18.1. Nothing in these Terms and Conditions shall affect any rights you may have under the Consumer Guarantees Act 1993 except to the extent permitted by that Act. If you acquire the Services for business purposes the provisions of the Consumer Guarantees Act 1993 shall not apply to our supply of such services.
19. Governing Law and Invalidity
19.1. These Terms and Conditions shall be governed and construed in accordance with the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the New Zealand Courts. Should any provision of these Terms and Conditions 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.