- Interpretation. In these conditions of sale:
the “Agreement” means the agreement which is formed when we accept an order from you, as provided in Clause 2 below.“Customer” or “you” means the person who purchases Services via the corkairparkservices.ie website (the “Site”) or via our telephone booking line referred to on the Site “Services” means such one or more of the services identified on the Site from time to time and as specified in the Order Confirmation.“Supplier”, “we” or “us” means Cork Air Park Services Limited, registered in Ireland no. 481355 and whose trading address is at Building 2400b ,Cork Airport Business Park, Cork. and VAT number is 9738950W“these terms” means the terms of business set out in this document and shall apply to all pre bookings made electronically via the Site or via our telephone booking line“Order Confirmation” means the confirmation issued by us to you substantially in the form attached hereto.
- Terms of Sale. The advertising of Services on this Site does not constitute an offer to sell them as described, or to provide any services at all. By clicking to place an order or telephoning to place an order via our telephone booking line, you are making an offer to buy which incorporates these terms and this is deemed an unqualified acceptance of these terms. If we elect to accept your offer, you will receive an Order Confirmation. We reserve the right to decline any order, without giving a reason
- Orders. Orders are only binding when the Order Confirmation is deemed received by you in accordance with these terms. You should check the Order Confirmation and notify the Supplier of any mistake by email or telephone immediately; in the absence of any such notification by you the details stated in the Order Confirmation will apply to the Agreement with such terms as shall have been confirmed. .You are entering into a contract with us for the Services at Building 2400b Cork Airport Business Park, Cork for the period confirmed in the on line pre-booking process comprising a series of calendar days on the dates as set out in the Order Confirmation. The date of the contract is the date and time of confirmation of the booking as contained in the Order Confirmation sent to the e-mail address provided by you when making the pre-booking .Your order confirmation for pre booking is non transferable and is only valid for:-the times and dates shown-at the Euro price shown and the price shown is that at the time of the Order Confirmation- car storage and set down provided as part of or in conjunction with the Services is subject to the Terms and Conditions of Use displayed at the entrance point to the set down area . The terms and conditions of use of the car storage and set down area are reproduced here for ease of reference:-Vehicles left in this car storage area and/or set down area at any time are at the owner’s sole risk in all respects- To the fullest extent permitted by law the Supplier nor any of its servants or agents do not accept liability for any accident ,loss or damage to persons ,vehicles or contents however caused (including by unauthorised entrants to the car storage and set down areas)
-Vehicles not claimed within three months [of their due collection date (after reasonable efforts have been made by Supplier to contact them)] may be sold to defray expenses (including accumulated Service expenses )and all proceeds in excess of the said expenses may be collected on production of valid evidence of entitlement.
-The placing of a vehicle in the storage area and/or set down area or the delivery of a vehicle to the storage area and/or set down area in conjunction with the Services shall be deemed an unqualified acceptance of these conditions.
In the event of any conflict between the terms and conditions of use of the storage area/set down area and these terms, these terms shall prevail.
- Availability. If you order Services and we accept the order, we reserve the right to notify you that the Services are no longer available at any time up to providing them for any reason. You can then cancel the Agreement and we will refund you all money paid (other than due to a force majeure event as per clause 17) in full but will not be responsible for any other costs which you may incur as a result. Orders made less than 12 hours in advance of the requirement for any services required from us will not be accepted.The minimum pre booked period required is 24 hours/I dayIf your pre-booking is incomplete in any way we reserve the right not to accept it
- VAT. Unless they are expressly quoted as not including VAT, all prices are inclusive of value added tax and other government taxes or duties
- Currency. When a pre-booking is made, and an order confirmation is issued by us, using a credit card issued outside of the Republic of Ireland the card issuer will debit your account in the local currency at the exchange rate applicable on the processing date. Additional conversion or other charges may be applicable and this will be at your cost.
- Payment. Payment is collected from your credit/debit card at the same time that your order confirmation is sent, and before the Services are supplied. We reserve the right not to fulfil your booking if:-the payment card is declined for whatever reason-it is established the payment card has been used fraudulently or without the cardholder’s permission-you are under the age of 18.It will be necessary for your personal data to be disclosed to the relevant card issuer and/or any third party payment processor for the purpose of processing and confirming your payment.If you card payment is rejected your pre-booking will not be fulfilled /validated until we have received cleared funds.
If for any reason the period specified and paid for in the Order Confirmation is exceeded so (overstay) and your vehicle remains in our storage area longer than specified in the Order Confirmation your debit/credit card will be charged the appropriate fee for the additional time based on the price applicable on the date of your departure from the storage area. No shows will also be charged.
- Minimum charges. A minimum charge of €10 applies for parking service for less than 24 hours, exceeding 24 hours €5 a day applies.
- Your Right To Cancel/Amend Your Booking. Should you wish to cancel your booking you must do so by contacting us by telephone on 353 21 4321944 between the hours of 9am and 5pm (GMT) and we must receive notice of this at least 48 hours before the intended start time of your booking Your booking fees will be refunded in full. Please note any bookings not cancelled at least 48 hours in advance or no shows will not be refunded.If you wish to amend your pre-booking you must do so by contacting our by telephone on 353 21 4321944 between the hours of 9am and 5pm (GMT)and we must receive notice of this at least 48 hours before the intended start time of your booking. There is no charge for amending your booking.If you wish to extend your booking for any Services this will be treated as a new booking in accordance with these terms.We shall not make, nor, shall you be entitled to claim any partial refunds for any unused portion of your booking as stated in your Order Confirmation.Where pre bookings have been made and paid for in foreign currency and are subsequently amended or cancelled leading to a refund we will only refund the Euro amount due and will accept no responsibility for any gains or losses arising from movements in foreign exchange rates or any other associated charges occurring between the date of the pre booking and the date of the refund.In the event of your pre-booking being cancelled or amended you will receive formal confirmation to the e-mail address provided by you when making the pre-booking.
- Prices Quoted. Unless otherwise stated, prices quoted are only valid during your browser session.
- Queries and Complaints. Notification of queries and/or complaints must be notified to us in writing within fourteen (14) days of the problem arising, or fourteen (14) days of completion of the Services, whichever is the earlier.
- Provision of Services The Services cannot be provided unless you bring the same car whose licence plate details you provided in the booking process to the set down area. When you arrive having parked your vehicle in the set down area please present your Order Confirmation at reception. An attendant of ours will then check your vehicle using our checklist and you will remain present for this check as you are required to sign and confirm the checklist. After this procedure is completed you shall handover your vehicle keys to our attendant who will deal with your vehicle in accordance with the Services pre booked by you from that point. On collection of your vehicle you will also be required to sign off on our checklist having checked your vehicle. Please note you may only collect your vehicle between 9 am and 5.30pm (GMT) 7 days a week.
- Liability We offer no warranty or indemnity as to the protection or safety of vehicles left in our storage area and/or set down area or any goods left within the vehicles. The use of the storage area and/or set down area and the use of the Services provided there by us is entirely at your own risk. Neither we nor any of our servants or agents accept any liability in respect of:-any loss, destruction, damage, or theft of or from the vehicles or the contents of the vehicle, or-subject to clause 12 death or personal injury sustained by you and/or any other person.The terms and conditions as set out in the notices to the set down area as detailed in these terms apply to all vehicles in the storage and/or set down at our premises.
- Variation We reserve the right to vary these terms and conditions but once you have made an online booking or booking via our telephone booking line the applicable terms and conditions are those posted on the Site/e-mailed to you at the time of the pre-booking. Terms and conditions that apply on one occasion may not apply on the next occasion and you should always read the terms and conditions before booking.
- Non-Excludable Liability. Nothing in this these conditions shall exclude or limit our liability for death or personal injury resulting from our negligence, or that of any of our employees, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer, nor for any mater for which it would be illegal for us to exclude or attempt to exclude liability nor for any liability for fraud or fraudulent misrepresentation.
- Consequential Loss Etc. Subject to Clause 12, we will not under any circumstances be liable to the Customer by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these terms, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by our negligence, or that of our employees or agents or otherwise, even if advised of the possibility of such damages. For the avoidance of doubt we shall not be responsible for any costs, compensation costs or expenses relating to flights or other services you may have arranged. You are responsible for ensuring you allow sufficient time for your car parking and onward journey/travel arrangements.
- Shuttle Bus: We shall provide a transport service between our premises and the main passenger terminal building during the period of 9 am to 5pm.(GMT)7 days a week. It is your responsibility to allow adequate time to transfer between the set down area and the main passenger terminal building using the transport service .We do not accept responsibility if you miss your flight or check-in for any reason including if you have not allowed sufficient time or if the shuttle is delayed. If you are not travelling to the main passenger terminal building we will provide a transport service to you place of work provided it is within a 2 mile radius of our place of business.
- Deemed receipt: You are deemed to have received our Order Confirmation by electronic means, if properly addressed one hour after the confirmation was sent or supplied. In proving a confirmation was properly addressed it is sufficient to show that the notice was delivered to an address provided by you in your on line booking or via our telephone booking line.
- Vehicles: We reserve the right not to return a vehicle unless we can positively identify the owner or have authorisation from the owner to hand the vehicle over to a third party. We only accept bookings from cars and SUV’s.
- Force Majeure. We are not liable for delays in performance (including delivery or service) or for cancellation or for curtailment or otherwise caused by circumstances beyond our reasonable control. Examples include war or threat of war, riots, civil strife ,terrorist activity strikes, problems with suppliers or transport (technical or otherwise), industrial relations problems, exchange fluctuations, governmental or regulatory reaction ,fire, adverse weather conditions, closure or congestion of airports ,cancellation or changes to schedules by airlines ,natural/nuclear disasters or any other similar events beyond our control. Furthermore we cannot accept responsibility where the performance or prompt performance of this contract with you is prevented or affected as a result of such circumstances beyond our or your control.
- Entire Agreement. These terms expressly incorporate our Privacy Statement and the terms and conditions of use of the Site. Together, they all contain the entire understanding and agreement between the Supplier and the Customer relating to the supply of Services to the Customer through the Site.
- Severability If any of the provisions of these terms shall be declared invalid or unenforceable in whole or in part by any competent court or other authority whose decisions shall have the force of law biding on the parties, the remaining provisions shall remain in full force and effect.
- Governing Law. These terms shall be governed by Irish law and the exclusive jurisdiction of the courts of the Republic of Ireland and each confirmed booking as detailed in an order confirmation shall constitute a contract between you and us.
Version dated 27 April 2015.