By using AirGarage, you agree to the following:
- General Terms
a. This agreement ("Agreement") is between AirGarage (“Us” or “We”) and a user (“You”) of the AirGarage website (“Website”) about the services (“Services”) relating to the use of the Website.
i. A user may have an account (“Account”) created for them so that they can act as a buyer ("Buyer"), that is someone who has booked or intends to book a parking space ("Parking Space") or act as a Seller ("Seller"), that is, the owner or operator of the Parking Space which is to be listed or has been listed.
b. We may amend these terms from time to time. Any amendments or new terms and conditions will be provided to you. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our Website you will be deemed to have accepted the new terms.
d. We may assign, sub-contract our rights and obligations under this Agreement without your consent.
e. You agree that these terms are fair and reasonable in all circumstances. However, if any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
f. No delay on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement.
g. We may suspend or close your account at any time if you are in breach of any term of this Agreement or any term of a Booking Agreement. If we suspend or close your Account you will not be able to use our Services any longer and may not be able to access all areas of the Website.
i. We will not be held responsible if you fail to provide contact information and you do not receive a booking confirmation or other information from us that you may be expecting. If you become aware that you have supplied invalid contact information, please contact us immediately to correct the information we hold about you.
- Limitation of liability
a. AirGarage will not be liable for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any claim or demand against you by any other party. In no event will AirGarage be liable for any consequential, special, indirect, or exemplary damages whatsoever arising out i. of errors, mistakes, or inaccuracies on the Website or related services,
ii. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website or Services or any booking with a Seller to the fullest extent permissible by law,
iii. any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein iv. any interruption or cessation of transmission to or from the Website,
v. any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, or for any loss or damage of any kind incurred as a result of your use of the Website or Services, however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.
b. You acknowledge that the amounts payable under this Agreement are based in part on these limitations, and You further agree that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
c. No claim may be brought against us in relation to this Agreement more than 1 months following the Booking to which the claim relates.
d. We will not be liable to you in the event of a claim by a Buyer or Seller against you and, for the avoidance of doubt, we shall not be required to return any money received by us under this Agreement to either you or the Buyer or Seller in such circumstances.
e. We will not be liable to you for any loss or damage, in the event of a claim by a Buyer or Seller against you and, or your property, or anyone connected to you or your property.
- Parking Spaces
a. You agree that the Website is a platform for advertising Parking Spaces owned or controlled by Sellers and we have no responsibility for the Parking Space other than to provide the services under this Agreement which includes administering and confirming Bookings and collecting payment on behalf of the Seller.
b. While we endeavor to ensure that Parking Spaces listed on the Website are of a high quality we offer no guarantee as to the Parking Space's suitability for the Buyer’s requirements. Similarly, we rely on the Seller for details about a Parking Space given on the Website and whilst we use reasonable efforts to verify the accuracy of such information we offer no warranty in relation to these details.
c. A Buyer is only able to book a Parking Space advertised on the Website once agreed by the Seller. The listing for a Parking Space will indicate the availability, price and location of the Parking Space.
a. If you choose to use the Website, you do so at your own risk. You acknowledge and agree that AirGarage does not have an obligation to conduct background checks on any Seller or Buyer.
b. The Website or related services are provided "as is", without warranty of any kind, either express or implied, other than statutory warranties which cannot be excluded.
c. AirGarage makes no warranty that the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. AirGarage makes no warranty regarding the quality of the Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Website or related services.
d. No advice or information, whether oral or written, obtained from AirGarage or through the Website or related services will create any warranty not expressly made herein.
e. You are solely responsible for all of your communications and interactions with other users of the Website and with other persons with whom you interact as a result of your use of the Website, including, but not limited to, any Sellers.
f. You understand that AirGarage does not make any attempt to verify the statements of users of the Website or Services or to review or visit any Parking Spaces. AirGarage makes no representations or warranties as to the conduct of users of the Website or Services or their compatibility with any current or future users of the Website, or Services.
g. You agree to take reasonable precautions in all communications and interactions with other users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website, or Services, including, but not limited to, Sellers, particularly if you decide to meet in person.
h. We are not responsible for the location or condition of a Parking Space, its availability or the conduct of the Seller during the Booking Period. We act as agent for the Seller and by making a Booking the Buyer is entering an agreement with the Seller under which the Seller is bound to provide you with the Parking Space, subject always to the Booking Agreement below.
i. Unless stated otherwise in these Terms, once we have confirmed the Buyers Booking we have no further obligation to the Buyer in relation to the Parking Space, the Booking Period or Booking and all responsibility lies with the Seller.
j. We make great efforts to ensure that our Sellers offer a good service and provide their Parking Space in accordance with Buyer expectations but we accept no responsibility and will have no liability if the Parking Space or the services of the Seller generally do not meet the requirements of the Buyer or. The right of action or claim in such circumstances will be against the Seller but we may assist (at our discretion) in seeking to resolve a dispute between the Buyer and the Seller.
k. You grant us the right to communicate with you in any channel or method we choose, including but not limited to, email, phone, text message or any social media platform.
l. You agree to not attempt to contact a Seller or Buyer directly until a Booking has been confirmed or until given direction to do so by AirGarage.m. We act as the Seller's agent for the purposes of forming binding agreements between the Buyer and the Seller but have no liability to you in relation to the Parking Space or the Booking other than as set out in this agreement. We are not a real estate broker, agent or insurer. We have no control over the conduct of Buyers or Parking Space Sellers and disclaim all liability in this regard to the fullest extent permissible by law.
n. This website is not affiliated with, maintained, authorized, endorsed or sponsored by Airbnb, Inc. or any of its affiliates. This is an independent site run by AirGarage, Inc.
a. You agree that you will not create any false account with AirGarage or use your account with AirGarage for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering.
b. You agree to not accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access or attempting;
i. to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or to breach security or authentication measures without proper authorization;
ii. interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Website or Services, overloading, “flooding,” “spamming,” “mail bombing,” “hacking,” or “crashing;”
iii. using the Website or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
iv. forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or v. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by AirGarage in providing the Website or Services.
c. We may suspend your Account at any time should you be in breach of this Agreement. Furthermore, if you have not registered with us, we may suspend your access to the Website if we believe you to be in breach of this Agreement.
d. If we suspend your Account or access to the Website for any reason, we may refuse to provide you with any Services including the right to make any further Bookings or listings. If you attempt to circumvent this clause by attempting to create a new account, we reserve the right to terminate this Agreement and any existing Account you may have.
e. Upon termination, you will no longer be able to use our Services or make Bookings through us. If when we terminate this agreement you have any outstanding Bookings for which you have made pre-payment we may refund you accordingly. Any such refund is at our absolute discretion.
f. In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing Bookings or the consequences of any previous Booking (including terms relating to fees, disclaimers, liability and damage).
This Agreement sets out the terms and conditions on which the Seller agrees to permit the Buyer to use the Parking Space.
- This leasing agreement ("Agreement") is between the Buyer ("Buyer") who has booked a Parking Space through the AirGarage website (“Website”) and the owner or operator ("Seller") of the parking space ("Parking Space") which has been booked.
- This Agreement and any additional terms included in a Seller's listing are a contract between the Buyer and the Seller. AirGarage is not a party to this agreement.
- The Booking Process
a. This Agreement becomes binding on the Buyer and the Seller when the Seller accepts the terms of a Booking as communicated by AirGarage and when the Buyer requests a booking and payment is received by AirGarage.
b. Each party acknowledges that the Agreement contains the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other.
c. You may not incorporate any additional terms into the Booking Agreement other than the restrictions clearly included in your listing. You agree not to propose to the Buyer or Seller any additional terms or amendments to the Booking Agreement after a booking has been made without our consent. The Buyer is not obliged to accept any further terms once we have accepted a booking on your behalf.
- Buyer Rights and Obligations
a. The Buyer:
i. Subject to clause (iv) below, is entitled to permit another person to use the Parking Space under this Agreement, so long as only one vehicle occupies the Parking Space at any point in time.
ii. is responsible for ensuring that any person (an "Authorized Person") the Buyer allows to use a Parking Space complies with the terms of this Agreement. The Buyer is responsible for the conduct of any such Authorized Person.
iii. must only use the Parking Space at the times specified in this booking confirmation. If the Buyer uses the Parking Space at any earlier or later time, the Buyer will be liable to the Seller under the Booking Agreement and the Buyer’s vehicle may be towed or otherwise immobilized.
iv. must use the vehicle the details of which have been notified as part of the Booking. If the Buyer uses a different vehicle they may be unable to park. If the Buyer wishes to change the registered vehicle to be used for the Parking Space, the Buyer must contact AirGarage in advance of the booking so that AirGarage can confirm and notify the Seller.
v. During the Booking Period, if the Buyer has any concerns or queries about the Parking Space the Buyer must contact AirGarage immediately and AirGarage will direct the concern or query to the Seller if appropriate.
vi. At the start of the Booking Period, the Buyer must inspect the Parking Space and ensure the Parking Space meets the description on the Website. If the Buyer believes that the Parking Space does not reasonably match the description on the Website, they must contact AirGarage immediately, in which case we will provide the Buyer with the Seller contact details in order to resolve the concern or query. vii. Where possible, any dispute between the Buyer and the Seller relating to the Parking Space should be dealt with at the start of the Booking Period and without our involvement so that the Buyer may still fulfill the Booking. Where this does not prove possible, the Buyer agrees that AirGarage may mediate (at its discretion) and attempt to resolve the concern or query so that the booking can be fulfilled.
viii. must vacate the Parking Space and cease using the Parking Space by the end of the Booking Period. The exact departure time from the Parking Space will be as stated in the Booking Confirmation.
ix. acknowledges that the Parking Space is someone else's property and agrees not to access any other part of the property to which the Parking Space is attached, other than as reasonably required to directly access the Parking Space.
x. has primary responsibility for the Buyer’s safety and the safety of their vehicle during the Booking Period and agrees that the Seller is not responsible for ensuring the Buyer’s or an Authorized Person’s safety, or the safety of your vehicle.
- Seller Rights and Obligations
a. The Seller agrees to:
i. Provide the Parking Space in accordance with the details and information set out in your Website listing;
ii. Comply with all applicable laws and rules and regulations that may apply to the Parking Space, including but not limited to any relevant body corporate rules, zoning laws and laws governing rental of or licenses to use residential and other properties;
iii. Use best endeavors to settle any disputes that may arise during the Booking Period as soon as possible so that the Buyer may still fulfill their booking.
iv. Be advised of any enquiries about their Parking Space by any method possible including but not limited to email, text message or phone call.
v. agree to confirm with us as soon as possible whether or not the booking is accepted. You can accept a booking by signing into the Website and approving the relevant enquiry or by sending us an email, SMS or phone call or by agreeing at the time of listing to automatic accepting, in which we will automatically accept bookings for you instantly, always or if a booking meets certain criteria.
vi. Parking Space Owners have 48 hours to reply to a Parking Space enquiry before the offer is revoked. You acknowledge that during and after this 48-hour period, we may suggest other Parking Space options to the Buyer who has made the enquiry.
- Buyer and Seller Obligations
a. As a Buyer or a Seller:
i. You will be asked to create a password when registering. You are required to ensure that the password is kept confidential and not disclose it to any third party. If you do reveal your password to a third party and they then access the Website, they will be deemed to be acting as an agent for you. We will not be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password and is using your Account without authorization from you, please notify us immediately and we will suspend or close the Account at our discretion;
ii. You agree to not use the Parking Space or deal with other AirGarage members in any way which could be deemed to be harmful to the business or reputation of AirGarage or do anything which might adversely affect our relationship with a Seller or a Buyer;
iii. You agree to not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, licensee or business relation of AirGarage or any Buyer or Seller through any communication including written and oral communication made by yourself or a third party to transact outside of the Website;
iv. You agree to provide us with accurate information and ensure that all details that we hold about you (including, but not limited to, your email address) are up to date and valid;
v. You agree to not use the Website in any way which may detrimentally affect the reputation of AirGarage or the use and enjoyment of the Website or our Services by any other users or third parties;
vi. You agree to not use the Website in any way which may be construed as discrimination against other users, including but not limited to on the basis of race, sex, economic status, rental terms, religion, property type or condition;
vii. You agree that all accepted rentals are binding upon both the Seller and the Buyer unless sufficiently just cause is provided in writing to AirGarage such that AirGarage may deem cancellation in accordance with the Cancellation Policy is appropriate; examples of just cause may include but are not limited to death of a Buyer or Seller, safety concerns of either party, severe economic concerns, or regulatory matters;
- Mutual warranties:
a. Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.
- Buyer warranties:
a. The Buyer represents and warrants that the Buyer will:
i. keep the Parking Space clean, tidy and clear of debris and leave the Parking Space in the same or better condition than as they find it; ii. park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property;
iii. notify the Seller or AirGarage of any damage to the Parking Space during the Booking Period as soon as it occurs;
iv. not do or permit to be done on the Parking Space anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Seller or owner or occupier of neighboring property;
v. not conduct any illegal activity from the Parking Space;
vi. not conduct any business or commercial activity whatsoever from the Parking Space;
vii. not use the Parking Space for any purpose other than for parking;
viii. indemnify and hold harmless the Seller against all loss, liability, damages, costs and expenses arising from the Buyer's negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Seller; and
ix. act with courtesy towards the Seller; and
x. have at all material times a valid driving license and vehicle registration.
xi. The above warranties are given at the commencement of and on an on-going basis during the term of the agreement.
- Seller warranties:
a. The Seller represents and warrants that the Seller:
i. owns or is authorized to use the Parking Space and is authorized to allow third parties to use the Parking Space and, where necessary, has permission from their landlord, tenant or body corporate (or other persons who control any apartment or complex of which the Parking Space is a part) to do so. If the Seller does not have the necessary authority, the Seller agrees to indemnify and hold harmless AirGarage for any loss we may suffer as a result of breach of the representation and warranty above.
ii. has all necessary regulatory and planning approvals to grant a license to use the Parking Space and that the license to use the Parking Space will comply with all applicable laws, tax requirements and rules and regulations that may apply to the Parking Space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties.
a. Our standard policy is to collect a monthly payment owed by the Buyer for the Parking Space at the time the booking is made. We will collect full payment up front in the case of a short or medium-term booking (any booking of up to 1 month).
b. For long-term bookings (any booking of more than 1 month) we will request a payment from the Buyer up front for the first month, and then we will request payment for 1 months' worth of the booking, or the remaining booking time, whatever is less, 3 days in advance until termination of the Booking.
c. We are authorized by the Seller to accept payment from the Buyer on the Seller's behalf. If the Buyer has paid the full amount for the booking to AirGarage at the time the booking is made then no further payments are due to the Seller. The Seller accepts that payment of the fees for the Booking to AirGarage represents a full discharge of the Buyer's payment obligations for that booking.
d. As a Seller, you authorize AirGarage to accept and hold Buyer payments on your behalf. We will send the payment to you that we have received from the Buyer after the start of the Booking Agreement or after the start of the next payment period in the case of a long-term booking. We reserve the right to waive this escrow period.
e. AirGarage is entitled to process all transactions using your Account and is not required to check that you have authorized such transactions.
f. In order to register an account, you may be required to provide us with bank account, PayPal, credit or debit card details to enable us to make payments to you. We are also authorized in exceptional circumstances to use these details to deduct any payments you may owe to us or to a Buyer.
g. You are responsible for paying all fees and applicable taxes, general services taxes, incomes taxes, goods and services taxes and other similar State and Federal taxes or other withholding and personal or company incomes taxes ("Taxes") under this agreement in a timely manner.
h. If your payment is not received or fails we may collect monies owed using other collection mechanisms and we reserve the right to charge you for all additional fees and expenses we may incur (including legal fees and costs) in attempting to collect fees through commencing collection efforts, using the services of an external debt collection agency or issuing legal proceedings.
i. Once payment has been received we will send you the Confirmation Email which will include the Booking Period (which may be changed by agreement or termination as set out below) and contact information number for the Buyer
j. You agree that we may issue you with invoices and receipts in electronic format by email or other method.
- Cancellation and Booking Guarantee
a. All bookings are made subject to the cancellation policy as set out in this agreement and the Buyer and the Seller each agree to comply with the terms of the Cancellation Policy and authorize AirGarage to administer the Cancellation Policy, if necessary, by making refunds.
b. The Buyer must cancel their booking by contacting AirGarage via email and requesting a cancellation. Notice of cancellation will be deemed to be received at the point AirGarage receives a cancellation request for their booking. AirGarage is not responsible for any transmission failures.
c. If the Buyer fails to cancel the booking using the AirGarage cancellation procedure the Buyer will be liable for the full amount of the fees payable to the Seller and will not receive any refund whatsoever.
d. Furthermore, as a Buyer you agree that if a Seller wishes to cancel a Booking they may do so through us and our Website. If we are required to process a cancellation, we will do so in accordance with the Cancellation Policy. If you have paid a booking deposit and are required to make further payments to a Seller under the Cancellation Policy you authorize us to collect payment on behalf of the Seller using the credit or debit card details you have supplied. We also reserve the right to cancel your Account and terminate this agreement if you do not make payment within the timeframes specified in the Cancellation Policy.
e. For the avoidance of doubt, it is the Seller's responsibility to make any refund to which the Buyer may be entitled. However, if we are holding funds on behalf of the Seller we may (at our sole discretion) refund sums to the Buyer.
f. A full refund can be provided to the Buyer if the:
i. Parking space is unavailable on the date and time agreed
ii. Parking space address is incorrect
iii. Parking space description or listing details are substantially misleading
iv. Seller needs to cancel the booking and informs the Buyer before the start date
v. Refund request is received on the day of the booking start date and is approved after investigation.
vi. If a space is advertised as having a booking guarantee, AirGarage may provide the Buyer a full refund if the above criteria are met in AirGarage’s absolute discretion and judgement, though it is not obliged to do so.
g. Partial Refund
i. The Seller must inform AirGarage and the Buyer with seven days’ notice, if the Seller wants to cancel a booking, then a refund covering the remaining booking period will be provided to the Buyer.
ii. Example: If the Seller cancels a booking in week 2 of an agreed 4-week agreement, then the Buyer is owed a refund for the 2 weeks lost.
iii. The Buyer must inform AirGarage and the Seller, if the Buyer wants to cancel a booking
iv. If a Buyer wants to cancel a booking that has more than 4 weeks to run, then the Buyer will not be refunded amounts paid up to and through the current 4 week billing period. Future invoices for the remaining, upcoming 4 week periods of the rental will be cancelled, effectively refunding any outstanding balance for the Booking that would have been charged for future use of the Parking Space.
v. Example: If the Buyer cancels a booking in week 2 of a 14-week agreement, then they will not be refunded the payment they already made for the time period lasting through week 4 of the Booking. The Buyer will not be charged or will be refunded for the remaining 8 weeks.
h. No Refund
i. If the Buyer wants to cancel a Booking that has less than 1 month to run on the booking period, then the Buyer will receive no refund.
ii. Example: If the Buyer cancels a Booking in week 2 of an agreed 3-week agreement, then the Buyer will receive no refund.
iii. If the Buyer does not use the Parking Space or make suitable attempts to find it and contact the owner, then the Buyer will receive no refund.
- Complaints and Disputes
a. The Buyer and Seller agree that in the event of a dispute in relation to this Agreement, you will attempt to resolve it in the first instance by directly communicating with the other party with the contact details given to you by AirGarage.
b. In the event that a dispute cannot be resolved with the Buyer or Seller directly, either the Buyer or Seller may refer the dispute to AirGarage. AirGarage is not obliged to take any steps in relation to the dispute but may, at its discretion, investigate the matter and take any action as deemed appropriate.
a. You agree that we shall not be liable to you in any way whatsoever if you suffer any loss as a result of any governmental authority or any other relevant public authority bringing proceedings against you or taking any other action against you as a result of listing the Parking Space on the Website.
a. The Buyer and Seller agree not to disclose any confidential information of each other. For the purposes of this agreement, confidential information includes information of a confidential nature which is obtained during the course of their contractual relationship or as a result of the use of the Parking Space and which is not publicly available information