TERMS & CONDITIONS
The following are the Terms and Conditions (“Terms”) of a legal agreement between you and PCA Park-N-Fly, LLC and Parking Company of America, Inc., together with their respective parents, subsidiaries, and affiliates (collectively, “PCA Park-N-Fly,” “we,” “us” or “our”). These Terms apply to the website located at www.park-n-fly.com and any other websites operated by us that may link to these Terms (the “Website”), any of our mobile apps that link to these Terms (the “App”), as well as use of PCA Park-N-Fly’s parking reservation, off-airport and airport parking, valet, shuttle and ground transportation, and other parking and vehicle-related services offered through the Website and App (the “Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Website or App shall be subject to these Terms. We reserve the right to provide you with operating rules or additional terms that may govern your use of the Website, App or Services generally, unique parts of the Website, App or Services, or both, including Reservation Terms and Conditions and any loyalty or rewards program terms (“Additional Terms”). Any Additional Terms that we provide to you are hereby incorporated by reference into these Terms. Unless otherwise specified, to the extent any Additional Terms conflict with these Terms, the Additional Terms will control. By accessing, downloading and/or using the Website or App, you acknowledge that you have read, understood and agree to be bound by these Terms, including, without limitation, all rules posted on-site at our facilities, all terms printed on your parking tickets, and any other separate or service-specific terms and conditions that will be disclosed to you at the time you register for an account, at the time you purchase or use a parking space, or conduct a service-specific transaction, and you agree to comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE, APP OR SERVICES AND DO NOT CLICK THE CHECKBOX TO ACCEPT THESE TERMS WHEN MAKING A RESERVATION. PCA Park-N-Fly reserves the right to change these Terms at any time without notice.
The material provided on the Website and App is protected by law, including but not limited to United States copyright and trademark law and international treaties. The Website and App are controlled and operated by PCA Park-N-Fly from servers located within the United States. PCA Park-N-Fly makes no representation that the Website or its content, the App or its content, or the Services are appropriate or available for use in locations other than the United States, and access to them from territories where their contents are illegal or otherwise regulated is prohibited. If you choose to access the Website or App from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with all applicable local laws. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website or App is void where prohibited.
1. Changes to Website, App and Terms
We may update these Terms from time to time, and we may amend them at any time to incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the Website and/or App. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Website and/or App. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE WEBSITE AND APP TO OBTAIN TIMELY NOTICE OF ANY SUCH UPDATES AND AMENDMENTS. IF YOU DO NOT AGREE TO THE UPDATED TERMS, YOU MUST IMMEDIATELY STOP USING THE WEBSITE AND APP. YOUR CONTINUED USE OF THE WEBSITE OR APP SIGNIFIES YOUR AGREEMENT TO BE BOUND BY THE UPDATED TERMS. PCA Park-N-Fly expressly reserves the right to make any changes to the Terms, to the Website and its content, or the App and its content, at any time, without prior notice to you. Such changes, updates, or amendments shall not serve to constitute a default or termination by PCA Park-N-Fly of these Terms.
2. Privacy Policy and Special Consent to Data Collection
Our Services may use third-party identity and advertising technologies to personalize content and advertising. In addition to these Terms, we have established a Privacy Policy to explain how we collect, use, disclose and secure personal information collected from or about you through our Website and App. A copy of this Privacy Policy can be found at https://www.park-n-fly.com/privacy-policy and is incorporated by reference into these Terms. By accessing, using or downloading the Website or App, you are also signifying your acknowledgement and agreement to that Privacy Policy.
By activating our App, clicking on the link to this Website, or being actively redirected to this Website or Services via any of our digital partners, you acknowledge and expressly consent to our use and our digital partners’ use of standard internet data collection, processing and marketing practices that include the use of any number of tools, including, without limitation, analytic data collection technologies, chatbots, session replay technologies, identity graphing, web beacons, pixel-based technologies, and other similar technologies to collect information about your use of the Services. Your acceptance and consent to our and our digital partners’ and service providers’ use of such technology includes your ratification of our use of such technologies in the processes related to loading and executing code within your access device or web browser. This information includes, but is not limited to: (i) information about your computer, devices and Internet connection when you use the Website and App (such as your device type, browser type, IP address, a mobile identifier associated with a mobile device (such as Apple IDFA and Android Ad ID), and the area of the country where you are located (but not your precise geographic location)); (ii) certain information about your activities while using our Website and App (such as your referring website, click stream data, the search terms you use, your movement within and interaction with the Website and App, the pages and features you access, use or visit on the Website, the links and ads that you click, and the length of time you spend using the Website and App); and (iii) other information collected by cookies, pixels, web beacons, scripts, and other tracking technologies. With your consent and acknowledgment you expressly agree to waive any and all claims against us or our digital partners under state eavesdropping, wiretapping, or pen register and/or trap and trace laws, or any similar laws related to pen register and/or trap and trace devices or processes to the extent such claims arise from our digital operations. Notwithstanding your ratification of the initial use of our data collection technologies, if you cannot accept these terms, or if you wish to withdraw your consent, you may not use our Website, App, or Services, and in either case your continued use of the Services revives your consent.
3. Eligibility
Your right to use the Website, App and Services is contingent upon your compliance with these Terms, including any relevant Additional Terms. The Website, App and Services are made available to users 18 years of age or older. If you are under 18 years old, do not use, access or download the Website, App or Services.
4. Registration and Account Security
The Website and App may contain features that require registration (“Restricted Areas”). You are not required to register to use the Website, App or Services, but may not be able to access some content or use certain Services without registration. If you register for an account (“Account”), you agree to provide accurate, current and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your Account login credentials and for all activity that occurs under your Account, and you agree to notify us promptly at privacy@park-n-fly.com of any unauthorized use of your Account.
You acknowledge, consent and agree that PCA Park-N-Fly may access, preserve and disclose your Account and user information as set forth in our Privacy Policy, including without limitation if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms; (c) to respond to claims that any content violates the rights of third parties; (d) to respond to your requests for customer service; (e) to protect the rights, property, or personal safety of PCA Park-N-Fly, its users and/or the public; or (f) to investigate actual or alleged claims against us or our users.
5. Parking Services
(a) Reservations. You may make a reservation on the Website or App to self-park at the PCA Park-N-Fly parking facility which you designate when making such reservation (the “Facility”), or to bring your vehicle to a Facility to valet park your vehicle in the location selected by PCA Park-N-Fly at the Facility or at a Storage Location (defined below). Reservations are subject to the Reservation Fee indicated on the Website or App (“Reservation Fee”). Reservations made on a “Pay Now” or “Pay Later” basis are subject to the Additional Terms and Reservation Policy available at https://www.park-n-fly.com/reservation-policy. In consideration of your payment to PCA Park-N-Fly of the Reservation Fee in the amount indicated on the Website or App, PCA Park-N-Fly agrees to make available to you one (1) vehicle parking space at the Facility, or, if you valet park your vehicle, one (1) vehicle parking space selected by PCA Park-N-Fly at the Facility or at an off-site location (“Storage Location”) to which your vehicle may be moved for storage and from which your vehicle will be moved back to the Facility upon or before your return to the Facility (as applicable, a “Vehicle Parking Space”), commencing at the Check-In Date/Time which you designated on the Website or App when making such reservation (the “Designated Check-In Time”), on the terms and conditions provided herein and/or in the Additional Terms (where applicable), but only if you arrive at the Facility at the Designated Check-In Time. We do not guarantee that a particular parking space, product type or service level will be available. You acknowledge that the Reservation Fee constitutes consideration for the right to make such reservation only, and shall not be credited toward the fee which is payable for the use of a Vehicle Parking Space, or any other applicable fees or charges associated with the parking of a vehicle in a Vehicle Parking Space.
(b) Payment of Reservation Fee. As full and complete payment of the Reservation Fee, you hereby authorize and direct PCA Park-N-Fly to process a charge in the amount of the Reservation Fee to the credit card in your name which you designated on the Website or App when making the associated reservation, and you hereby represent to PCA Park-N-Fly that you are authorized to use such credit card for such purpose. The Reservation Fee is non-refundable except in accordance with the cancellation policy set forth in Paragraph 5(c) below or the issuance of a Guarantee Policy Pass, as set forth in Paragraph 5(f) below.
(c) Cancellation Policy. You may cancel your parking reservation by following the procedures described on the Website or App for the cancellation of a reservation, provided that such cancellation is received by PCA Park-N-Fly by means of the Website or App prior to the Designated Check-In Time. In the event of any such timely cancellation of a reservation, the Reservation Policy available at https://www.park-n-fly.com/reservation-policy shall apply.
(d) Grant of License. Upon your arrival and check-in at the Facility at the Designated Check-In Time, you shall be deemed to have been granted a license to self-park and lock one (1) vehicle in the applicable designated area of the Facility, or, if you valet park your vehicle, in the location selected by PCA Park-N-Fly at the Facility or at a Storage Location to which your vehicle may be moved for storage and from which your vehicle will be moved back to the Facility upon or before your return to the Facility, at your sole risk and at posted rates for a period, not to exceed thirty (30) days, commencing upon your arrival at the Facility (the “Actual Check-In Time”).
Only a license is granted hereby, and to the fullest extent permissible under applicable law, you acknowledge and agree that (i) no lease, bailment or bailee custody is intended or shall be created, (ii) PCA Park-N-Fly does not become an insurer, (iii) PCA Park-N-Fly does not guard or assume care, custody or control of your vehicle or its contents, (iv) PCA Park-N-Fly shall not be liable for (A) fire, theft, loss or damage to the vehicle, (B) mechanical malfunction, (C) fire, theft, loss or damage to any personal property or article left in the vehicle, (D) damage or loss caused by criminal acts by third parties, or (E) incidental or consequential damages, and (v) you assume full responsibility for any personal injuries that may occur while the vehicle is parked at the Facility or Storage Location. You further acknowledge and agree that if your vehicle is left at the Facility or Storage Location for more than thirty (30) days after the Actual Check-In Time (or longer than thirty (30) days as the Facility Manager may authorize), then such vehicle and its contents may be impounded at your expense and sold for expenses and storage fees in accordance with applicable law. No employee or other representative of PCA Park-N-Fly may modify or waive any of the terms of these Terms (other than the Facility Manager’s limited right to permit vehicles to remain over thirty (30) days).
(e) Payment of Parking Fees. You agree that, in consideration of the license granted in Paragraph 5(d) above, you shall pay PCA Park-N-Fly a parking fee calculated by reference to the parking rates posted at the Facility at the Actual Check-In Time.
(f) Guarantee Policy Pass. In the unlikely event that you have a reservation and arrive at the Facility at the Designated Check-In Time and no Vehicle Parking Space is then available for your use, please notify PCA Park-N-Fly within thirty (30) days following the Designated Check-In Time and include your reservation number. Further, if you have a reservation for a Facility and we are unable to accommodate you on your reserved day(s) at any service level, we will give you a pass for one (1) free stay of up to seven (7) consecutive days (“Guarantee Policy Pass”). To request a Guarantee Policy Pass, you must contact us by email at privacy@park-n-fly.com. We may in our sole discretion request that you provide certain information and documentation to verify your eligibility for such a Guarantee Policy Pass.
6. Customer Surveys After Transactions
PCA Park-N-Fly may, in its discretion from time to time, and subject to your permission to receive marketing emails, send or cause to be sent to you a customer satisfaction survey after you transact with PCA Park-N-Fly. You may also submit a customer satisfaction survey to us on your own volition. Any information provided by you in that customer satisfaction survey shall be subject to the specific terms, conditions and privacy policy set forth therein and may be used by PCA Park-N-Fly for reasonable business purposes. By completing and submitting a survey, you agree to accept these Terms.
7. User Restrictions
You may access, download and use the Website and App only for your personal, non-commercial use. Any other access to or use of the Website or App constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. The copyrights in all materials provided on the Website and App are held by PCA Park-N-Fly or by the original creator of such materials. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit or otherwise exploit the Website or App or any of their respective content, including any text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, or interactive features (collectively, the “Website and App Content”), for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained on the Website, App or any Website and App Content. Permission is granted to you to display, copy, distribute and download the Website and App Content for personal, non-commercial use only, provided that you do not modify the Website and App Content and that you retain all copyright and other proprietary notices contained in the Website and App Content. This permission terminates automatically if you breach any of these Terms. Upon termination of this permission, you must immediately destroy any downloaded and printed Website and App Content. You also may not, without PCA Park-N-Fly’s permission, “mirror” any Website and App Content. Any unauthorized use of any Website and App Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You also acknowledge that you do not acquire any ownership rights by downloading or printing any Website and App Content.
Furthermore, you may not:
• circumvent, disable or otherwise interfere with security-related features of the Website or App, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or App;
• use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website, App or any Website and App Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy content from the Website and App for the sole purpose of creating (and only to the extent necessary to create) a searchable index of content on the Website and App that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
• forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
• collect or harvest any personally identifiable information from the Website or App including, without limitation, user names, passwords, or email addresses;
• solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
• attempt to or interfere with the proper working of the Website or App, or impair, overburden, or disable the same;
• decompile, reverse engineer, or disassemble any portion of the Website or App;
• use network-monitoring software to determine architecture of or extract usage data from the Website or App;
• encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
• affect us
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