TERMS AND CONDITIONS
700 Ke’eaumoku St, Honolulu, HI 96814
USE OF PARKING LOTS INVOLVES SIGNIFICANT RISK INCLUDING DAMAGE TO PROPERTY, PHYSICAL HARM, PERSONAL INJURY AND/OR DEATH TO USERS. ANY SUCH LOSS OR INJURY MAY BE CAUSED BY THIRD PARTY DRIVERS, PEDESTRIANS AND OTHER PERSONS, HAZARDS CREATED BY WEATHER, THE CONDITION OF THE PARKING LOT, THEFT, MALICIOUS DAMAGE OR MALFUNCTIONING EQUIPMENT. YOU ENTER THIS PARKING LOT AT YOUR OWN RISK.
In these Parking Lot Terms of Entry (“Terms”):
- Secure Parking Hawaii and references to we, us or our and similar expressions) means Secure Parking Hawaii LLC; and
- You means anyone entering this Parking Lot (Parking Lot)
By entering this Parking Lot, you accept that a contract is formed between Secure Parking Hawaii and you on the basis of these Terms (and no other).
- If you do not accept these Terms you and any vehicle in which you entered (“Vehicle”) must immediately leave the Parking Lot.
- You must comply with all rules and directions displayed within the Parking Lot and any directions given to you by our staff. A Vehicle may only be parked in an area marked “Reserved” if that area is reserved for that Vehicle or the Vehicle is otherwise authorized by us to park in that area.
- This Parking Lot may operate under a payment device system, e.g. a parking meter, parking app or any other prescribed method (“Payment Device”). If this Parking Lot operates under a Payment Device system, if you wish to keep the Vehicle in the Parking Lot beyond the free parking period, payment must be made in accordance with the rates displayed. You must enter such details into the Payment Device as required which may include your parked vehicle registration details. You may park for no greater than the permitted time displayed, and you must not allow the Vehicle to stay in the Parking Lot beyond that time.
- If you breach any of your obligations under these Terms you agree to pay us a default fee (“Breach Notice Fee”) for each breach. You agree that this amount is in the nature of liquidated damages and is not a penalty and that such amount represents a reasonable estimate of damages arising from your breach. You agree that any claim for such damages is sufficiently served by a notice being attached to the Vehicle’s window (“Breach Notice”).
- If you do not pay the Breach Notice Fee within the time prescribed in the Breach Notice, you will be subject to a late fee (“Late Fee”). If you pay by check and your check is returned unpaid, you will be subject to a returned check fee (“Returned Check Fee”). Other fees may also apply. Please visit www.secureparkinghi.com/sp1e for current fee amounts and more information about fees.
- If the total amount of Breach Notice Fees and Late Fees that you owe us exceeds $50, the Vehicle will be added to a list of vehicles that are not allowed to park in the Parking Lot, and you will not be allowed to park in the Parking Lot. If you attempt to park in the Parking Lot, the Vehicle will be subject to immediate towing, regardless of the length of your stay. If you reduce the amount that you owe us to below $50 and we confirm receipt of payment, the Vehicle will be allowed to park in the Parking Lot again.
- The Vehicle will also be subject to immediate towing if the Vehicle: (a) is parked in a no-parking zone, (b) is blocking another vehicle, or (c) obstructing any entry or exit.
- You agree that we limit our liability , at our option, to the re-supply of the services or the payment of the cost of having the services supplied again.
- If the Vehicle is towed, you may retrieve it after paying a towing fee (“Towing Fee”). The Towing Fee is separate from the Breach Notice Fee and the Late Notice Fee. Payment of the Towing Fee is NOT a payment for outstanding Breach Notice Fee(s) or Late Notice Fee(s). Please visit www.secureparkinghi.com/sp1e for our towing policy and details about where you may retrieve the Vehicle.
- Subject to any legal restrictions:
- We are not liable for any indirect, special, consequential or economic loss or damage whether or not arising from default or negligence by us or our employees or agents; and
- To the extent permitted by law, we exclude all terms, conditions, warranties, guarantees (either express or implied), and any liability that might apply to us in respect of these Terms or anything done under them.
- No employee, agent, or contractor of Secure Parking Hawaii has authority to accept any goods for safe custody and we will not be liable for any loss or damage to any vehicle or property alleged to have been left by you with us or any employee, agent or contractor, regardless of how that loss or damage is caused.
- You release us from all claims, actions, demands, expenses, causes of action, lawsuits, damages and liabilities, due to any loss, death, damage or personal injury occurring in the Parking Lot arising from or in any way related to your parking activities at the Parking Lot, provided that this release of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct by Secure Parking Hawaii or its employees, agents, or contractors. We are not liable for any vehicle loss, collision, fire, theft, accident, loss or damage to the vehicle, its contents or accessories, or to any personal property left with us, in the Vehicle or in the Parking Lot.
- If you are in breach of these Terms, we may hold the Vehicle and/or transfer the Vehicle to another location until everything you owe us in respect of this contract has been paid. You will be responsible for any damage to the Vehicle in relocation and/or securing the same. Breach Notice Fees and Late Fees will continue to accrue during the period that we retain the Vehicle until we recover all fees and costs. Nothing in this contract limits or excludes any common law or statutory lien or other rights we have over the Vehicle.
- We reserve the right for us and our contractors or agents to enter the Vehicle and to move it if we decide that it is reasonably necessary to do so in an emergency or for the safe or efficient operation of this Parking Lot. We may charge you a reasonable amount for moving the Vehicle if the need to move it arises: (a) because you breach these Terms or have caused obstruction; (b) we reasonably believe the Vehicle is abandoned; or (c) during the period of retention or sale for non-payment.
- You must pay for any damage caused by you or the Vehicle to this Parking Lot or cleaning any debris created or left by you including, but not limited to, oil or other substances which leak from the Vehicle.
- You must indemnify us in respect of all losses, costs (including reasonable legal costs) or expenses that we may suffer or incur in respect of: (a) a breach of these Terms by you; (b) the Vehicle; or (c) your use of this Parking Lot. In the case of paragraphs (b) and (c) your liability to indemnify is reduced to the extent that any relevant expense is caused by our negligence or default. This clause does not affect any rights and remedies that may be available by law which cannot be excluded or modified.
The use of the word “Secure” in our name and logo does not express or imply any warranty about the security of the Parking Lot.
Any Vehicle not complying with the Parking Lot Terms & Conditions will be issued with a Breach Notice
This site is patrolled by Parking Monitoring Hawaii on behalf of Secure Parking Hawaii LLC.
Fees
Breach Notice : $20.00
Late Fee: $10.00
Returned Check: $30.00
Online Payment Convenience Fee: $3.00
Towing: $160.00
Towing Policy
If the total amount of Breach Notice Fees and Late Fees that you owe us exceeds $50, the Vehicle will be added to a list of vehicles that are not allowed to park in the Parking Lot, and you will not be allowed to park in the Parking Lot. If you attempt to park in the Parking Lot, the Vehicle will be subject to immediate towing, regardless of the length of your stay. If you reduce the amount that you owe us to below $50 and we confirm receipt of payment, the Vehicle will be allowed to park in the Parking Lot again.
The Vehicle will also be subject to immediate towing if the Vehicle: (a) is parked in a no-parking zone, (b) is blocking another vehicle, or (c) obstructing any entry or exit.
You agree that we limit our liability , at our option, to the re-supply of the services or the payment of the cost of having the services supplied again.
If the Vehicle is towed, you may retrieve it after paying a towing fee (“Towing Fee”). The Towing Fee is separate from the Breach Notice Fee and the Late Notice Fee. Payment of the Towing Fee is NOT a payment for outstanding Breach Notice Fee(s) or Late Notice Fee(s).
If you are in breach of these Terms, we may hold the Vehicle and/or transfer the Vehicle to another location until everything you owe us in respect of this contract has been paid. You will be responsible for any damage to the Vehicle in relocation and/or securing the same. Breach Notice Fees and Late Fees will continue to accrue during the period that we retain the Vehicle until we recover all fees and costs. Nothing in this contract limits or excludes any common law or statutory lien or other rights we have over the Vehicle.
We reserve the right for us and our contractors or agents to enter the Vehicle and to move it if we decide that it is reasonably necessary to do so in an emergency or for the safe or efficient operation of this Parking Lot. We may charge you a reasonable amount for moving the Vehicle if the need to move it arises: (a) because you breach these Terms or have caused obstruction; (b) we reasonably believe the Vehicle is abandoned; or (c) during the period of retention or sale for non-payment.
All vehicles towed can be picked up at:
Mr. Tow
123 Puuhale Rd.
Honolulu, HI 96813
808-486-4665