All users of the parking facility, connecting roads and areas whether accessing by ticket, subscription or otherwise, as well as users of any access equipment, systems, website or applications managed or operated by Makani Parking are subject to these Terms and Conditions.
Access to the parking facility or use of any equipment, systems, website or applications is an acceptance of these Terms and Conditions which the user and its representee agrees to comply without reserve to all terms, conditions, rules, regulations, signage, instructions and charges applied at the parking facility, its connecting roads and areas (including website, systems and applications) which may vary from location to location and be modified from time to time.
In the event an applicant is representing a group of individuals, representees or user, each user and the applicant shall be responsible to ensure compliance with the proper use of the parking facility, systems and applications. Makani Parking retains the right to update and amend at its sole discretion the rules, regulations, terms and conditions from time to time and at any time in the future and without prior notice.
GENERAL RULES AND REGULATIONS
1. Parking rules and regulations apply during use of the parking facility, connecting roads and areas in addition to the rules and regulation established by the relevant authorities and traffic police.
2. Makani Parking and management is not responsible for any loss, theft or damage to any vehicles and/or valuables left within the parking facility.
3. Unauthorized activities including commerce, business activity, advertisement or distribution of any items whether in exchange of money or not is strictly prohibited in and around the parking facility and is subject to confiscation and heavy penalties.
4. Parking users and visitors shall not misuse the parking facility and assets within and shall cooperate and follow all instructions of Makani Parking staff.
5. Parking users and visitors shall refrain from littering and shall dispose of their unwanted items in the appropriate and designated containers and areas.
6. Parking users and visitors shall not vandalize, damage or cause damage to any of the parking facility, areas, assets, systems, equipment or vehicles therein.
7. Any parking user or visitor who so perceives a dangerous situation shall immediately notify one of the Makani Parking staff.
8. Parking users and visitors shall not abuse any of Makani Parking’s employees, verbally or otherwise, at any time.
9. Smoking is not permitted within the parking facility and surrounding areas unless a designated area is assigned and clearly labeled.
10. Carrying and/or disposal of any flammable, dangerous or prohibited items is strictly prohibited.
11. Parking users shall report any accidents or damage caused in or around the parking facility immediately.
12. Makani Parking, management and location owners are not responsible to any loss or damage to personal property.
13. Assets, signage and street furniture shall not be removed, moved or relocated at any time unless for purpose of safety.
14. Lost items that are found shall remain valid for reclaim for a period of 30 days, after which the item may be disposed of.
15. Vehicles that are in violation or appear to be abandoned or pose a safety or security risk may be towed, relocated or eligible to other procedures.
16. Makani Parking reserves the right to vacate any parking user off the premises and terminate any ticket or subscription without warning or refund if the user is in violation of any terms and conditions.
PARKING SUBSCRIPTIONS AND PERMIT
17. The applicant and user(s) acknowledge that the information provided in the application is true, accurate, correct and valid and that such information will be immediately updated when changed, including the provision of renewal documentation and/or security clearance for such parking locations that may so require.
18. Parking permits will be issued to each subscriber based on the plan selected. The parking permits will only be issued or valid upon payment of dues by the subscriber or applicant. Users must always have a means of identification or subscription verification with them while using the parking facilities.
19. Subscribers will only be granted access to the locations or parking zones subscribed to based on availability.
20. Makani Parking reserves the right to close various parking locations and zones based on its needs as well as relocate subscribers and users to other parking locations and zones.
21. Parking subscriptions and permits may be issued in various forms, including physical and/or digital.
22. Subscribers must carry the parking permits with them during their stay in the parking facility.
23. Parking permits are non-transferable and may not be used by any other person or vehicle other than to whom it is issued.
24. Parking permit and/or ticket must be presented at the entrance, exit and point of sale for all transactions.
25. In the event of lost, theft or damage of a physical parking permit, subscribers must immediately notify Makani Parking and a replacement fee will be applicable.
26. Some locations require third party permission and/or security clearance to access. Applicants and users must ensure having such permission prior to submitting an application or requesting a subscription.
27. All parking permits, subscriptions and subscription cards remain the property of Makani Parking and are for the sole use of the registered user.
28. Makani Parking retains the right to revoke any parking permits, ticket or subscription for any reason including users found to be in breach of the law and violation of any government regulations.
PAYMENT OF DUES AND CHARGES
29. The applicant, company, representee and/or parking user are obligated to pay all dues applicable including any violations.
30. Subscription fees are paid in advance in accordance with the subscription plan registered.
31. Ticket and subscription charges may vary from time to time and from location to location.
32. Changes to any subscription fees will not be applicable to already purchased subscriptions.
33. All parking permits, tickets and subscriptions are non-refundable.
34. Charges are displayed prior to purchase of subscription in the applicable means of purchase whether through the portal, website or on site.
35. Users who have lost a ticket shall be subject to be charged a lost ticket charge.
36. Subscribers who have lost a subscription card or requires a replacement card is subject to a card replacement fee.
37. Any violators in the parking facility will be obliged to pay any dues prior to being granted access to leave.
38. Makani Parking retains the right to refuse access to any user who has previously violated.
39. Promotions and discounts may be offered by Makani Parking from time to time.
40. Such promotions and discounts are not applicable to active subscriptions unless such promotions or discounts clearly stipulate such effect.
41. Makani Parking retain the right to hold, amend or cancel any promotions, offers and discounts at any time.
SYSTEMS, WEBSITE AND APPLICATIONS
42. Users of the websites, systems or applications may only use such platform for its intended use and may not misuse or alter the software, platform or its contents in any way nor lease or sublease to any third parties.
43. Makani Parking may employ the use of cookies, geolocation and other similar functionality on its websites, systems or applications in order to provide better service to its users.
44. The websites, systems and applications, including its content, information and design, may not, in whole or in part be used in any way for commerce or marketing without the explicit permission of Makani Parking.
45. The websites, systems and applications may contain hyperlinks that lead to a third party site, platform or systems. Makani Parking shall not be held responsible or liable for any claims in relation to the legality, accuracy, functionality or otherwise.
46. All material and access to the website, system or application is at the users own risk. Makani Parking accepts no liability for any damages, virus or malware or any other illegal intrusion or intervention.
47. Makani Parking retains the right to interrupt or discontinue any or all of the functionality of its websites, systems and applications without prior notice and without any obligations or liability to the users or subscribers.
48. Makani Parking nor any of its affiliates or suppliers shall be held liable for any direct or indirect consequential, any damage to reputation, costs, losses, decrease in revenue, profits or liabilities of any nature arising from the users access to or use, or the inability to use the websites, systems and applications.
49. Any information, material or data communicated to Makani Parking shall be deemed non-confidential and non-proprietary.
MISCELLANEOUS
50. Headings of sections herein are for reference and convenience purposes only and shall not affect the meaning or interpretation of the text.
51. In the event Makani Parking tolerates a violation by a user of its obligations, or does not enforce its rights, it shall not be construed as a waiver to invoke or enforce its rights.
52. If any clause or part of a clause is determined to be invalid or unenforceable pursuant to the applicable law, the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the other clauses shall remain with full effect.
53. These terms and conditions are governed by the laws of the Kingdom of Saudi Arabia. Any dispute arising out of or in relation to it shall be settled by the competent jurisdiction in the city of Jeddah.
Makani Parking can be reached at www.makaniparking.com