Online Booking System (“OBS”) Terms and Conditions for Online Bookings

1 Introduction

1.1 These terms and conditions (“Terms”) apply to all online bookings for services made via www.tampaairport.com and/or all URLs operated by Hillsborough County Aviation Authority (“HCAA”) (together referred to as the “Website”). Each customer is assumed to have read carefully and understood these Terms.

1.2 The Website is owned by HCAA, an independent special district authorized to operate the Website and provide public parking concessions for a fee via the HCAA Enabling Act, as amended.

1.3 In these Terms, references to “the Airport” are references to Tampa International Airport including all of its parking products. References to "You" and/or "Your" refer to any person who makes an online booking for services via the Website and “We” and “Us” refers to HCAA, as described above. Any resulting contract for car parking, valet parking, ancillary products and/or other services that may be offered is made between You and the Airport.

1.4 All prices shown are in U.S. dollars and include applicable sales tax.

1.5 Bookings cannot be made on the same day as planned entry.

2 Car Parking

2.1 When You book parking via the Website You will be sent a QR Code and Booking Confirmation Number via email. It is Your responsibility to provide a valid email address. HCAA will not be held responsible for non-delivery of the QR Code and/or Booking Confirmation Number due to transmission failure or the supplying of an incorrect email address.

2.2 Your booking is non-transferable, both between individuals and between parking products.

2.3 Your booking will be valid only for the times, dates, price, parking products, terminal and Airport specified in Your booking.

2.4 In addition to HCAA Rules and Regulations, Policies, Standard Procedures and/or Operating Directives, as well as posted terms and conditions upon entrance into the Airport when You park pursuant to an online booking, You agree to the following:

a. Parking products are priced per 24 hour period or part thereof. Prices are subject to change. Quotes are valid at the time of booking only. The number of “days” (24 hour periods) charged for when You book online is calculated based on the time period(s) You select when making Your online booking. If Your actual entry and exit time change from that specified in Your online booking, and as a result Your actual time in the parking product exceeds the time period You booked , You will be liable for any additional charges upon exiting the parking product. Any additional charges must be paid before You leave the parking product. Please note that this applies regardless of the reason, unless Your delayed return is caused by the negligence of HCAA.

b. Upon entering the parking product, You must follow any instructions You have been issued with Your confirmation email. While booking online guarantees You a parking space, it does not guarantee you a specific parking space.

c. If You are issued a parking ticket upon entry to the parking product, please retain this in a safe place as You may need it to exit. Upon Your exit, please press the “Help” button on the ticket machine.

d. When You have parked Your vehicle, it is Your responsibility to lock and fully secure Your vehicle.

HCAA will not be held responsible for any loss or damage whatsoever occurring to Your vehicle or any possessions within Your vehicle resulting from Your use of the parking products at the Airport.

a. You must comply with all directional signage and other instructions when in the parking product and only park in marked spaces.

b. While in the parking product, HCAA will not accept liability for:

I. Any damage to Your vehicle (whether caused accidentally or by way of vandalism);

II. Theft of or from Your vehicle, unless such damage or theft is caused by the negligence of HCAA or its employees, and then only to the extent such negligence caused or contributed to the subject damage or theft;

c. Any damage to or theft from Your vehicle that occurs during Your stay in a parking product on the Airport must be reported to the parking operator before exiting the parking product. Failure to do so will cause any resulting claim to be considered waived.

2.5 The following terms apply for use of any transfer services such as buses, SkyConnect, and people movers (“transfer services”) while on the Airport:

a. Please be aware that You need to leave an appropriate amount of time to reach the terminal building from the parking product if using the transfer services. Guides to the estimated transfer time (in normal traffic conditions) and the frequency of such services are set out on the Website but in addition, You should ensure that You factor in time to find a space, get Your luggage out of the car, lock the car, and walk to the relevant transfer service. The Airport does not accept responsibility if You miss Your flight, or Your airline check-in has closed because You have not left enough time to get to the parking product and then from the parking product to the terminal.

b. Please ensure that You remember to take all Your luggage off the transfer service when You arrive at Your terminal. The Airport does not accept responsibility if You miss Your flight or Your airline check-in has closed because You have to recover luggage which You have left on the transfer service.

c. The Airport does not accept liability for increased duration of transfer times from parking product to the terminal building caused by exceptional volumes of traffic, construction activities or service outages.

3 Valet Parking

3.1 All prices shown are in U.S. dollars and include sales tax at the prevailing rate.

3.2 When at the Valet Parking reception area, You must drive carefully and responsibly. You must also ensure that any children and service animals are properly supervised and are at all times accompanied when they are at the reception area. Please take care and be aware of all vehicles in motion within and around the reception area.

3.3 When You have parked Your vehicle at the reception area, it is Your responsibility to:

a. Lock Your vehicle securely (but leave the keys with the valet parking operator);

b. Not leave any animal or person within Your vehicle;

c. Leave only the keys required to move the vehicle;

d. Ensure that Your possessions are placed in a locked trunk and are not on display. The Airport cannot be held responsible for any loss or damage whatsoever occurring to Your vehicle or possessions within it;

e. Before leaving a vehicle and surrendering car keys, ensure Your vehicle is properly secured, is in a roadworthy condition, and the registration period is valid for the duration of the stay.

3.4 You must comply with all directional signage and other instructions when in the reception area and parking garage, and only park in marked spaces unless directed otherwise by the valet parking operator.

3.5 You should provide at least 24 hour notice of Your intent to return early to the parking garage.

3.6 The Airport does not accept liability for damage to Your vehicle (whether caused accidentally or by way of vandalism) while the vehicle is in the parking garage or valet area, reception area and/or on-site. Should a vehicle suffer damage while in one of these areas, such damage must be reported to the valet parking operator so evidence can be noted and an incident report form completed before You exit the Airport.

3.7 The Airport does not accept liability for theft of or from Your vehicle unless You have entrusted the keys of the car to the valet parking operator and then only provided that the keys have been used in order to carry out the theft and the Airport can prove that theft took place.

4 Ancillary products

4.1 All prices shown are in U.S. dollars and include sales tax at the prevailing rate.

4.2 Your booking is non-transferable, both between individuals and as to different Airport products.

4.3 Detailing services must be booked at least 72 hours before arrival.

5 Rewards Program

5.1 Rewards program for frequent parking is determined solely by HCAA and is subject to change or cancellation at any time by HCAA. By creating an account, You are agreeing to receive offers and promotions from the Airport.

6 Cancellations or Changes to Online Bookings

6.1 Should You wish to cancel all or part of Your online booking and receive a full refund You may do so by canceling via the Website up to 24 hours in advance of Your date/time of booked entry into the parking product. Cancel via the Website, by clicking on the "Manage my booking" section. In extenuating circumstances, the 24 hours notice period for cancellation may be waived at HCAA's sole discretion.

6.2 Failure to give the required advance notice will only entitle You to a refund of 50% (excluding any non-refundable items). In extenuating circumstances, the 24 hours notice period for cancellation may be waived at HCAA's sole discretion.

6.3 Should You wish to make changes to Your online booking, You may do so by modifying up to 24 hours in advance of Your date/time of booked entry into the parking product via the Website by clicking on the "Manage my booking" section. In extenuating circumstances, the 24 hours notice period for modification may be waived at HCAA's sole discretion.

6.4 No refunds will be allowed after the parking product date/time of entry for Your online booking unless at the sole discretion of HCAA. In the event You arrive at the parking product before Your airline's boarding time and before being notified of Your flight cancellation You may be considered for a refund if You submit at least Your flight cancelation notice and proof of entry and exit of the parking product.

6.5 Refunds will be made to the credit/debit card used for the reservation.

6.6 If HCAA cancels Your booking for a safety or operational reason, HCAA will refund the amount received from Your pre-booking on the credit or debit card used for the reservation.

6.7 HCAA reserves the right to levy non-refundable surcharges for payment by debit or credit card, as well as other transaction fees. Such charges will be identified to You before any online booking is confirmed. Any subsequent changes to Your online booking where an additional payment is required may also be subject to such additional fees.

7 HCAA

7.1 HCAA does not accept liability for any failure to perform its obligations hereunder due to an event beyond its reasonable control, such as, but not limited to, war or threat of war, riots, civil strife, terrorist threats or activity, industrial disputes, natural and nuclear disaster, fire, adverse weather conditions, government regulations, closure or congestion of airports, and/or cancellation or changes of schedules by airlines.

7.2 HCAA does not accept liability for: (a) Any indirect or consequential loss; or (b) Any loss of profit, loss of enjoyment, loss of revenue, loss of data, or loss of earnings.

8 General

8.1 Any contract made between You and HCAA via the Website is governed by the applicable laws of the United States of America and the State of Florida.

8.2 Venue for any action brought pursuant to these Terms will be in the County or Circuit Court in Hillsborough County, Florida, or in the Tampa Division of the U.S. District Court for the Middle District of Florida.

8.3 HCAA reserves the right to change these Terms at any time. Once an online booking has been made, the Terms in existence at the time of such online booking will govern the subsequent transaction. You should always read the Terms before completing an online booking.

8.4 HCAA reserves the right to refuse admission of any vehicle to the parking garage for any reason whatsoever and may remove from the parking product or move within the parking product any vehicle by whatever method considered reasonable and for any reason whatsoever.

8.5 These Terms constitute the entire agreement between You and HCAA with respect to online bookings for any and all offered services.

8.6 Should You need to contact the parking operator please do so by telephone at (813)-870-8791.

9 Data Protection and Privacy

9.1 Any personal information You supply to HCAA when You use the Website will be used in accordance with our existing laws and regulations, as well as HCAA policy.

10 Headings

10.1 The headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provisions of these Terms. If for any reason there is a conflict between content and headings, the content will control.

11 Contract Made in Florida

11.1 These Terms have been made in and shall be construed in accordance with the laws of the State of Florida. All duties, obligations and liabilities of HCAA and You related to these Terms are expressly set forth herein.

12 Complete Contract

12.1 These Terms represent the complete understanding between HCAA and You, and any prior agreements or representations, whether written or verbal, are hereby superseded.

13 Indemnification

A. To the maximum extent permitted by Florida law, in addition to Your obligation to provide, pay for and maintain insurance as set forth elsewhere in this Term, You will indemnify and hold harmless Authority, its members, officers, agents, employees, and volunteers from any and all liabilities, suits, claims, procedures, liens, expenses, losses, costs, fines and damages (including but not limited to claims for attorney's fees and court costs) caused in whole or in part by the:

1. Presence on, use or occupancy of Authority property;

2. Acts, omissions, negligence (including professional negligence and malpractice), errors, recklessness, intentional wrongful conduct, activities, or operations;

3. Any breach of the terms of this Term;

4. Performance, non-performance or purported performance of this Term;

5. Violation of any law, regulation, rule, Advisory Circular, or ordinance;

6. Infringement of any patent, copyright, trademark, trade dress or trade secret rights; and/or

7. Contamination of the soil, groundwater, surface water, storm water, air or the environment by fuel, gas, chemicals or any other substance deemed by the Environmental Protection Agency or other regulatory agency to be an environmental contaminant; by You or Your officers, employees, agents, volunteers, subcontractors, invitees, or any other person whether the liability, suit, claim, lien, expense, loss, cost, fine or damages is caused in part by an indemnified party. This indemnity obligation expressly applies, and shall be construed to include, any and all claims caused in part by negligence, acts or omissions of the Authority, its members, officers, agents, employees, and volunteers.

B. In addition to the duty to indemnify and hold harmless, You will have the separate and independent duty to defend Authority, its members, officers, agents, employees, and volunteers from all suits, claims, proceedings, or actions of any nature seeking damages, equitable or injunctive relief, liens, expenses, losses, costs, royalties, fines, attorney's fees or any other relief in the event the suit, claim, or action of any nature arises in whole or in part from the:

1. Presence on, use or occupancy of Authority property;

2. Acts, omissions, negligence (including professional negligence and malpractice), errors, recklessness, intentional wrongful conduct, activities, or operations;

3. Any breach of the terms of this Term;

4. Performance, non-performance or purported performance of this Term;

5. Violation of any law, regulation, rule, Advisory Circular, or ordinance;

6. Infringement of any patent, copyright, trademark, trade dress or trade secret rights;

by You or You officers, employees, agents, volunteers, subcontractors, invitees, or any other person directly or indirectly employed or utilized by You regardless of whether it is caused in part by Authority, its members, officers, agents, employees, or volunteers. This duty to defend exists immediately upon presentation of written notice of a suit, claim or action of any nature to You by a party entitled to a defense hereunder. This defense obligation expressly applies, and shall be construed to include, any and all claims caused by the negligence, acts or omissions, of the Authority, its members, officers, agents, employees and volunteers.

C. If the above indemnity or defense provisions or any part of the above indemnity or defense provisions are limited by Florida Statute §725.06(1) or any other applicable law, then with respect to the part so limited, the monetary limitation on the extent of the indemnification shall be the greater of the (i) monetary value of this Term, (ii) coverage amount of Commercial General Liability Insurance required under this Term, or (iii) $1,000,000.00. Otherwise, the obligations of this Article will not be limited by the amount of any insurance required to be obtained or maintained under this Term.

D. In addition to the requirements stated above, to the extent required by FDOT Public Transportation Grant Agreement and to the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the State of Florida, FDOT, including the FDOT’s officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct by You and persons employed or utilized by You in the performance of this Term. This indemnification in this paragraph shall survive the termination of this Term. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida’s and FDOT’s sovereign immunity.

E. Your obligations to defend and indemnify as described in this Article will survive the expiration or earlier termination of this Term until it is determined by final judgment that any suit, claim or other action against Authority, its members, officers, agents, employees, and volunteers its fully and finally barred by the applicable statute of limitations or repose.

F. Nothing in this Article will be construed as a waiver of any immunity from or limitation of liability Authority, or its members, officers, agents, employees, and volunteers may have under the doctrine of sovereign immunity under common law or statute.

G. Authority and its members, officers, agents, employees, and volunteers reserve the right, at their option, to participate in the defense of any suit, without relieving You of any of its obligations under this Article.

H. If the above Sections A - G or any part of this Sections A – G is deemed to conflict in any way with any law, the Article or part of the Article will be considered modified by such law to remedy the conflict.