You agree to the following Terms and Conditions for membership in the Parking PASSport Gold program and use of a Parking PASSport Gold card.
1. TERMS:
a) Your Parking PASSport Gold card may be used for access to the parking area(s) designated by the Authority for Parking PASSport Gold parking.
b) The Parking PASSport Gold card may only be used for parking one vehicle at a time. Any attempt to use a Parking PASSport Gold card for more than one vehicle at any one time will constitute abuse of Parking PASSport Gold card privileges, and may result in the assessment of fees and charges or termination of your Parking PASSport Gold membership in accordance with paragraph 4 of this Agreement.
c) If, during the time that you use the Parking PASSport Gold card to park, your credit card expires or is declined, you must provide an alternative method of payment for all charges before exiting the parking garage.
d) You may not assign your Parking PASSport Gold membership.
e) You shall pay all charges, fees and assessments to your credit card resulting from the use of the Parking PASSport Gold card by any person, whether or not authorized by you, until you report your Parking PASSport Gold card lost or stolen, in accordance with paragraph 5 of this Agreement.
f) Failure to comply with these Terms and Conditions may result in suspension, revocation, or termination of your Parking PASSport Gold membership. Failure to pay fees and charges may result in additional penalties provided by law or by this Agreement.
g) You agree to comply with all Massport rules and regulations, policies and directives regarding the use, operation and security of any Massport garage or facility used in connection with this Agreement.
2. ACCOUNT INFORMATION:
a) You shall keep your Parking PASSport Gold account information updated at all times.
b) At no time will Massport staff ask you for your Parking PASSport Gold password.
c) All parking receipts and notices shall be sent to the e-mail address you provide and shall be deemed received on the day following the date of dispatch.
3. FEES, TERM AND RECEIPTS:
a) Upon completion of enrollment, your credit card will be charged a Two Hundred Dollar ($200.00) nonrefundable Parking PASSport Gold original enrollment fee. This fee will not be returned on a pro-rated basis should you cancel your account. Your membership in the Parking PASSport Gold program will expire one year from the enrollment completion date. Memberships must be renewed online annually. An annual membership fee of $100.00 will be charged at the time of renewal. Your account will be automatically canceled if you do not renew within the thirty days prior to the expiration date. If you wish to re-enroll after your membership has been cancelled, you will have to re-enter your personal data and pay the $200 original enrollment fee.
b) Parking fees and instructions for use of the Parking PASSport Gold card will be available on the Logan web page. Massport reserves the right to amend these fees and instructions from time to time.
c) Your parking fee will be automatically charged to your credit card when the Parking PASSport Gold card is used to exit the parking garage. A parking receipt will be emailed to you within 24 hours. No paper receipts will be issued to you at the airport.
4. MISUSE OF PARKING PASSport GOLD CARD:
a) Massport, in its sole discretion, may revoke the Parking PASSport Gold card and terminate your account in the event of any misuse. Misuse of the Parking PASSport Gold card is any use not in accordance with these Terms or Conditions, or the instructions for use of the card posted on the PASSport Gold Login page. If you or anyone else attempts to use your Parking PASSport Gold Card with more than one vehicle at a time, Massport, in its sole discretion, may confiscate, deactivate or revoke the card, and may cancel your membership in Parking PASSport Gold with no refund of the enrollment fee. Further action relating to the party attempting the transaction or relating to the vehicle(s) in question may be taken, including but not limited to, civil or criminal action and/or impoundment of the vehicle.
b) Misuse of a Parking PASSport Gold card may be, in Massport's sole discretion, cause to deny the account holder another Parking PASSport Gold card at any time in the future or to deny renewal of the account.
5. LOST OR STOLEN PARKING PASSport GOLD Card:
a) If you lose your Parking PASSport Gold card, you must report it immediately by signing in to your personal Parking PASSport Gold account on the PASSport Gold Login page. Your account will be de-activated and your card will not permit entry into the Logan parking garages.
You will not be responsible for transactions occurring after you notify Massport that your Parking PASSport Gold card is lost or stolen in accordance with this paragraph 5.a. You should also notify the issuer of the credit card to which your Parking PASSport Gold card is linked. A new Parking PASSport Gold card will be sent to you within ten business days. Your credit card will be charged a $5 new card fee.
b) If, during the time that you are using the Parking PASSport Gold to park, your Parking PASSport Gold card is lost or stolen, you must (a) go to a departure lane with a cashier; (b) comply with procedures for a Lost Ticket; and (c) provide an alternative method of payment. Your charges will include a Lost Ticket Charge. Please note that your account will not be de-activated until you report your card lost or stolen via the PASSport Gold Login page.
6. DISCLAIMER:
To the extent permitted by law, Massport expressly disclaims any representation of warranty, express or implied, relating to the Parking PASSport Gold program including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose or conformity to models or displays. In addition, Massport shall not be liable for any action taken by a third party by reason of your use or display of the Parking PASSport Gold card.
7. GUARANTEE AND LIMITATION OF LIABILITY:
a) Massport guarantees that upon presentation of a valid Parking PASSport Gold card at the card reader designated for the Parking PASSport Gold program, Massport will make available a parking space within the designated parking area or, in the alternative, Massport will valet park the vehicle. Valet parking will be at no additional cost above the charge applicable for parking in the designated parking area.
b) In the event Massport does not provide the guaranteed service described in paragraph 7.a above, and Massport's inability to provide the guaranteed service is not the result of Force Majeure, as described in paragraph 8 of these Terms and Conditions, your sole and exclusive remedy is a refund of (a) one-half the enrollment fee, if during the first year of enrollment; or (b) one-half of the annual membership fee, if during the second or subsequent year of enrollment. You will remain enrolled in Parking PASSport Gold until completion of the current term of enrollment, unless your account is terminated for misuse of the account under paragraph 4 above. You agree that Massport shall not be liable for direct, indirect, special, consequential or any other damages, including without limitation, lost profits or business interruption damages, or damages arising from a missed flight.
c) In no event shall Massport be liable to you or anyone claiming through you or on your behalf or any entity for any direct, indirect, special, consequential or other damages, including without limitation, any lost profits or business interruption, or for the theft or loss of or damage to your vehicle, its accessories or contents as a result of your use of the parking area(s) designated by Massport for Parking PASSport Gold parking. You shall indemnify Massport and hold it harmless, from and against any and all, loss, cost, expense, damages, or liability relating to, arising from or as a result of the use or performance of the Parking PASSport Gold card. Your sole and exclusive remedy in equity and at law is to discontinue using the program. No full or partial refunds of annual enrollment fees will be made.
8. FORCE MAJEURE:
Massport will not be liable for any failure or delay in the performance of its obligations under this Agreement, or for failure to provide the guaranteed service described in paragraph 7.1 above, if any, to the extent such failure is caused, without fault by Massport, directly or indirectly by: fire, explosion, cable cuts, vandalism, sabotage, flood, earthquake, elements of nature or acts of God, regional failures of electrical distribution, regional failures of telecommunications services, labor disruptions or strikes, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or quarantines, epidemic, embargoes, security restrictions and other similar government action.
9. TERMINATION:
a) You may cancel your account at any time by completing the cancellation procedure, accessed through the PASSport Gold Login page. Your enrollment fee and annual fees will not be rebated, refunded or pro-rated should you cancel your account.
b) Massport reserves the right to cancel your Parking PASSport Gold account or deactivate your Parking PASSport Gold card or terminate the Parking PASSport Gold program at any time with or without cause, and without giving you notice. Your Parking PASSport Gold card will not allow you entry into the parking garages after it has been deactivated or your account has been cancelled. Upon cancellation of your Parking PASSport Gold account, you are responsible for all amounts you owe Massport. The Parking PASSport Gold card must be destroyed or disposed of responsibly immediately upon termination or cancellation of your account or notification thereof.
10. COLLECTION EXPENSES:
You shall pay all costs, including attorneys' fees, incurred by Massport to collect any monies due under the terms of this Agreement, whether or not a law suit is filed.
11. MODIFICATION:
Massport reserves the right to change these Terms and Conditions at any time. These changes may include, without limitation, a change in any existing fees or imposition of new fees. You will be bound by the Terms and Conditions and the fees posted on the web site for Parking PASSport Gold on the day you or another person uses your Parking PASSport Gold card.
12. SERVERABILITY:
The invalidity of any term or terms of this Agreement shall not affect or impair any other term of this Agreement, which shall remain in full force and effect.
13. GOVERNING LAW:
The laws of the Commonwealth of Massachusetts and applicable federal law govern this Agreement. Any dispute arising under this Agreement shall be decided by a court of competent jurisdiction in the Commonwealth of Massachusetts.
14. WAIVER OF JURY TRIAL:
By accepting this Agreement, you voluntarily, intentionally and knowingly waive all rights to a trial by jury as to all claims, disputes or controversies arising out of, or relating to, this Agreement.
15. NON-DISCLOSURE:
You are advised that pursuant to M.G.L. c.66, all materials received by Massport which fall within the definition of "public record" as set forth in M.G.L. c.4, '7(26), shall be disclosed by Massport upon request. Massport, however, will seek to hold your financial or personal information in confidence, to the extent consistent with applicable law, except to:
If you have opted to receive materials from Massport and third parties such as retailers and financial institutions, Massport may use or share some of your personal information so that you can take advantage of special programs offered as a benefit of your Parking PASSport Gold Account. Retailers and financial institutions may communicate with you directly about such programs.
16. INQUIRIES AND CORRESPONDENCE:
Contact gold@massport.com. For emergencies, contact the Parking Office at 617-561-1670 from 8:30 a.m. to 4:30 p.m., and at 617-561-1673 at other times.