Terms

TERMS & CONDITIONS OF PARKING

BY ENTERING THIS CARPARK YOU AGREE TO THE TERMS & CONDITIONS SET OUT BELOW.  IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, IMMEDIATLY LEAVE THE CARPARK.  These TERMS & conditions apply from when you drive your vehicle into this carpark and apply 24 hours a day, 7 days a week.  You hereby also bind the owner of the vehicle you are driving to all of these TERMS & conditions and warrant your authority to do so.

 

1.             PAYMENT AND BREACH OF THESE CONDITIONS

a)     You must display a valid ID Card or purchase a valid Parking Ticket from the pay and display machine and display the Parking Ticket or ID Card clearly on the dashboard of your vehicle.

b)    You agree to the following rules:

1)     You must comply with all rules or directions displayed in the carpark from time to time (including time restrictions) and with all relevant laws.

2)     Parking Tickets are valid for one entry only and are non-transferrable.

3)     You must not copy or alter any Parking Ticket or ID Card.

4)     You must not park in the carpark if you are unable to purchase a Parking Ticket due to a machine or equipment failure.  If you have paid for parking, but have not been provided with a Parking Ticket, you must not park in the carpark.

5)     You must not obstruct other persons/vehicles using the carpark or obstruct entrance/exitways or throughfairs.

6)     You must not park in any area marked ‘RESERVED’ or ‘NO PARKING’ or otherwise indicated as a No-parking area

7)     You must not park in a mobility bay without a current mobility window pass.

8)     You must not park over the time stipulated on the Parking Ticket displayed in your vehicle or the time stipulated on the signage of the bay you are parked in.

9)     You must not park in a manner that causes your vehicle to occupy more than one parking bay.

10)  The vehicle you are parking must have a current Warrant of Fitness and registration, be roadworthy and be able at all times to be driven under its own power and not present any danger or risk to other vehicles or persons in the carpark.

 2.             IN THE EVENT THAT YOU ARE IN BREACH OF THE ABOVE TERMS AND CONDITIONS, YOU AGREE THAT YOU ARE PARKING UNLAWFULLY AND:

 a)     We may issue a Parking Breach Notice requiring you to pay, within 21 days, up to $65 costs of enforcing the Terms and Conditions of this carpark.

b)    If you are issued a Parking Breach Notice and you do not pay the sums specified therein within 21 days of date of the date of issue of the Parking Breach Notice, then we will send an additional Reminder Notice and you agree to pay a further sum of $25 to cover our costs.

c)     If you are issued a Reminder Notice and you do not pay the sums specified therein within 30 days of the issue date of the original Parking Breach Notice you agree to pay:

 i.    The cost of the debt passing to our debt collection agency; and

ii.    Any solicitor/client costs incurred by us in enforcing payment of the money owing by you.

d)    We may apply a wheel clamp to your vehicle and/or remove your vehicle from the Carpark by having it towed at your risk and expense and we may hold your vehicle until all outstanding debts (including the Clamp/Towing Release Fee $80) have been paid.

e)     We may make a charge to your credit card in the amount of any outstanding debts (including the Clamp/Towing Release Fee).

 3.             SECURITY

 a)     While we shall take all reasonable care, we cannot guarantee the security of your vehicle.

b)    We accept no liability for any claim by you or any other person whether for loss or damage to your vehicle or any other vehicle, whether resulting from using the carpark or being unable to use the carpark or for negligence or otherwise.

c)     We accept no liability for any loss or damage to any article left in our custody or control.

d)    Our employees are not authorised to accept any or your possessions for safe custody except the keys to your vehicle where possession is taken at our request.

 

4.             RESPONSIBILITY FOR DAMAGE

a)     You are liable for any damage to the carpark caused by you or your vehicle.

b)    You agree to indemnity us in respect of any claim made against us arising from your use of the carpark or the use of the carpark by anyone else with your authority.

 

5.             RIGHT TO MOVE VEHICLE

a)     We have the right to move any vehicle at our absolute discretion.

b)    We accept no liability for any claim for loss or damage caused by such move.

 

6.             MISCELLANEOUS

a)     You must provide us with your full name and address if asked by us.

b)    If we fail to act or pursue any right or remedy available to us this will not in any way prejudice our right to exercise that or any other right or remedy.

c)     Nothing in these Terms and Conditions is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993, except to the extent permitted by that Act.  When you use the carpark for business purposes, the Consumer Guarantees Act 1993 shall not apply.

d)    No one is authorised to amend these Terms and Conditions on our behalf.

 

7.             INTERPRETATION

To avoid any confusion as to the meaning of these Terms and Conditions:

(a)   “claim” includes any claim for damage, loss or compensation and any demand, remedy, liability or action.

(b)   “damage” includes direct, indirect, consequential and special damage.

(c)   “outstanding debts” includes previous unpaid parking fees and/or unpaid enforcement notices.

(d)   “vehicle” includes its accessories and contents.

(e)   “we” and “us” means New Zealand Carpark Monitoring Services (NZCMS) and Tournament Parking Ltd and includes any of  its employees, agents and independent contractors.

(f)    “you” includes both the driver and owner of a vehicle entering this carpark.

(g)   “your vehicle” means the vehicle which you are driving, regardless of whether it is owned by you.