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Terms & Conditions

IMPORTANT NOTICE

TO ALL PERSONS ENTERING THIS CAR PARK WITH A VEHICLE

BY ENTERING THIS CAR PARK YOU AGREE TO THE CONDITIONS SET OUT BELOW. IF YOU DO NOT ACCEPT THESE CONDITIONS, PLEASE IMMEDIATELY LEAVE THE CAR PARK.

  1. THESE CONDITIONS APPLY FROM THE MOMENT OF ENTRY INTO THIS CAR PARK BY YOU AND YOUR VEHICLE AND APPLY 24 HOURS A DAY, 7 DAYS A WEEK.

YOU BIND THE OWNER OF THE VEHICLE YOU ARE DRIVING INTO THIS CAR PARK TO THESE CONDITIONS AND WARRANT YOUR AUTHORITY TO DO SO.

  1. CAR PARK RULES
    1. RUBBISH BINS ARE LOCATED THROUGHOUT THE BUILDING FOR YOUR CONVENIENCE. NO HOUSEHOLD, SHOP OR COMMERCIAL REFUSE.
    2. THE USE OF SKATE BOARDS AND PUSH BIKES IS STRICTLY PROHIBITED WITHIN THIS BUILDING. ALL CYCLISTS MUST USE THE BICYCLE STORAGE FACILITY LOCATED ON QUAY ST.
    3. MONITORED CCTV CAMERAS ARE OPERATING 24 HOURS A DAY 7 DAYS A WEEK.
    4. THE CONSUMPTION OF ALCOHOL IS STRICTLY PROHIBITED ANYWHERE IN THIS BUILDING.
    5. DISTRIBUTION OF ANY ADVERTISING MATERIAL IS STRICTLY PROHIBITED – OFFENDERS WILL BE PROSECUTED AND HELD LIABLE FOR REMOVAL AND DISPOSAL COSTS.
    6. NO LOITERING
  2. YOU:
    1. MUST COMPLY WITH ALL RULES AND DIRECTIONS DISPLAYED IN THE CAR PARK FROM TIME TO TIME AND WITH ALL RELEVANT LAWS;
    2. MUST PAY PARKING FEES AT THE RATES STATED AT THE TIMES AND IN THE MANNER SET OUT IN THE SCHEDULE OF RATES DISPLAYED IN THE CAR PARK.
  3. YOU MUST NOT:
    1. OBSTRUCT OTHER PERSONS OR VEHICLES USING THE CAR PARK;
    2. PARK IN ANY AREA MARKED “RESERVED” OR “NO PARKING” OR OUTSIDE OF THE LINE-MARKED BAYS UNLESS DIRECTED TO DO SO;
  4. THE VEHICLE YOU ARE PARKING IN THIS CAR PARK MUST:
    1. HAVE A CURRENT WARRANT OF FITNESS AND REGISTRATION;
    2. BE ROADWORTHY;
    3. BE ABLE AT ALL TIMES TO BE DRIVEN UNDER ITS OWN POWER; AND
    4. NOT PRESENT ANY DANGER OR RISK TO OTHER VEHICLES OR PERSONS OR THE CAR PARK.
  5. IF YOU BREACH THESE CONDITIONS WE MAY ISSUE AN ENFORCEMENT NOTICE OF $45.00 AND/OR APPLY A WHEEL CLAMP TO YOUR VEHICLE AND/OR REMOVE YOUR VEHICLE BY HAVING IT TOWED AT YOUR RISK AND EXPENSE AND WE MAY HOLD THE VEHICLE UNTIL ALL OUTSTANDING DEBT AND FEES HAVE BEEN PAID. ALL LEGAL RIGHTS AND REMEDIES AND APPLICABLE COUNCIL BYLAWS WILL BE PURSUED IN THE ENFORCEMENT OF CLAUSE 2 SUB CLAUSES (1) TO (6).
  6. YOU ARE LIABLE FOR ANY DAMAGE TO THE CAR PARK BUILDING OR ANY OTHER VEHICLE CAUSED BY YOU OR YOUR VEHICLE.
  7. WE ACCEPT NO LIABILITY FOR ANY CLAIM BY YOU OR ANY OTHER PERSON, WHETHER FOR LOSS OR DAMAGE TO YOU OR ANY OTHER PERSON, OR TO YOUR VEHICLE OR ANY OTHER VEHICLE, WHETHER RESULTING FROM USING THE CAR PARK OR BEING UNABLE TO USE THE CAR PARK OR FROM OUR NEGLIGENCE OR OTHERWISE.
  8. WE ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE TO ANY ARTICLE LEFT IN OUR CUSTODY OR CONTROL. OUR EMPLOYEES ARE NOT AUTHORISED TO ACCEPT ANY OF YOUR POSSESSIONS FOR SAFE CUSTODY.
  9. YOU INDEMNIFY US IN RESPECT OF ANY CLAIM MADE AGAINST US ARISING FROM YOUR USE OF THE CAR PARK OR THE USE OF THE CAR PARK BY ANYONE ELSE WITH YOUR AUTHORITY.
  10. YOU MUST PROVIDE US WITH YOUR FULL NAME, ADDRESS AND PROOF OF IDENTITY IF ASKED BY US. PRESENTATION OF A PARKING TICKET DOES NOT CONSTITUTE OWNERSHIP OF THE VEHICLE ASSOCIATED WITH THE TICKET AND WE RESERVE THE RIGHT TO REFUSE TO RELEASE THE VEHICLE IF LEGITIMATE PROOF OF OWNERSHIP CAN NOT BE MADE BY THE TICKET HOLDER.
  11. IF WE FAIL TO ACT OR PURSUE ANY RIGHT OR REMEDY AVAILABLE TO US THIS DOES NOT AFFECT OR LIMIT OUR RIGHT TO EXERCISE THAT OR ANY OTHER RIGHT OR REMEDY.
  12. NO ONE IS AUTHORISED TO WAIVE OR AMEND THESE CONDITIONS ON OUR BEHALF.

INTERPRETATION

  1. IN THESE TERMS AND CONDITIONS:

    1. “claim” includes any claim for damage, loss or compensation; and any demand, remedy, liability or action.
    2. “damage” includes direct, indirect, consequential and special damage.
    3. “outstanding debt” includes previous unpaid parking fees and/or unpaid enforcement notices.
    4. “vehicle” includes its accessories and contents.
    5. “we” and “us” means Britomart Oriental Company and Cooper and Company Parking New Zealand and includes any of it’s employees, agents and independent contractors.
    6. “you” includes both the driver and the owner of the vehicle entering this car park.
    7. “your vehicle” means the vehicle or motorbike which you are driving, regardless of whether it is owned by you.