Bourke Square Car Park

Conditions of Entry & Limitation of Liability

THESE CONDITIONS APPLY IF YOU ENTER THIS CAR PARK.

By entering and remaining in this Car Park you agree to enter into a contract with Bourke Square Parking Pty Ltd upon these terms and conditions of entry (T&Cs). If you do not accept these T&Cs, please exit the Car Park safely and immediately by the nearest exit.

LOOK UP, LOOK BEHIND AND LOOK AROUND

1. This Car Park is structurally supported by walls, columns, overhead beams, and pipes, and is serviced with fire hydrants, hoses and other essential services equipment, some of which project into parking bays and the airspace above or around parking bays.
   
   LOOK UP, LOOK BEHIND and LOOK AROUND AS YOU ENTER AND EXIT ANY PARKING BAY
   
   It is your responsibility to ensure there is sufficient overhead and side clearance when moving your Vehicle in and out of parking bays. Do not rely solely on parking cameras, particularly when reversing. This is because if you hit, scrape, collide, bump or crash into anything in this Car Park, we are not liable to you in any way for any damage to you, your Vehicle, or your property.

YOU PARK AT YOUR OWN RISK

2. You agree that you use this Car Park entirely at your own risk. To the fullest extent permitted by law, we do not accept any responsibility for and have no liability for any injury, death, theft, loss or damage whether to person or property (including to your Vehicle) and you agree to release us from any claims in relation to such matters.

3. Unless we are negligent, we are not liable to you or any person with you for:
   1. injury to you or anybody else
   2. damage to, destruction of, theft of or unauthorised delivery up of your Vehicle or any other Vehicle whether authorised or not
   3. damage to, destruction of, theft of or unauthorised delivery up of any property (including anything in or on your Vehicle or any other vehicle); or
   4. trespass to or upon your Vehicle or other property in the Car Park, and you release and indemnify us from:
   5. any claim which you, or any person with you, might otherwise have against us
   6. any claim made against us; or
   7. any expenses or costs incurred by us, as a consequence of, in relation to, or in any way arising out of your use of this Car Park.

YOU PAY FOR ANY DAMAGE

4. You are liable for any loss or damage caused by you or your Vehicle to the Car Park, or to your Vehicle, or to any person or property in the Car Park including, but not limited to, any damage caused to our building, machinery, services, plant and equipment.

OUR LIABILITY IS LIMITED

5. In the case of any warranties or conditions implied into this contract by the Australian Consumer Law and Fair Trading Act 2012, we limit our liability to: a) supplying the services to you again; or b) the payment of the cost of having the services supplied again.

YOU AGREE TO

6. You agree to:
   1. correctly provide your registration number plate details when paying the parking fee and ensure your number plate is clearly displayed;
   2. produce your valid parking ticket as proof of payment of parking fee
   3. not cause any obstruction or take up more than one parking bay
   4. not park in any tandem parking bay without prior consent
   5. not park anywhere that we designate as a no parking area
   6. not park in a disabled bay without displaying a current disability permit
   7. not park anywhere that is not designated as a permitted parking bay for your type of vehicle or use
   8. not use this Car Park other than in accordance with these T&Cs or instructions issued by our staff; and
   9. comply with all parking signs, permit zones, and directions issued by us.

PARKING TICKETS

7. You must collect and retain the parking ticket issued to you on entry to the Car Park; and produce to us, upon request, your parking ticket or proof of payment of the parking fee.

DON’T LOSE YOUR TICKET

8. If you misplace the parking ticket issued to you on entry, you must pay the applicable ’Lost ticket’ fee (rate is displayed at entry) for any misplaced or lost ticket. We are not obliged to charge you the parking fee you would have paid had you not lost your ticket.

WE DO CLOSE!

9. If you return to collect your Vehicle after the Car Park has closed, you will only be able to exit the Car Park upon payment of an after-hours exit fee (rate is displayed at entry) which is paid directly to the staff member who attends after hours to assist you to exit the Car Park.

CCTV & SURVEILLANCE

10. Any person or Vehicle entering the Car Park may be subject to filming by CCTV or other surveillance and video equipment within and surrounding the Car Park for operational, security and public risk reasons and we reserve the right to use such evidence in any dispute or claim. By entering the Car Park you consent to information about yourself (including images) being recorded by such surveillance equipment and to us disclosing the information to anyone (including law enforcement bodies and persons involved in relevant legal or disciplinary actions) to the extent that we deem such disclosure necessary to protect our lawful interests, the public interest or the safety of persons or property at the Car Park.

WE CAN RETAIN YOUR VEHICLE

11. We may not permit your Vehicle to exit the Car Park and may retain your Vehicle until we are provided with full payment of any parking fees and evidence of ownership or entitlement to possess the Vehicle (which, in our opinion, is satisfactory).
    
    If we deliver or release your Vehicle to anyone in accordance with this clause, we are not liable to you even if the person taking the Vehicle does not have your authority to receive delivery of your Vehicle.

WE MAY MOVE YOUR VEHICLE

12. In an emergency, we reserve the right to enter, move or tow away your Vehicle for operational or safety reasons and we are not liable for any damage caused except as a result of negligence.

DEFINITIONS

13. In these T&Cs: a) Car Park means all of the Bourke Square Car Park including all entry and exit ramps, driveways and walkways together with any stairways and fire escapes; b) Vehicle includes any vehicle, its parts and accessories and any property (including valuables) left in, near or on the vehicle; c) we, us or our means Bourke Square Parking Pty Ltd (ABN 27 236 429 750) and includes our related bodies corporate, and respective agents, contractors, representatives and employees; and d) you or your means any person who enters the Car Park for any reason, including the driver or owner of a Vehicle and any passenger in a Vehicle.

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