Terms & Conditions
Conditions of Entry & Limitation of Liability
THESE CONDITIONS APPLY IF YOU ENTER AND REMAIN IN THIS CAR PARK
By parking in this Car Park, you agree to contract with Bourke Square Parking Pty Ltd on the following conditions. If you do not accept these conditions, please exit promptly via the nearest exit.
1. USE OF THIS CAR PARK MAY INVOLVE RISKS INCLUDING DAMAGE TO PROPERTY, PHYSICAL HARM, PERSONAL INJURY AND/OR DEATH. ANY SUCH LOSS OR INJURY MAY BE CAUSED BY THIRD-PARTY DRIVERS, PEDESTRIANS AND OTHER PERSONS, HAZARDS CREATED BY WEATHER, THE CONDITION OF THE CAR PARK, THEFT, MALICIOUS DAMAGE OR MALFUNCTIONING EQUIPMENT. YOU USE THIS CAR PARK ENTIRELY AT YOUR OWN RISK.
2. You must only use this Car Park for the parking of vehicles in accordance with these conditions. You must obey all signs, directions or rules of entry presented to you in the Car Park or by our staff, including by parking only in designated parking bays and not parking in any areas designated as 'no-parking' areas. You must not cause any obstruction in this Car Park and may only park in an area designated as 'reserved' if the area is reserved for the vehicle.
3. This Car Park has height restrictions and in some parking bays, there is machinery, plant and equipment that projects into the space above, in and around the parking bay. It is your responsibility to ensure you have sufficient overhead and side clearance when moving your vehicle in and out of parking bays.
4. You are liable for any loss or damage caused by you or any person with you or your vehicle to:
- the Car Park
- your vehicle; or
- any other person, vehicle or property in the Car Park including, but not limited to, any loss or damage caused to any machinery, plant and equipment in the Car Park.
5. The Car Park is accessed by the public and we do not guarantee your safety or the safety of anyone with you, your vehicle or your property.
6. To the fullest extent permitted by law, unless we are negligent or breach these Conditions, we are not liable to you or anyone with you for:
- any physical injury, loss or death to you or anyone with you
- damage to, destruction, theft, or delivery up of your vehicle or of any property (including anything in or on your vehicle or any other vehicle); or
- any direct, indirect, special, consequential or economic loss or damage, however caused, whether to person or property (including to your vehicle), you and anyone with you agree to release us from any and all ac<ons, claims, demands, damages, rights, remedies, or suits you have, may have had, or may in the future have, arising out of or in connection with any of the above matters.
7. You and anyone with you agree to indemnify us against all liabilities, losses, damages, demands, expenses, costs or actions we may suffer or incur in connection with any claims by you or any third party arising directly or indirectly from any negligence, act, omission, breach of these Conditions or nuisance committed by you or anyone with you from your use of or presence in the Car Park, except to the extent that we cause the damage due to our negligence or breach these Conditions.
8. Each exclusion of our liability in these conditions is subject to any law that restricts or forbids that exclusion of liability including the Australian Consumer Law and Fair Trading Act 2012, under which we limit our liability to either supplying the services to you again or paying the equivalent cost of supplying the services again.
9. If you bring a vehicle into the Car Park, you agree to pay the applicable parking fee. You must collect and retain the parking ticket issued to you on entering the Car Park and produce to us, upon request, your parking ticket or proof of payment of the parking fee.
10. If you lose your parking ticket, we are not obliged to charge you the parking fee you would have paid had you not lost your ticket and we may instead charge any applicable ‘Lost ticket’ fee.
11. If your vehicle remains in the Car Park after it has closed, you will only be able to exit upon paying an after-hours exit fee (rate is displayed at entry). We may prevent the exit of your vehicle from the Car Park until all fees are paid in full and we are not liable for any injury, damage or loss which may result, except to the extent that we cause the damage, injury or loss due to our negligence or breach of these Conditions.
12. You grant us a ‘security interest’ (as defined in the Personal Property Securities Act 2009 Cth (PPSA)) in your vehicle to secure all fees you owe us in respect of these Conditions. We may retain or prevent the exit of your vehicle until everything you owe us has been paid in full. Parking fees will continue to accrue during any retention period until we recover all fees and reasonable costs. If fees remain unpaid for 30 days, you agree we can, after we give you reasonable notice of our intention to do so, sell your vehicle and use the proceeds to pay the amounts you owe us and you agree to take all steps to enable us to do so. Our rights and powers in relation to the security interest described herein do not limit our rights and powers under the PPSA. Nothing in these Conditions limits or excludes any common law or statutory lien or other rights we have over your vehicle. If we deliver or release your vehicle to anyone in accordance with these Conditions, without limiting Clause 4 we are not liable to you even if the person taking the vehicle does not have your authority to receive delivery of your vehicle.
13. For operational, emergency or safety reasons, we may refuse entry to any person or vehicle, and we may enter, move or tow away your vehicle and we are not liable for any damage caused, except to the extent that we cause the damage due to our negligence or breach of these Conditions.
14. We may charge you a reasonable amount for moving your vehicle if the need to move it arises:
- because you breach these Conditions or have caused an obstruction;
- we reasonably believe the vehicle is abandoned; or
- for the sale of the vehicle for reasons of non-payment or abandonment.
15. 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, anyone with you and your vehicle (including images) being recorded by 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 any person or property at the Car Park.
16. Tailgaters will be prosecuted, and fees and penalties apply.
17. In these Conditions:
- 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;
- Vehicle includes any vehicle, its parts and accessories and any property (including valuables) leS in, near or on the vehicle;
- 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
- 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.
Contact
(Corner of Bourke Street and Hardware Lane)
Enter from Hardware Lane, for vehicles up to 2m height clearance.
Enter via Bourke Street exit lane for vehicles over 2m to 2.4m height clearance.
