These terms and conditions are displayed on signs both at the entrance and within the carpark at
5 Solent St Mechanics Bay.
BY ENTERING THIS CARPARK YOU ARE AGREEING TO THE TERMS AND CONDITIONS SET OUT BELOW.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS YOU MUST LEAVE THE CARPARK IMMEDIATELY. BY ENTERING THIS CARPARK YOU ALSO BIND THE OWNER OF THE VEHICLE AND WARRANT YOUR AUTHORITY TO DO SO.
WE PUT YOU ON NOTICE THAT an authorised enforcement officer is operating in this carpark and will issue a breach notice on any vehicle where you have failed to enter the vehicle registration licence plate number and/or failed to pre-pay car parking time requested using the supplied Pay By Plate machines on site and/or has exceeded the time paid for.
These terms and conditions apply from the time your vehicle enters the carpark and apply 24 hours a day, 7 days a week. We make no representation that any car parks will be available at any time.
THIS CARPARK SERVICE DOES NOT INCLUDE ENSURING THE SAFETY OF THE VEHICLE OR ITS CONTENTS WHILE IT IS PARKED HERE. YOU PARK HERE AT YOUR OWN RISK. DO NOT LEAVE VALUABLES IN THE VEHICLE.
DEFINITIONS
“Accessible car park” specifically designated vehicle parks which are managed using permits issued under the Mobility Park Permit Scheme by CCS Disability Action or any successor.
“Agreement” means these terms and conditions.
“Breach Notice” means any notice attached to your vehicle or sent to the owner of the vehicle advising of any breach of these terms and conditions.
“Carpark” means the space allocated to you to park your vehicle.
“Fees” and “charges” means all amounts charged by us to you.
“Pay By Plate machines” means any parking machine supplied in the carpark.
“Parking time” means the time specified on the Pay By Plate machines.
“Time limit” means the limit of time you have to park your vehicle in this carpark.
“You” means both the driver and the owner of a vehicle entering this carpark.
“We” and “us” means Eagleflight Aviation Limited and any of its contractors, employees or agents.
OUR RESPONSIBILITES
We agree:
1. to provide you with a place to park your vehicle in consideration for payment of the amount specified on our Pay By Plate machines supplied in the carpark.
2. to take all reasonable care in providing our service to you.
3. to perform our obligations under the Health and Safety at Work Act 2015 and all other statutory requirements of New Zealand.
YOUR RESPONSIBILITIES
You agree :
1. to comply with all rules and directions displayed in this carpark or communicated to you by our staff.
2. to observe all time limits in relation to your use of this carpark.
3. not to obstruct other persons or vehicles using the carpark.
4. to only park in allocated car parking bays.
5. not to use “reserved”, “no parking” or ”no stopping” areas unless authorised to do so or directed by our staff.
6. not to park in any accessible carpark (provided for people with mobility restrictions) without displaying a valid mobility parking permit.
7. not to reside in or occupy overnight while your vehicle is in this carpark.
8. to enter your vehicle registration plate number into the supplied Pay By Plate machine.
9. to pay all necessary fees and charges for the time notified by the Pay By Plate machine.
10. to pay, as liquidated damages, all a fee of $45.00 for each breach notice that may be issued to you for failing to prepay car parking time and/or exceeding the time paid for.
11. If you do not pay the Breach Notice within 21 days of the issue date, we will issue a follow-up letter and you further agree to pay the Administration Fee of $30.00.
12. that if you fail to pay the Breach Notice and the Administration Fee within a period of 10 working days of the date of the follow-up letter, you agree to pay all additional costs involved in collecting the debt, the debt being transferred to a debt collection agency and/or all legal costs solicitor/client costs relating to the collection of the debt.
13. we have the right to enter the vehicle and move it for operational, safety and enforcement reasons. This includes towing the vehicle to another property.
14. that we have no liability for any loss or damage caused as a result of entering and moving the vehicle.
15. to pay all costs incurred by us in enforcing our rights under this agreement, including clamping/towing, storage, release fees, fees specified in any notice, and any other costs. Costs continue to accrue until they are paid.
16. you are liable for any damage to the car park caused by you or the vehicle including any damage caused by oil or other substances which leak from the vehicle.
17. to indemnify us in respect of any claim made against us arising out of your use of the park, or out of the use of the car park by any person driving your vehicle or otherwise with your authority.
18. we not are liable to you for any amount whatsoever exceeding the amount of fees you have paid to park in this carpark.
19. we have the right to revoke your licence to use our car park by attaching a notice to the vehicle or by sending it to the owner of the vehicle.