Conditions of Entry & Limitation of Liability
ATTENTION ALL PERSONS entering the Car Park.
The following conditions apply when you enter, leave or use the Car Park. By entering and remaining in the Car Park you enter into a contract with us upon these conditions. If you do not accept these conditions, immediately leave the Car Park. If you are in a vehicle and are unable to turn around you may, subject to these conditions, inform the Car Park attendant that you want to leave and proceed directly to the nearest exit where you may leave without charge providing you do not delay.
- You enter and use the Car Park at your own risk. We may refuse entry by any vehicle or person.
- We are not liable to you or any person with you for:
- injury to you or to anybody else;
- damage to, destruction of, theft of or unauthorised delivery up of your vehicle; or
- damage to, destruction of, theft of or delivery up of any property (including anything in or on your vehicle or any other vehicle);
howsoever caused (including negligence).
- You agree to release and indemnify us in respect of any claim, demand, action or suit made against us by you or any third party and any expenses incurred by us as a consequence of, in relation to, or in any way arising out of your use of or presence in the Car Park.
- We will not be liable to you for delivery of your vehicle to any person who did not have the authority to take your vehicle.
- We have the right to retain your vehicle until we are provided with a valid parking ticket or evidence of ownership or entitlement to receive the vehicle which, in our opinion, is satisfactory; and if we deliver your vehicle to anyone in accordance with this clause, we will not be liable to you even if the person taking the vehicle does not have your authority.
- A parking fee is payable each time a vehicle enters the Car Park. If you bring a vehicle into the Car Park, you agree to pay the parking fee set by us from time to time. We may prevent the exit of a vehicle from the Car Park until the fee is paid and we are not liable for preventing the exit of a vehicle until the fee is paid for or any injury, damage or loss which results.
- We have a general lien over, and the right to retain your vehicle as a security for any money which you owe us. If you fail to pay us, we may sell your vehicle after 30 days to recover money owed to us by you. In selling, we may proceed in such manner as we think fit in our absolute discretion and we are not obligated to obtain the best price.
- You agree to:
- produce to us, when requested by us, your parking ticket or proof of payment of the parking fee;
- not to cause any obstruction;
- not to park anywhere that we designate as a no parking or reserved area; and
- not to use the Car Park other than in accordance with instructions we may give.
- If you breach any of the conditions in clause 8 above, you will pay us liquidated damages of One Hundred Dollars ($100.00).
- While in the Car Park you must comply with all signs and all reasonable directions and requests made by us.
- You may only have access to or remove a vehicle from the Car Park during the permitted hours displayed in the Car Park.
- We have the right, at our discretion, to move your vehicle (including moving it to any location outside the Car Park), even if your vehicle is locked. If we remove your vehicle, these conditions continue to apply. We are not liable for any damage caused to your vehicle when we move it. If your vehicle is moved as a result of your breach of these Conditions, you must pay our costs for the moving and storage of your vehicle.
- These conditions may only be altered by a written agreement between us and you.
- If any of these conditions are illegal or unenforceable, the offending part is to be disregarded and does not affect the remaining part.
- Each exclusion of out liability in these conditions is subject to any law which restricts or forbids that exclusion of liability including the Competition and Consumer Act 2010.
- In these conditions references to:
- ‘Car Park’ means the car park located underneath Marvel Stadium located at 740 Bourke Street, Docklands;
- ‘we’, ‘us’ and ‘our’ mean Melbourne Stadiums Limited, ABN 37 098 476 594, its employees, agents and independent contractors; and
- ‘your vehicle’ includes a vehicle driven, or intended to be driven, by you into the Car Park.