IMPORTANT NOTICE
TO PEOPLE 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, YOU MUST IMMEDIATELY LEAVE THE CAR PARK WITH YOUR VEHICLE.
Terms and Conditions
1. Acceptance of Terms and Conditions
1.1 By entering this car park you agree to and accept these terms and conditions.
1.2 These terms and conditions apply from the moment that you drive your vehicle into this car park. They apply 24 hours a day, 7 days a week.
1.3 If you do not own the vehicle you are parking in this car park, you bind the registered owner to these terms and conditions, and represent and warrant that you have the authority to do so.
1.4 This is a cashless user pays car park operated through vehicle license plate recognition.
2. Payment
2.1 Your vehicle license plate will be read at the entry to the car park, at which point the barrier arm will open.
2.2 You agree to pay parking fees applicable to your vehicle’s stay in the car park prior to your vehicle exiting the car park. You must provide us with your vehicle license plate details when making an electronic payment.
2.3 Prior to your vehicle exiting the car park you must pay the parking fees for your vehicle’s stay in this car park. Parking fees can be paid:
(a) using one of the onsite payment kiosks;
(b) scanning a QR code using a compatible cell phone and following the instructions on your screen; or
(c) using the ParkAt App.
2.4 Once payment of parking fees has been completed using one of the payment options available as set out in clause 2.3, your vehicle must leave the car park within 15 minutes of your payment being accepted. The barrier arm will open automatically to allow your vehicle to exit the car park if payment of parking fees has been successfully completed and recorded.
2.5 In the event that your credit-card transaction is declined or dishonoured, we reserve the right to reprocess the transaction at a later date and reserve the right to charge an additional fee of $30.00 in respect of our reasonable administrative costs in doing so.
3. Car Park Rules
3.1 You agree to comply with all:
(a) rules or directions displayed in the car park;
(b) given by us from time to time (which will be posted on the Museum Website);
(c) all relevant laws, traffic signs and regulations; and
(d) all rules and requirements set out in these terms and conditions.
3.2 In accessing and using the car park you will not (and will take reasonable steps to ensure persons under your direction and control will not):
(a) obstruct persons or vehicles using the car park;
(b) abandon your vehicle in this car park;
(c) park in any area marked “reserved” unless you possess a legal licence or lease to do so, or in any area marked “no parking,” or outside of the line-marked parking bays;
(d) park in a parking bay or area designated for use by persons with restricted mobility:
(i) unless a valid mobility parking permit is displayed in a manner that is clearly visible from outside the vehicle; and
(ii) the owner of the mobility parking permit is in the vehicle at the time of entering or exiting the car park.
(e) engage in any disorderly or unlawful behaviour in the car park.
3.3 You warrant that the vehicle you are parking in this car park has a current warrant of fitness and registration, is roadworthy and can be driven under its own power and will not present any danger or risk to other vehicles or persons or the car park.
4. Breach of Rules
4.1 If you or your vehicle is in breach of any of these terms and conditions or you have parked unlawfully, you may be issued a notice requiring you to pay within 21 days a sum no greater than $65.00, being a reasonable estimate of our costs of enforcing the terms and conditions of this car park.
4.2 If you are issued a notice and you do not pay the sum specified therein within 21 days of the date of issue of the notice, then we will send a reminder notice, and you agree to pay the further sum of $20.00, being an estimate of our reasonable administrative cost in doing so.
4.3 If you are issued a reminder notice and you do not pay the sums specified therein within 7 days of the date of the reminder notice, you agree that:
(a) we may use a debt collection agency to enforce payment of the sums owing by you together with the cost of such debt collection; and
(b) you are liable for any costs and expenses incurred by us to enforce payment of the sums owing by you, including our solicitor/client costs.
5. Moving and Towing
5.1 We may enter, move or tow away your vehicle without notice if we decide that it is:
(a) reasonably necessary to do so in an emergency; or
(b) for the safe or efficient operation of this car park.
5.2 We may tow your vehicle, and charge you a reasonable amount to cover our costs for doing so, if in our reasonable view the need to tow your vehicle arises where:
(a) you have breached these terms and conditions; or
(b) your vehicle is causing an obstruction; or
(c) your vehicle has been abandoned.
5.3 We may engage a third party to tow your vehicle. If your vehicle is towed, we may retain possession of it until all amounts owing to us and any applicable third-party release fees have been paid (or another payment arrangement has been agreed between us).
5.4 If we have your vehicle towed, you agree that the vehicle will be released only upon payment of the third-party release fee, our administration fee of $45.00 and any outstanding debt owed by you to us.
5.5 We accept no liability for any claim by you or any other person for loss or damage to your vehicle or for loss or damage to the contents of your vehicle resulting from your vehicle being moved or towed.
6. Responsibility for Loss or Damage
6.1 You agree that you are liable for any damage to the car park caused by you or your vehicle.
6.2 While we shall take all reasonable care, we cannot guarantee the security of your vehicle or its contents.
6.3 We accept no liability for any claim by you or any other person, including (but not limited to): any claim for loss or damage to your vehicle or any other vehicle OR for loss or damage to the contents of your or any other vehicle OR resulting from using the car park or being unable to use the car park OR for negligence OR for personal injury OR otherwise. This applies even if we are negligent or in breach of these terms and conditions.
6.4 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, except the keys to your vehicle where possession is taken at our request.
6.5 You agree to 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 acting on your instructions or under your authority.
7. General
7.1 You agree to provide us with your full name and address if asked by us. You agree that we may obtain the name and address of the owner of the vehicle from the motor vehicle register and pass this information to third parties for the purposes of debt recovery in accordance with these conditions.
7.2 If we fail to act or pursue any right or remedy available to us, this will not in any way prejudice our right to exercise that or any other right or remedy.
7.3 No one is authorised to amend these terms and conditions on our behalf. These terms and conditions, including parking fees and enforcement fees may be amended by us from time to time. Amendments apply from the date the amended version is published by us.
7.4 We use automatic number plate recognition in this car park for payment purposes and to monitor compliance with these terms and conditions.
7.5 We may use visual and audio surveillance and recording equipment in and around this car park for the purpose of protecting our lawful interests, and for protecting the safety and security of our employees, agents and contractors, and our customers.
7.6 Our privacy policy sets out how we collect, use, store, and disclose personal information and how we operate and manage CCTV systems. To view our privacy policy, please visit https://www.aucklandmuseum.com/legal/privacy-statement. By accepting these terms and conditions, you acknowledge our privacy policy.
7.7 The licence plate recognition system is operated by ParkAt. To view the ParkAt privacy policy, please visit https://www.parkat.co/privacy-policy. By accepting these terms and conditions, you acknowledge the ParkAt privacy policy.
7.8 The view the ParkAt terms of use please visit https://www.parkat.co/terms-of-use. By using the ParkAt App and accepting these terms and conditions you acknowledge the ParkAt terms of use.
8. Definitions and Interpretation
8.1. In these terms and conditions, terms used have the meaning defined below:
(a) “claim” includes any claim for damage, loss or compensation; and any demand, remedy, liability or action.
(b) “damage” includes direct, indirect, consequential and special damage.
(c) “disorderly behaviour” within the car park includes consumption of alcohol or illegal substances, skateboarding, rollerblading or skating, distribution of advertising material, or any other behaviour or conduct which we reasonably consider to be disruptive, dangerous, or a threat to the Museum or other users of the car park or the Museum, or likely to bring the Museum into disrepute.
(d) “Museum” means the Auckland War Memorial Museum.
(e) “notice” means a parking enforcement breach notice under clause 4.
(f) “outstanding debt” includes previous unpaid parking fees and/or unpaid notices.
(g) “parking fees” means the parking fees payable by you for parking your vehicle in the car park, and are posted at the entrance to the car park and elsewhere in the car park and Museum, and may be subject to review by us from time to time at our discretion.
(h) “ParkAt App” means the parking app operated by Imperium iQ Limited trading as ParkAt;
(i) “payment kiosk” means a parking payment kiosk located in the car park or within the Museum.
(k) “QR Code” means a car park payment QR code located in the car park or within the Museum.
(l) “vehicle” includes its accessories and contents.
(m) “we” and “us” means Auckland Museum Trust Board and includes its employees, agents and independent contractors.
(n) “you” includes both the driver and the owner of a vehicle entering this car park.
(o) “your vehicle” means the vehicle which you are driving, regardless of whether it is owned by you.
FOR ALL ENQUIRIES, PLEASE TELEPHONE +64 9 377 6263