Car Park Terms and Conditions
WOTSO CAR PARK
RISK WARNING: USE OF THIS CAR PARK IS AT YOUR OWN RISK.
By entering the car park (Car Park) you agree to these terms (Terms) and accept that a contract is formed between us on the Terms (and no other). We may amend the Terms at any time. The current Terms will be displayed at www.wotso.com. Continued use of the Car Park after a change constitutes acceptance of the amended Terms. If you do not accept the Terms, you should exit the Car Park immediately.
1
Rules and Payment
(a)
We may refuse entry to, or require the removal of, any vehicle at our absolute discretion (acting reasonably).
(b)
The Car Park is open during the hours displayed at the entry or otherwise notified by us. We may change operating hours without notice.
(c)
Parking fees are payable on exit, or as otherwise displayed at the Car Park. A further parking fee is payable each time the vehicle enters the Car Park. If you lose or fail to present a ticket required to be presented upon leaving the Car Park, you will be charged the maximum amount.
(d)
You must:
(i) comply with all rules and directions displayed within the Car Park and any directions given to you by our staff;
(ii) park only in marked bays, in a single bay, and in accordance with directional signage and line markings;
(iii) report any damage to, or incident involving, your vehicle to us before leaving the Car Park.
(e)
You must not:
(i) smoke, vape or consume alcohol or illicit drugs in the Car Park;
(ii) use the Car Park or any bay for any purpose other than parking a vehicle (including for vehicle storage, repair, washing, detailing, charging — other than at designated EV bays — sleeping, camping, or living);
(iii) park in bays designated for other users (including accessible bays, reserved bays, electric vehicle bays or loading zones) unless you are entitled to do so;
(iv) bring into the Car Park any flammable, explosive, corrosive, radioactive or hazardous substance other than fuel ordinarily carried in a vehicle’s tank;
(v) cause a nuisance, harass, intimidate or endanger any other person, or behave in a violent, threatening or anti-social manner;
(vi) damage, deface, tamper with or interfere with any equipment, signage, fencing, ticketing machine, boom gate, lighting, camera or other property;
(vii) do anything that is unlawful or that may bring us or the Car Park into disrepute.
(f)
Penalties may apply for failure to comply with these Terms.
2
Breach and Fees
Without limiting clauses 5 and 6, a penalty fee of $77 fee per day (or part thereof) applies if you breach the Terms (e.g. overstaying, unauthorised parking, or nonpayment). If the penalty fee remains unpaid by the due date, a $40 administration fee will apply. You agree that these amounts reflect a reasonable pre-estimate of damages arising from your breach. If still unpaid after 10 days, you may also be liable for reasonable debt recovery costs, including legal fees.
3
Vehicle Movement
We may move your vehicle if reasonably necessary for the safe or efficient operation of the Car Park, emergencies, obstruction, breach of these Terms, or unpaid fees. To the maximum extent permitted by law, you agree that we have no liability for any loss or damage caused as a result of entering and moving your vehicle for these purposes.
4
Privacy
We may use CCTV and licence plate recognition systems at this Car Park, which may capture images or video of you, your passengers, and other visitors to the Car Park. This data may be used for fee calculation, security, incident investigation, and system training purposes. We will only use and share personal information as required or authorised by law, and in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.
5
Liability
(a)
You are liable for any damage caused by you or your vehicle to the Car Park including, but not limited to, any damage caused by oil or other substances, which leak from the vehicle.
(b)
To the extent permitted by law:
(i) all terms, conditions, warranties, guarantees and any liability (including indirect or consequential loss) that might apply to us in respect of the Terms, (whether express or implied and whether arising in contract, at common law or under statue) are to the maximum extent permitted by law expressly excluded; and
(ii) you release us and acknowledge and agree that subject to your rights under the Australian Consumer Law (ACL) which cannot be excluded, we (and our officers, employees, contractors and agents) are not liable to you (or any passengers in the vehicle, or any other party) for any loss, damage, injury, death or any incidental, indirect, special, consequential or economic loss or damage whether to person or property (including the vehicle) and whether arising from default, negligence, misconduct or otherwise by us, our officers, employees, contractors and agents.
6
Indemnity
(a)
You indemnify us for all losses, damage, costs (including legal costs on a full indemnity basis), expenses and liabilities suffered or incurred by us arising from your breach of the Terms, your negligence or wilful misconduct, or any damage caused by you or your vehicle to the Car Park, other vehicles or any person, including reimbursement of our costs of enforcement and/or vehicle movement.
