Car Park – Terms and Conditions

Any person parking a vehicle in the Melbourne & Olympic Park Trust ABN 95 023 915 528 (“Melbourne Park”) car park (“Car Park”) parks the vehicle subject to and agrees to be bound by the following Terms and Conditions. If you do not accept these conditions, immediately leave the Car Park. If you immediately leave the Car Park, you will not be charged a parking fee.

1. You park your vehicle in the Car Park at your own risk. To the extent permitted by law, Melbourne Park does not accept responsibility for and is not liable for any injury, death, theft, loss or damage whether to person or property (including your vehicle). You agree to release Melbourne Park from any claims in relation to such matters.
2. You must comply with all rules and directions displayed within the Car Park and any directions given to you by our staff. Vehicles must only be parked within marked bays only and must not cause any obstructions (including parking across multiple bays).
3. When you or someone authorised by you enters the Car Park, you or that authorised person (as the case may be), with any passenger in your vehicle, are required to take reasonable care to avoid damage to yourself, others, and Melbourne Park & third-party property. You are liable for, and indemnify Melbourne Park against, any loss or damage or claim suffered by Melbourne Park in connection with any breach by you or someone authorised by you of this requirement or these Terms and Conditions, except to the extent caused by Melbourne Park’s negligence or wilful misconduct. Such damage includes, but is not limited to, any damage caused by oil or other substances that leak from your vehicle.
4. At its discretion, Melbourne Park may refuse to allow any person or vehicle to enter the Car Park. This includes where it is necessary for Melbourne Park to provide parking spaces to a party (or parties) associated with an event held on site.
5. Melbourne Park reserves the right to conduct security screening of your vehicle. Security measures in place for an event may vary depending on the nature of the event and other relevant considerations.
6. All statutory or implied conditions and warranties are excluded to the extent permitted by law.
7. To the extent permitted by law, all terms, conditions, warranties, guarantees (either express or implied), and any liability that could be applicable under these Terms and Conditions are limited to:
   • a. supplying the services to you again; or
   • b. paying the cost of having the services supplied again.
8. If you have pre-booked your parking, in accordance with the Online Booking Terms and Conditions, you must:
   • a. exit within the Booking Period; or
   • b. pay any applicable additional fee if you have overstayed your Booking Period on exiting the Car Park, with such fee to be calculated in accordance with the rates determined and displayed by Melbourne Park at the Car Park.
9. If you do not have pre-booked parking, you must:
   • a. pay the applicable parking fee on exiting the Car Park, with such fee to be paid in accordance with the rates determined and displayed by Melbourne Park at the Car Park. Please note: cash is not an accepted method of payment; or
   • b. if you have a valid visitor, contractor or employee entitlement, ensure that the registered licence plate of the vehicle exiting the Car Park matches the details for the valid visitor, contractor or employee entitlement.
10. If a vehicle exits the Car Park and is brought back on the same day, a new parking fee will be charged. The fee will be charged in in accordance with the rates determined and displayed by Melbourne Park at the Car Park.
11. In an emergency or where necessary to operate the Car Park, Melbourne Park or its employee or agent has the right to enter, move or tow away your vehicle. To the extent permitted by law, Melbourne Park is not liable for any loss or damage caused as a result of entering and moving your vehicle for these purposes.
12. Any person or vehicle entering the Car Park consents to being recorded by CCTV or other surveillance devices within and surrounding the Car Park for operational and security reasons. Melbourne Park reserves the right to use these recordings as evidence in any dispute, and to disclose the information to a third party (including law enforcement bodies) to the extent that disclosure is necessary to protect Melbourne Park’s legitimate interests, the public interest or the safety of persons or property at the Car Park (or otherwise in accordance with Melbourne Park’s Privacy Policy – see clause 13 for further information).
13. PRIVACY COLLECTION NOTICE: Melbourne Park may collect personal information about you for operational purposes and for purposes otherwise outlined in the Privacy Policy at melbournepark.com.au/privacy/. If you do not provide this information, we may not be able to offer you the car park services. By providing your personal information, you consent to the collection, use, storage and disclosure of that information as specified in the Privacy Policy and these Terms and Conditions.
14. In these Terms and Conditions, references to ‘Melbourne Park’ means and includes its employees and agents and references to vehicle means and includes any mode of transport whether motorised or not which any person for any reason wishes to park in the Car Park.

This agreement sets out the Terms and Conditions under which Melbourne & Olympic Parks Trust ABN 95 023 915 528 (“Melbourne Park”, “we”, “us”, or “our”) agrees to provide you with parking using the Melbourne Park online booking service (“Service”). In using the Service, you agree to be bound by these terms and conditions. If you do not agree to comply with these terms and conditions, you must not use the Service. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Melbourne Park’s car park (as further detailed below).

1. Definitions

For the purpose of these Terms and Conditions, the following terms have the below meanings:

• Booking means a confirmed reservation made through Melbourne Park’s online platform for the use of its car parks for a specified period;
• Booking Period means the period of time specified in your Booking which covers the times of entry and exit into the Car Park;
• Car Park means the car park requested in your Booking;
• Online Account means your personal user account created on our Website which allows you to make, manage and view Bookings;
• Personal Information has the meaning given to that term by the Privacy and Data Protection Act 2014 (Vic); and
• Website means Melbourne Park’s website, accessible using this link: melbournepark.com.au.

2. Acceptance to these Terms and Conditions

By completing the Booking process, you agree to be bound by these Terms and Conditions as well as the:

• Melbourne Park Terms and Conditions for Parking; and
• Melbourne Park’s Privacy Policy,

which are available on the Website and are expressly incorporated into and form part of these Terms and Conditions, (collectively, the Booking Terms and Conditions).

3. Amendments to these Terms and Conditions

We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on the Website. Your use of the Service following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.

4. Your online booking

• The applicable fees for the use of the Service are those parking fees notified to you at the time of your Booking.
• A Booking is confirmed only when you receive a booking confirmation through the Service. A copy will also be emailed to your nominated email address.
• We only accept Bookings for cars and buses. Please ensure you book for the correct type of parking, as no refunds will be granted for incorrect Bookings (e.g. making a booking for a bus parking space instead of a car parking space).
• Each Booking is valid for one entry and one exit only. Re-entries are not permitted within a Booking Period.

5. Customer agreement

5.1 AGREEMENT

• You agree that:
  • You will not attempt to enter the Car Park prior to the entry date and time nominated in your Booking (subject to a grace period of up to one hour prior to your Booking Period);
  • If you enter the Car Park prior to the entry date and time nominated in your Booking, you will be charged again for your parking stay at the applicable rates displayed at the entry to the Car Park and your Booking will not be honoured;
  • If you do not leave the Car Park in accordance with the exit time specified in your Booking (subject to a grace period of one hour following the end of your Booking Period), you may be charged for the additional time between the exit time nominated in your Booking and the time you actually leave the Car Park. The additional charge for this period will be calculated at the rates specified at the entrance to the Car Park you have used;
  • If the payment method used for your Booking fails, your Booking will not be valid;
  • It is your responsibility to ensure that the vehicle registration / licence plate number you provide at the time of making a Booking matches the vehicle registration / licence plate number on the vehicle you use to enter the Car Park. If the vehicle registration / licence plate number does not match, you may be charged for your parking stay at standard rates displayed at the entry to the Car Park;
  • You must comply with any signs and any directions given to you in relation to driving and parking by Melbourne Park;
  • Your Booking may be used by you or someone you authorise, however entry to the Car Park will only be granted if the identified vehicle registration / licence plate number listed in the Booking is used to enter the Car Park; and
  • you will not attempt to resell or market any Booking, whether on its own or bundled with other products or services.
• Size and height restrictions apply at Car Park entrances. Details of these restrictions are as listed:
  • Height Clearance (metres)
  • Entrance B Roadway (Batman Avenue): 2.94
  • Entrance D Roadway (Olympic Boulevard): 4.3
  • Eastern Plaza Carpark (Olympic Boulevard): 2.1 ground level, 2.1 upper levels

You are responsible for ensuring that your vehicle complies with these requirements and any other restrictions notified to you by Melbourne Park.

• You are not entitled to any refund if your vehicle does not comply with the size and height restrictions of the Car Park.

5.2 ONLINE ACCOUNT

• You must be at least 18 years of age and be a resident of Australia to register an Online Account.
• If you create an Online Account, you will be responsible for keeping all details secure, and for all activities and changes initiated using your log in details, whether or not those activities and changes have been authorised by you.
• When creating an Online Account, you must:
  • provide complete, accurate and current information;
  • update your information to ensure it is kept current at all times;
  • use an individual email address for registration; and
  • complete any required fields with correct and valid information
• If you create an Online Account, you are responsible for keeping your login credentials, including your password, secure. You must not permit any other person to use your password or disclose it to any other person. Your login credentials must be use by you alone and your Online Account is not transferrable. If either you or Melbourne Park has reason to believe your Online Account is vulnerable or compromised, you or we must notify the other party and the parties must cooperate to minimise misuse.

6. What Melbourne Park must do

Melbourne Park agrees that:

• We must use reasonable endeavours to ensure that a space is available at the Car Park;
• If a space is not available at the Car Park, then we must use reasonable endeavours to accommodate your parking needs in accordance with the following procedure;
  • If all spaces are full in your nominated Car Park, then you may park in any non-reserved parking spaces in that Car Park;
  • If you are required to use a cheaper parking option than the cost of the space you booked, you will be entitled to a refund of the difference between the price you paid at the time of Booking and the price of the cheaper parking option (calculated on the basis of the parking rates displayed at the Car Park entrance); and
  • If all of our car parks are full or we are otherwise unable to accommodate your vehicle at any of our car parks, then:
• We will make efforts to organise alternative arrangements to accommodate your vehicle at our cost; or
• We will provide you with a refund of the applicable fee (excluding any non-refundable fees) unless you purchased your booking from any person other than Melbourne Park.

7. Refunds, Modifications and Cancellations by you

• If you purchased your Booking from any person other than Melbourne Park (such as a Melbourne Park authorised reseller) and you require a refund, modification or cancellation, you must seek that refund, modification or cancellation from that other person.

7.1 CANCELLING YOUR BOOKING

• You are only entitled to a refund from Melbourne Park where you effectively cancel a Booking 24 hours or more prior to the start of your Booking Period.
• For the avoidance of doubt, any payments made are forfeited and a refund is not available where you fail to cancel a booking 24 hours or more prior to the start of your Booking Period.
• Cancellations are only effective where:
  • you log in to your Melbourne Park online booking account and successfully cancel your Booking. Your account may be accessed at our Website or via the Booking confirmation email sent by Melbourne Park at the time of booking; or
  • if you are unable to successfully cancel your Booking via your Online Account, you notify us by email 24 hours or more prior to the start of your Booking Period (in accordance with the clause below.
• To cancel a Booking by email, you must email [email protected]. Your email must set out your full name, contact number, Booking invoice number, Booking Period and the details as to why you could not log in to your Online Account to complete the cancellation. Never send credit card details via email. Melbourne Park may in its discretion determine whether to apply a refund. Refunds are not guaranteed.
• Fees that are marked as non-refundable, including, but not limited to, credit card fees and booking fees, cannot be refunded under any circumstances.

7.2 MODIFYING YOUR BOOKING

• You are only entitled to make a Booking modification where you:
  • paid for your Booking using your own credit card; and
  • make the Booking modification:
    • For modifications to your vehicle registration / licence plate number: up to one hour prior to the start of your Booking Period for modifications made directly through your Melbourne Park online booking account, or for modifications made via email, 24 hours or more prior to the start of your Booking Period (refer to clause (b) below); and
    • For all other modifications: 24 hours or more prior to the to the start of your Booking Period.
• Modifications are only effective where:
  • you log in to your Melbourne Park online booking account and successfully cancel or modify your Booking in accordance with the timeframes stated in the clause above. Your account may be accessed at our Website or via the Booking confirmation email sent by Melbourne Park at the time of booking; or
  • you notify us by email 24 hours or more prior to the start of the Booking Period.
• To make a modification to a Booking by email, you must email [email protected]. Your email must set out your full name, contact number, Booking invoice number, Booking Period and the details to be modified to complete the modification.

8. Modifications and Cancellations by Melbourne Park

• In some circumstances, we may cancel or modify your Booking, elect not to honour your Booking or be unable to provide you with the services, including if we are unable to accommodate your vehicle in accordance with clause 6(b) of these Terms and Conditions.
• If an event in clause 8(a) occurs, we will refund you the Booking fee, unless the event was caused by your failure to comply with these Terms and Conditions.
• In no circumstances will we refund you the Booking fee if our inability to provide you with the Service requested in your Booking is caused by you failing to attend the Car Park during the Booking Period.

9. Personal Information, Privacy and Online Use

• When using the Service, you may be asked to provide information about yourself, including Personal Information. If you do not provide this information, you may not be able to complete the Booking and Melbourne Park may be unable to provide you with parking at a Car Park.
• By using the Service and/or registering an Online Account, you consent to us collecting and using your Personal Information, including disclosing such Personal Information to our staff and service providers as required to complete your Booking.
• We will collect, use, store and disclose information you provide, including Personal Information, in accordance with our Privacy Policy, which is available on our Website.

10. Limitation of liability

10.1 LIABILITY – CONSUMER GUARANTEES

• The Australian Consumer Law (as embodied in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (“ACL“) requires that certain guarantees must be given by us to you in relation to the supply by us of goods or services to you (“Consumer Guarantees“).
• Our liability to you is limited in the following ways:
  • Except as required of us under the Consumer Guarantees (as to which, see the clause above), we provide no other warranty, guarantee or assurance, express or implied, to you in relation to the Services supplied to you, and you agree and acknowledge that it is fair and reasonable, in all the circumstances, for us to do so.
  • If the Services supplied by us to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, except in the case of a failure by us to comply with a Consumer Guarantee under any of sections 51, 52 or 53 of the ACL, our liability for failure to comply with a Consumer Guarantee to you is limited to the supply of the Services again or the payment of the cost to you of having the Service supplied again.
  • We are not liable (whether in negligence or otherwise) to you in relation to such breach for any indirect or consequential loss, loss of or damage that you suffer in connection with your use of the Services or the Melbourne Park car parks, unless such damage is directly caused by Melbourne Park.
  • We will use due care and skill in providing you with facilities to pre-book car parking. However, using technology raises inherent risks you should be aware of. It is your responsibility to only access the Service using a secure connection. You accept responsibility for all risk of loss, damage or suffering if you access the Service by using public or unsecured computers or devices.
• We do not guarantee:
  • that the Service will be available at all times; and
  • that your use of the Service will be uninterrupted or error free;

11. Governing law

This agreement is governed by the laws of Victoria, Australia.  You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

12. General

• This agreement does not create any tenancy or confer any interest upon you or any authorised person by way of lease, licence, or otherwise, in any part of our car parks. You acknowledge that nothing in this agreement grants you or any authorised person exclusive possession of any part of our car parks.
• We accept no liability for any failure to comply with this agreement where such failure is due to circumstance beyond our reasonable control.
• If we waive any rights available to us under this agreement on one occasion, this does not means that those rights will automatically be waived on any other occasion.
• If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.