Terms and conditions of parking in the Hamer Street car park

ASB Waterfront Theatre Car park Conditions of Sale & Use

The Car park at Hamer Street, Wynyard Quarter (the ”Car park”) is operated by Auckland Theatre Company Limited (ATC) on a non-exclusive basis under a right granted by ASB Bank Limited (ASB).  The purchase of a ticket and the use of this Car park creates no relationship with ASB whatsoever.

  • Entry to the Car park is upon acceptance of the conditions of use set out below. If you do not accept the conditions set out below, you cannot park at the Car park.
  • This Car park is for use only during the stated hours of operation and then only for parking or retrieval of motor vehicles.
  • You must remove your vehicle before the advised closure time. Vehicles left in the Car park after that time will be towed away at your risk and expense.
  • You bind the owner of the vehicle you are driving into the Car park to these conditions and warrant your authority to do so.

TO ALL PERSONS ENTERING THIS CAR PARK WITH A VEHICLE

 

  1. THESE CONDITIONS APPLY FROM THE MOMENT OF ENTRY INTO THIS CAR PARK BY YOU AND YOUR VEHICLE AND APPLY 24 HOURS A DAY, 7 DAYS A WEEK.
  2. CAR PARK RULES
    1. You must remove your vehicle before the advised closure time. Vehicles left in the Car park after that time will be towed away at your risk and expense.
    2. MONITORED CCTV CAMERAS ARE OPERATING 24 HOURS A DAY 7 DAYS A WEEK.
    3. THE CONSUMPTION OF ALCOHOL IS STRICTLY PROHIBITED ANYWHERE IN THIS BUILDING.
    4. DISTRIBUTION OF ANY ADVERTISING MATERIAL IS STRICTLY PROHIBITED – OFFENDERS WILL BE HELD LIABLE FOR REMOVAL AND DISPOSAL COSTS.
    5. NO LOITERING OR CAMPING
    6. CHILDREN OR ANIMALS ARE NOT TO BE LEFT UNATTENDED IN YOUR VEHICLE AT ANYTIME WHILE IN THE CAR PARK.
  3. YOU:
    1. MUST COMPLY WITH ALL RULES AND DIRECTIONS DISPLAYED IN THE CAR PARK FROM TIME TO TIME AND WITH ALL RELEVANT LAWS;
    2. MUST PAY THE PARKING FEES SET BY ATC PRIOR TO ENTRY.
  4. YOU MUST NOT:
  5. OBSTRUCT OTHER PERSONS OR VEHICLES USING THE CAR PARK;
  6. PARK IN ANY AREA MARKED “RESERVED” OR “NO PARKING” OR OUTSIDE OF THE LINE-MARKED BAYS UNLESS DIRECTED TO DO SO;
  7. THE VEHICLE YOU ARE PARKING IN THIS CAR PARK MUST:
  8. HAVE A CURRENT WARRANT OF FITNESS AND REGISTRATION;
  9. BE ROADWORTHY;
  10. BE ABLE AT ALL TIMES TO BE DRIVEN UNDER ITS OWN POWER; AND
  11. NOT PRESENT ANY DANGER OR RISK TO OTHER VEHICLES OR PERSONS OR THE CAR PARK.
  12. IF YOU BREACH THESE CONDITIONS WE REMOVE YOUR VEHICLE BY HAVING IT TOWED AT YOUR RISK AND EXPENSE AND WE MAY HOLD THE VEHICLE UNTIL ALL OUTSTANDING DEBT AND FEES HAVE BEEN PAID. ALL LEGAL RIGHTS AND REMEDIES AND APPLICABLE COUNCIL BYLAWS WILL BE PURSUED IN THE ENFORCEMENT OF THESE RULES AND TERMS.
  13. YOU ARE LIABLE FOR ANY DAMAGE TO THE CAR PARK FACILITIES OR ANY OTHER VEHICLE CAUSED BY YOU OR YOUR VEHICLE.
  14. WE ACCEPT NO LIABILITY FOR ANY CLAIM BY YOU OR ANY OTHER PERSON, WHETHER FOR LOSS OR DAMAGE TO YOU OR ANY OTHER PERSON, OR TO YOUR VEHICLE OR ANY OTHER VEHICLE, WHETHER RESULTING FROM USING THE CAR PARK OR BEING UNABLE TO USE THE CAR PARK OR FROM OUR NEGLIGENCE OR OTHERWISE.
  15. 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.
  16. YOU 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 WITH YOUR AUTHORITY.
  17. YOU MUST PROVIDE US WITH YOUR FULL NAME, ADDRESS AND PROOF OF IDENTITY IF ASKED BY US. PRESENTATION OF A PARKING TICKET DOES NOT CONSTITUTE OWNERSHIP OF THE VEHICLE ASSOCIATED WITH THE TICKET AND WE RESERVE THE RIGHT TO REFUSE TO RELEASE THE VEHICLE IF LEGITIMATE PROOF OF OWNERSHIP CAN NOT BE MADE BY THE TICKET HOLDER.
  18. IF WE FAIL TO ACT OR PURSUE ANY RIGHT OR REMEDY AVAILABLE TO US THIS DOES NOT AFFECT OR LIMIT OUR RIGHT TO EXERCISE THAT OR ANY OTHER RIGHT OR REMEDY.
  19. NO ONE IS AUTHORISED TO WAIVE OR AMEND THESE CONDITIONS ON OUR BEHALF.

INTERPRETATION

  1. IN THESE TERMS AND CONDITIONS:
  2. claim” includes any claim for damage, loss or compensation; and any demand, remedy, liability or action.
  3. damage” includes direct, indirect, consequential and special damage.
  4. outstanding debt” includes previous unpaid parking fees and/or unpaid enforcement notices.
  5. vehicle” includes its accessories and contents.
  6. we” and “us” means Auckland Theatre Company and includes any of its employees, agents and independent contractors.
  7. you” includes both the driver and the owner of the vehicle entering this car park.
  8. your vehicle” means the vehicle or motorbike which you are driving, regardless of whether it is owned by you.