By entering this car park (subject to clause 1), you (and all those claiming through you) accept that a contract is formed between us on the terms and conditions (‘Terms’) set out below. If you booked your park online, the terms and conditions that apply to Melbourne Airport’s online booking system continue in force.
1. If you do not accept these Terms you and the vehicle in which you entered (‘Vehicle’) must immediately leave the car park. If you leave immediately, you will not be charged a parking fee.
2. You must comply with all rules and directions displayed within the car park and any directions given to you by our staff.
3. We warrant that any services provided by us will be rendered with due care and skill. We make no other express warranties in relation to the services we provide. All other warranties, representations and conditions relating to the services (whether express or implied and whether arising in contract, at common law or under statute) are to the maximum extent permitted by law expressly excluded.
4. You acknowledge that our liability under any statutory right, or any condition or warranty implied by the Competition and Consumer Act 2010 (Cth) which cannot be excluded, is to the extent permitted by law limited (at our option) to the re-supply of the services or the payment of the cost of having the services supplied again.
5. To the extent permitted by law, you acknowledge that we are not liable to you (or any passengers in the Vehicle, or any other party) for any loss, damage, injury or any incidental, indirect, special, consequential or economic loss or damage (including loss of opportunity, exemplary or punitive damages) whether to person or property (including the Vehicle) and whether arising from default, negligence, misconduct or otherwise by us, our employees, agents and contractors.
6. You must pay us all parking fees and other costs which we may incur in relation to the Vehicle upon demand. A further parking fee is payable each time the Vehicle enters the car park.
7. Without limiting the general and/or particular lien we have over the Vehicle left in the car park (which liens are expressly preserved), we reserve the right to retain possession of the Vehicle until all parking fees and other costs incurred by us in respect of the Vehicle have been paid. Parking fees will continue to accrue during the period that we retain the Vehicle until we recover all fees and costs.
8. You acknowledge that by parking in the car park, you and your Vehicle are subject to the Airports Act 1996 (Cth) & the Airports (Control of On-Airport Activities) Regulations 1997 (Cth) (“the Act”). If you breach these Terms and do not take steps to remedy the breach, or if your Vehicle appears to us to be abandoned, we may exercise our rights to move the Vehicle in accordance with the Act. Our current policy is to remove vehicles after 60 days in a car park, except in the Long Term and Value Long Stay car parks, in which our policy is to remove vehicles after 90 days. Unless you notify us in advance to the contrary, any Vehicle remaining in our possession for more than 3 months after being moved will be deemed abandoned, and we may exercise our right of sale in accordance with the provisions of the Act.
9. Where necessary for operational, safety or security reasons or otherwise permitted by law, we reserve the right to enter the Vehicle and move it. To the extent permitted by law, you agree that we have no liability for any loss or damage caused as a result of entering and moving the Vehicle for these purposes.
10. You are liable for any damage caused by you or the Vehicle to the car park including, but not limited to, any damage caused by oil or other substances which leak from the Vehicle.
11. To the extent permitted by law, you indemnify us and agree to keep us indemnified against all losses which we may suffer arising from or in any way relating to: (a) a breach of these Terms by you; (b) the Vehicle; or (c) the use of the car park by you, passengers of the Vehicle or any other person with your authority.
12. Unless you booked online, a credit card processing fee will be added to credit card transactions. The fee varies depending on the credit card provider and is set as follows: VISA - 1.00%, MasterCard - 1.00%, Diners Club - 2.28%, American Express - 2.41%.
13. Vehicles must be parked with marked bays only.