Public Car Park Terms and Conditions
Please read these Terms and Conditions carefully. They relate to the use of our Public Car Park
When the following words are used in these Terms and Conditions (the “Terms”), this is what they will mean:
1.1 “us”, “we” and “our” means Ocean Village Car Park Limited, 3-3 Leisure Island Business Centre, Ocean Village, Gibraltar, GX11 1AA
1.2 “Public Car Park” means the parking facilities designated as public parking and numbered 1 to 252 inclusive.;
1.3 “vehicle” means any vehicle used to convey passengers or items that enters the Public Car Park, including any mechanical device on wheels or tracks, its equipment and accessories; and
1.4 “VRM” means Vehicle Registration Mark.
2. Our liability to you
2.1 We will operate the Public Car Park with reasonable skill and care (“our obligations”). If we do not, we are only responsible for direct loss or damage you suffer as a foreseeable result of our breach of our obligations or our negligence.
2.2 We do not exclude or limit our liability for death or personal injury caused by our negligence.
2.3 Although we owe you the obligations set out at clauses 2.1 and 2.2 above, you should be aware that the Public Car Park is open to the general public. As a result members of the general public will enter the same and we cannot guarantee that they will not cause damage to property and/or engage in criminal activity. Accordingly, you park your vehicle in the Public Car Park entirely at your own risk. We cannot and do not guarantee the security of your vehicle and/or its contents.
The parking tariff payable by you (as varied from time to time) is displayed on the tariff board within the Public Car Park. You are obliged to pay the parking tariff and to comply with any instructions on the tariff board or other notices and as supplemented by these Terms, and failure to do so may result in us issuing you with a Parking Charge Notice (please refer to clause 5 (Parking Contraventions) of these Terms).
4. Claims and complaints
4.1 If your vehicle sustains damage while in the Public Car Park, your vehicle is stolen or any possessions are stolen from your vehicle while it is in the Public Car Park you should:
a) immediately inform either a member of staff at the Public Car Park or otherwise notify Security on 00350 200 68863 (OSP Security)
b) in the case of theft, immediately inform the police; and
c) notify your insurers promptly.
4.2 Any claims against us or complaints about the service you have received, should be addressed to Ocean Village Car Park Limited, 3-3 Leisure Island Business Centre, Ocean Village, Gibraltar, GX11 1AA as soon as possible.
Before submitting a claim, please refer to clause 2 (Our liability to you) of these Terms, which set out the extent of our responsibility to you in relation to any loss.
5. Parking Contraventions
5.1 It is important for the effective management of the Public Car Park that:
a) you comply with all signs and notices in the Public Car Park, including these Terms and the tariff board;
b) you park within the limits of a suitably numbered bay only;
c) you do not park within a bay designated for a specific purpose when you are not entitled to do so (for example, and without limitation, parking in a space designated for disabled persons without an appropriate disability badge displayed, and/or parking in a private space or space for electric vehicles when you are not using the charging facility); and
d) you pay all amounts due for your parking and comply with the requirements set out at clause 10 (Ticket
Types and Payment Methods) of these Terms
5.2 If you do not comply with these requirements we may issue you with a Parking Charge Notice requiring you to pay any unpaid parking charge(s), together with an additional amount representing an estimate of the additional expenses we will incur as a result of your non-compliance (including without limitation debt recovery costs) (the “Parking Charge”). Specific details about the Parking Charge payable are available in the Public Car Park.
5.3 Details/information relating to how to pay the Parking Charge, deadlines for payment, what will happen if you fail to make payment within the stipulated deadline, and the appeal process will be set out on the Parking Charge Notice.
5.4 By parking your vehicle in the Public Car Park you consent to us capturing, using and processing your VRM and personal details via CCTV for enforcement purposes, to calculate the relevant parking tariff (if applicable) and to recover any outstanding Parking Charge. This includes our right to request and obtain the details of a vehicle’s registered keeper.
5.5 If the Public Car Park and/or the equipment in the Public Car Park is damaged by you, your vehicle, its contents or the passengers in the vehicle then, except where the damage arises as a direct result of our negligence, we will seek to recover the full cost of that repair and all associated administration and other costs from you.
6. Security of your vehicle
6.1 Unless asked by a member of our staff not to do so in the case of emergency, please ensure that your vehicle is left securely locked with all windows securely closed and any vehicle alarm, steering lock or similar device fitted is engaged. We are not responsible for any consequence or loss arising from a failure by you to properly secure your vehicle.
6.2 We may install CCTV cameras in the Public Car Park at our discretion to assist in its proper running. We acknowledge that the cameras may act as a deterrent to criminal activity, but do not make any representation as to the coverage provided or guarantee of the security of your vehicle if CCTV is installed in the Public Car Park.
Any possessions left in a vehicle are left entirely at the owner’s risk. We strongly suggest that no items are left so that they are visible from the outside of the vehicle. We are not liable for any theft from your vehicle.
8. Traffic Orders and laws
The use of this Public Car Park may be regulated by traffic orders or laws under which a penalty may be payable for failing to comply with these Terms or the requirements of the relevant order or law. In such circumstances, separate notices specifying the relevant order or law will be displayed in the Public Car Park and we reserve the right to take enforcement action against you (including through court proceedings) for breach of such order or laws.
9. Safety in the Public Car Park
For safety reasons you are not entitled to remain in your vehicle in the Public Car Park or elsewhere in the Public Car Park except for the purposes of parking or removing your vehicle. After you have parked your vehicle, you must proceed immediately to the nearest passenger lift, staircase or exit, following the recommended route (if any). You must not, in any circumstances, enter or exit the Public Car Park by walking under a vehicle barrier.
10. Ticket Types and Payment Methods
10.1 You must pay the parking tariff using the following method)“Pay On Exit” – on arrival at the Public Car Park, we will issue you with a parking ticket. When you are ready to leave the Public Car Park, you must provide us with the ticket issued to you and pay the parking tariff either by cash or credit/debit card.
10.2 We reserve the right to use other payment methods from time to time in our Public Car Parks and you should check all signs and notices in the Public Car Park for further information about the payment methods available in the Public Car Park.
10.4 The parking ticket, issued to you is only valid for the vehicle in respect of which it is issued. A parking ticket does not entitle you unless otherwise specified, to any particular space in the Public Car Park or to priority over other customers. If you decide not to park or are unable to find a space, you should exit the Public Car Park in your vehicle immediately to prevent any parking tariff charges from arising.
10.5 If you delay exiting a ticketed Public Car Park once you have paid the fee due for the time parked, you may incur additional charges.
10.6 For the avoidance of doubt, sales or credit card receipts are not parking tickets and will not be accepted as evidence of payment, unless accompanied by a valid parking ticket. Failure to comply with the payment requirements set out in this clause 10, as applicable, will result in a Parking Charge Notice being issued in accordance with clause 5 (Parking Contraventions) of these Terms.
10.7 Subject to our procedures in place from time to time in relation to a failure to pay for parking, we reserve the right to refuse to lift the fixed barrier at the Public Car Park to allow the release of any vehicle for which payment has not been received in accordance with the appropriate payment method, including (but not limited to) where your credit/debit card has been declined, you have failed to pay by the required time limit, and/or you have failed to produce a valid and current parking ticket
10.8 If you cannot produce your parking ticket, (as required and dependent upon the relevant payment method available at the Public Car Park) on leaving the Public Car Park you will be charged the full 24 hourly rate for each 24 hour period or part period during which we determine that your vehicle has been in the Public Car Park as we determine in our sole discretion. We may also charge an administration fee in respect of our time and costs incurred in dealing with any such non-payment.
11 Access and re-location of vehicles
11.1 We reserve the right to refuse the admission of any vehicle to the Public Car Park for any reason whatsoever.
11.2 We reserve the right to clamp vehicles which have breached our Terms. Penalties for removal of clamps are displayed within the Public Car Park
11.3 We reserve the right to move vehicles within the Public Car Park using whatever method we consider appropriate (even if, as a consequence, damage is caused to your vehicle) to the extent that it is reasonably necessary for the purposes of safety to persons or property, or to avoid obstruction at the Public Car Park.
11.4 We additionally reserve the right to use a lawful authority to remove any vehicle to another reasonably convenient car park, whether or not operated by us, where the Public Car Park has to be unexpectedly closed permanently or temporarily, either in whole or in part, due to a matter outside of our control, or if the Public Car Park has to be evacuated in an emergency.
11.5 To the extent that it is necessary to do so in the exercise of the rights conferred upon us in this clause
11, we reserve the right to drive or otherwise take your vehicle onto a public highway. In doing so we will take reasonable care of the vehicle.
12 Abandoned vehicles
12.1 We are entitled to regard as abandoned any vehicle left in the Public Car Park for more than 72 hours without prior authorisation.
12.2 We reserve the right to engage and/or permit a lawful authority to remove (or where we are unable to identify the current legal registered keeper of the vehicle, to take steps ourselves to remove) and to dispose of as waste or sell any abandoned vehicle. Before proceeding with the disposal or sale of abandoned vehicles we will:
a) notify the Police; and
b) affix a notice to the vehicle at least 7 days before the date on which we propose to remove the vehicle stating that the vehicle will be removed and sold when that period expires.
12.2 Abandoned vehicles will be disposed of as waste or sold by auction. Where sold by us, the proceeds of sale will be applied in and towards satisfaction of all sums owing to us together with the expenses of sale and our reasonable storage and removal costs for the period during which the vehicle is in our possession.
12.3 Any balance of the sale proceeds remaining after satisfaction of any sums owing will be held by us or our agent on behalf of the registered keeper of the vehicle and paid over on proof of entitlement.
13 Prohibited activities
13.1 You must not tow any vehicle into the Public Car Park except as part of the services offered at the Public Car Park by persons authorised by us and no work on and no cleaning of vehicles by you or your agent, other than with our prior specific permission, is permitted in the Public Car Park. In the event of vehicle breakdown you must contact the Public Car Park attendant to ensure that your vehicle removal or repair is organised without causing disruption, damage or danger to any other person or property in the Public Car Park.
13.2 No activity in connection with the selling, hiring or other disposal of vehicles or goods or services may be carried out in the Public Car Park without our prior specific written permission.
13.3 You are not allowed to dispose of any items or drop litter in the Public Car Park. Please place any rubbish/litter in the bins that are provided or take it away with you when you leave the Public Car Park.
13.4 You are not allowed to pour petrol, or any other fuel, into your vehicle whilst it is in the Public Car Park. You are also not allowed to take petrol, or any other fuel, out of your vehicle whilst it is in the Public Car Park.
13.5 Smoking is forbidden within both the Public Car Park and the immediate vicinity of the Public Car Park.
13.6 Anti-social behaviour will not be tolerated in our Public Car Parks. This includes (but is not limited to) drinking alcohol, taking or dealing with illegal substances, urinating, fighting and/or loitering, defacing or damaging vehicles or property. Car parks are designed for the sole purpose of parking vehicles. If an individual causes a nuisance or disturbance to others it may be recorded by CCTV cameras and action may be taken against them.
13.7 You should not take photos or carry out any filming within the Public Car Park without our prior written consent.
14 Variation of the Terms
These Terms cannot be varied except in writing by us. Nothing said or done by any of our employees or agents is capable of varying these Terms.
Each of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If you have any queries relating to these Terms, please call us at +350 20040048