Car Park Terms & Conditions
· These Terms and Conditions apply to all individuals using the Car Park at Liffey Valley Shopping Centre.
· Signs directing customers to these Terms and Conditions should be prominently displayed in the car park.
· These Terms and Conditions should also be made available to anyone booking a car parking space through the Liffey Valley Shopping Centre booking service so Customers are aware they are incorporated in their contract.
· It is also customary to refer to these terms (and where they are available) on each paper-ticket which is printed.
CAR PARK TERMS AND CONDITIONS
These Terms and Conditions apply to any Customer using the car parking services at Liffey Valley Shopping Centre.
Hines reserves the right to change and update these Terms and Conditions from time to time.
Please remember that the Car Park is open to the public and it is not possible to guarantee the security of your Vehicle and its contents.
1. Definitions
1.1 In these Terms and Conditions any reference to “Hines”, “we”, “us” or “our” refers to Hines Ireland M.S.O Limited, Third Floor, Central Quay, Riverside IV, Sir John Rogerson’s Quay, Dublin 2.
1.2 Any reference to “Customer”, “you” and “your” refers a person who has entered into a contract for the parking of a Vehicle at the Car Park. All customers entering into a contract with us for the parking of a Vehicle at the Car Park, by entering the car park will be considered to do so on behalf of themselves and all other persons with whom they hold themselves out as representing.
1.3 “Car Park” means the parking facility operated by Hines in the vicinity of Liffey Valley Shopping Centre, Fonthill Rd, Clondalkin, Dublin 22.
1.4 “Our Representative(s)” means any of our officers, agents and employees (acting in the course of business and within the scope of their duties towards us) and any of our agents’ officers, agents and employees (acting in the course of business and within the scope of their duties towards us). Our agents include, but are not limited to, APCOA Parking Ireland Limited (APCOA).
1.5 “Vehicle” means any vehicle which enters into the Car Park and includes any mechanical device on wheels or tracks, its equipment, accessories and everything that may be left in or on it.
2. Our Responsibilities and Liabilities
2.1 We have an obligation to you, in return for the parking charge or charges paid or to be paid by you, to provide a space in the Car Park, if one is available, in which to park a Vehicle for the time allowed based on the amount paid or to be paid. We have no obligation to maintain custody over the vehicle or its contents.
2.2 You should be advised that the car parking areas are the private property of Hines. Hines offers no warranty or indemnity as to the protection or safety of the vehicles left in the car parking areas or any goods left within the vehicles. The use of the car parking areas, and the use of any services provided by a third party in the car parking areas, is entirely at your own risk. Hines, and our Representatives accept no liability in respect of:
(a) any loss, destruction, damage or theft of or from the Vehicle or the contents of the vehicle; or
(b) any death or personal injury sustained by you and/or other person.
2.3 Nothing in these Terms and Conditions excludes or limits the liability of Hines for:
(a) death or personal injury caused by Hines’ negligence;
(b) any matter for which it would be illegal for Hines to exclude or attempt to exclude its liability; or
(c) fraud or fraudulent misrepresentation.
2.4 You will indemnify us against all claims, demands and costs whatsoever arising out of or in connection with the presence of the Vehicle in the Car Park unless you can prove that the loss, damage, death or injury the subject matter of such claims or demand was caused solely by the negligence or breach of statutory duty of us, our servants or agents. Every Customer, when he/she enters into a contract with us for the parking of a Vehicle at the Car Park, whether by purchasing a ticket or otherwise, enters into this Clause 2.4 both on behalf of him/herself and as agent for and on behalf of all other persons having proprietary, possessory or other financial or material interest in the Vehicle (and including, for the avoidance of doubt, the contents and/or anything stored in the Vehicle), any passengers in the Vehicle on entering or leaving the Car Park and any person(s) he or she may permit to access or use the Vehicle while it is in the Car Park as principal(s), and warrants his/her authority to so contract and represent and act as agent for and on behalf of such person(s) and/or entity/entities for this purpose.
3. Use of the Car Park
3.1 Any person who enters the Car Park is taken to agree, in return for the use of the Car Park in accordance with these terms and conditions, to be bound by and to comply with all of these terms and conditions.
3.2 Only the following people have permission to enter or remain in the Car Park:
(a) our authorised Representatives;
(b) any owner of a Vehicle who comes into the Car Park to park it in connection with visiting Liffey Valley Shopping Centre, or to collect and remove the Vehicle, provided that all charges due to us are paid before it is removed;
(c) any passenger travelling in a Vehicle with the permission of its owner when the Vehicle is brought into the Car Park in connection with visiting Liffey Valley Shopping Centre or who is intending to travel in the Vehicle, with the permission of its owner, when it leaves; and
(d) any owner of a Vehicle, or person authorised by its owner, who requires access to the Vehicle while it is parked in connection with visiting Liffey Valley Shopping Centre.
3.3 Permission is not given for vehicles of a type expressly excluded by notices at the entrance to the Car Park.
3.4 If you are not a person with permission to enter or remain in the Car Park, any Representative may require you to leave at any time and they are authorised if necessary to call for Garda assistance to have you removed.
3.5 If you have another reason to visit the Car Park or have an enquiry regarding a Vehicle on the site you should approach a Representative before entering the Car Park.
3.6 We are entitled to check whether anybody who is in the Car Park has permission to be there and a legitimate reason for being there. Your cooperation is appreciated as this can help to improve security.
4. Parking Charges
4.1 All parking charges are displayed on the appropriate tariff boards displayed in the Car Park. We reserve the right to alter the parking charges at any time in our sole discretion. Any changes will be applied immediately when the rates displayed on the tariff boards are changed.
4.2 If you are a member of Liffey Valley Shopping Centre retail staff, or otherwise employed in the Liffey Valley Shopping Centre, you may apply for a discounted parking rate in accordance with the Liffey Valley Shopping Centre Staff Parking Policy (the “Parking Policy”) which is available via Liffey Valley Shopping Centre management. You may avail of such discounted rate provided you:
(a) have been determined by Liffey Valley Shopping Centre management to be entitled to such discounted rates (and can present proof of entitlement on request);
(b) comply with the terms of the Parking Policy and these Terms and Conditions; and
(c) park your Vehicle in the locations/areas designated for such parking and which we notify you of from time to time.
For the avoidance of doubt please note that we are not party to, do not provide and are not responsible for the Parking Policy or for determining your entitlement to a discounted parking rate.
4.3 Cashless payment may be made with debit or credit cards or other electronic means where available.
5. Safety and Security
5.1 Please ensure that at all times your Vehicle is securely locked and where an alarm is installed it is activated.
5.2 When you have parked your Vehicle, it is your responsibility to:
(a) lock your Vehicle securely;
(b) fully close all windows of your Vehicle;
(c) apply your handbrake properly;
(d) engage any steering lock, alarm or immobiliser you have;
(e) not leave any animal or person within your Vehicle; and
(f) ensure that your possessions are placed in a locked boot and are not on display.
5.3 We cannot be held responsible for any loss or damage whatsoever occurring to your Vehicle or possessions within it.
5.4 Speed Limit: There is a maximum speed limit in the Car Park of 10 km/h.
5.5 You must drive carefully and responsibly in the Car Park. You must also ensure that any children and animals are properly supervised and are at all times accompanied when they are using the Car Park. Please take care to be aware of all Vehicles in motion within the Car Park.
5.6 You must comply with all directional signage and other instructions when in the Car Park.
6. Moving of Vehicles
6.1 We or our Representatives reserve the right to move any Vehicle within or outside the Car Park to whatever extent as we may deem necessary and sufficient to carry out the efficient management of our parking facilities. Vehicles parked otherwise than in a designated parking space may be towed away without notice and any cost of recovery and storage will be charged to you.
7. Warnings, Parking Charge Notices and Clamping for breaches of parking restrictions
7.1 We and our Representatives have a responsibility for the enforcement of parking which is essential for the free flow of traffic and for safety. Restrictions on where you may park will be indicated on signage displayed in the Car Parks or by markings on the ground and it is your responsibility to check that your Vehicle is not parked such that it is in breach of any restriction.
7.2 We or our Representative may issue warnings, parking charge notices and clamping of your vehicle for breaches of the restrictions, including but not limited to, parking:
(a) in an area in the Car Park not specifically designated for parking, or in a restricted area in the Car Park;
(b) beyond the bay markings in a single designated Car Parking bay; and
(c) parking in a bay reserved for another purpose, including but not limited to:
(i) parking in a disabled person’s parking space without clearly displaying a valid disabled person’s badge belonging to yourself or another occupant of the vehicle;
(ii) parking a motor-cycle anywhere in the Car Park, other than in an area designated for that purpose; and
(iii) parking in an EV charging space without actively charging your vehicle
(iv) parking in a “Parent and Child” space when you are not accompanied by young children at the time of parking
7.3 Details of the procedure from time to time in force for paying a parking charge notice/clamp or appealing against the issue of a parking charge notice/clamp are set out on the back of each parking charge/clamping notice.
8. Abandoned Vehicles
8.1 We reserve the right to clamp any Vehicle which we reasonably believe to have been abandoned and shall be entitled to regard as abandoned any Vehicle which has been in the Car Park for more than 14 days.
8.2 We have the right to charge a de-clamping fee for removing the clamp. Wheel clamps are our property. Anyone damaging or removing a clamp without authority will be reported to the Gardaí.
8.3 While the Vehicle remains in the Car Park, parking charges will continue to apply at the current daily rates and will also be added to any earlier outstanding charges (including any de-clamping charge) which must be paid before the Vehicle is released).
9. Liens
9.1 Every vehicle in the Car Park is subject to a lien for all charges due or accruing from you to us, such liens to be in existence whenever the vehicle is in the Car Park. If such charges due are not satisfied within 28 days of notice given by us of our intention to sell the vehicle if payment is not made, we may sell your vehicle by auction or otherwise, and the proceeds of the sale will be applied in and towards satisfaction of all sums owing to us by you together with the reasonable expenses of such sale, and in connection with such sale we shall be entitled to deduct reasonable garage charges in respect of the period during which the vehicle is in our possession.
9.2 The notice mentioned in Clause 9.1 shall be deemed to have been properly and sufficiently given by the affixing of a written notice to the Vehicle, whether or not you receive or view this notice.
9.3 Any balance of purchase price remaining after the satisfaction of such sums due to us shall be held by us on behalf of the registered owner of the vehicle. Notice of intention to sell the vehicle if payment is not made shall be deemed to have been properly and sufficiently given by the sending of written notice by prepaid post, addressed to the registered owner at their last known address, whether or not the same is actually received.
10. Prohibited Activities
10.1 You are not allowed to tow or have towed a Vehicle into a Car Park.
10.2 You are not allowed to spend an excessive amount of time (as determined by us) in your Vehicle whilst it is parked in the Car Park this includes sleeping in your Vehicle or staying overnight in a Vehicle.
10.3 You are not allowed to park anywhere except in a marked bay.
10.4 The following activities are not permitted at any time in the Car Park:
(a) conducting any service work, cleaning (unless carried out by our employee or agent/Representative) or repairs to the Vehicle;
(b) partaking in any business activity in connection with selling, hiring or other disposal of the Vehicle;
(c) filling or emptying of fuel tanks;
(d) misusing or damaging any facilities in the Car Park;
(e) driving dangerously or too fast;
(f) making unnecessary noise, including playing music in any way that annoys other users of the Car Park or people who live or work nearby;
(g) filming or taking photographs;
(h) cooking or lighting fires;
(i) using the full facilities of a camper van, including but not limited to the toilet, bathroom and kitchen;
(j) doing or attempting to do anything which is a criminal offence; and/or
(k) doing or attempting to do anything which, in our reasonable opinion would cause a danger to yourself or to others.
10.5 Permission to use the Car Park is automatically withdrawn if you or your passengers or anyone else under your control do any of the things prohibited in Clause 10.4.
10.6 Your Vehicle may not be parked, left and/or present in the Car Park for more than two consecutive days.
11. Reporting of Incidents and Claims
11.1 If you suffer loss of, from or damage to your Vehicle whilst in the Car Park or sustain any personal injury you should ensure that:
(a) you immediately report the incident to the staff (including our Representative);
(b) if theft is involved, you report it to the Gardaí immediately; and
(c) your insurance company is notified promptly.
11.2 If you wish to make a claim against us or any of our Representatives you must ensure that within 48 hours full details of the occurrence is received by us and/or the Representative either through the head office or the location manager. Before submitting this claim please ensure that the claim falls within our Representative’s or our area of responsibility – see Clause 2 “Our Responsibilities and Liabilities” above.
11.3 Failure to comply with the above procedure may prejudice your claim.
12. Force Majeure
12.1 We do not accept liability for any lack of access to the car park caused by reason of war or threat of war, riots, civil strife, terrorists activity, industrial disputes, natural and nuclear disaster, fire, adverse weather conditions or technical problems to transport, closure or congestion of airports, cancellation or changes of schedules by airlines and all similar events beyond our control. Further, we cannot accept responsibility where the performance or prompt performance of this contract with you is prevented or affected as a result of such circumstances beyond our or your control.
13. General
13.1 Nothing in these terms and conditions shall take away or modify any of your statutory rights or entitlements.
13.2 These terms and conditions constitute the whole agreement between us and you. However, we reserve the right to amend these terms and conditions at any time.
13.3 These Terms and Conditions constitute the entire agreement between you and Hines with respect to the provision of the relevant services.
13.4 These terms and conditions are governed by and shall be construed in accordance with Irish Law and any claims arising under them are subject to the exclusive jurisdiction of the Irish Courts.
13.5 If any provision of these terms and conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these terms and conditions, and the validity and enforceability of the other provisions of this agreement shall not be affected.
13.6 If a provision of these terms and conditions (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.