Parking Terms and Conditions

These Conditions of Entry (Conditions) are the contract between each person entering the Car Park (you/your) and Ballina Shire Council (us/our) for your use of the Car Park.  By entering the Car Park, you accept these Conditions.  If you do not accept these Conditions, you must immediately leave the Car Park and if you do so, you will not be charged any parking fees.  These Conditions are available on our website ballinabyronairport.com.au/parking and may be varied by us from time to time.

You must:

• use the access way applicable to the Car Park area you want to park in
• only park on designated parking spaces applicable to your vehicle type
• comply with all rules, notices, directions and markings either displayed in the Car Park or given by us.  This includes any size and height restrictions that may apply to certain parts of the Car Park
• comply with all Australian Road Rules applicable to the Car Park (which may be enforced from time to time, including by the issue of infringement notices)
• not bring a trailer or caravan into the ‘reserved parking’ section of the Car Park
• not use the Car Park for camping or overnight stays
• not use the Car Park to conduct any form of commercial operation (for example picking up or dropping off passengers for a fee).

Our parking fees are displayed at the entry to the Car Park, at our Car Park pay stations and on our website ballinabyronairport.com.au/parking.  You can pay the parking fees by credit card at the Car Park boom gate, by credit card or cash at our pay stations in the airport terminal or by credit card using the QR code displayed on your ticket or by using our Car Park app, ‘PARKi’ parki.com.au, if you are registered to use it.

You must pay the parking fee applicable to the Car Park area you have used, along with any other costs we may recover from you under these Conditions, before you leave the Car Park.

To secure payment of all amounts owing to us under these Conditions (Amounts Owing), you grant us a ‘security interest’ (as defined in the Personal Property Securities Act 2009 Cth (PPSA) in the vehicle.  We may retain possession of the vehicle until all Amounts Owing have been paid and parking fees will continue to accrue during such possession.  If any Amounts Owing remain unpaid after 90 days, you agree that we may sell the vehicle and use the proceeds to pay the Amounts Owing, and you must take all steps required by us to enable us to do so.

Nothing in these Conditions limits or excludes:

• our rights or powers under the PPSA; or
• any common law or other statutory lien or other rights we may have over the vehicle.

For safety and security purposes, we may operate CCTV cameras and conduct other surveillance in and around the Car Park.  We also use licence plate recognition technology to operate the Car Park.  We will deal with any personal information we collect in accordance with our privacy policy, which is available on our website ballinabyronairport.com.au/privacy-policy.

We may, from time to time, move a vehicle to another location (whether inside or outside the Car Park):

• for operational, safety or security reasons
• if a vehicle is unregistered or appears to us (acting reasonably) to be abandoned
• if you have breached these Conditions (including not parking in a designated parking space), and you must pay our reasonable costs of removing and storing your vehicle if we have moved it because it appears to be abandoned or because you have breached these Conditions.

We may report unregistered and abandoned vehicles in the Car Park to the NSW Police Force.  If a vehicle remains in the Car Park for more than 90 days, we may treat it as abandoned and dispose of it as permitted by law.  We may recover any parking fees for the period the vehicle was in the Car Park as well as any costs of storage and disposal of the vehicle.

You enter and use the Car Park at your own risk.  You must lock your vehicle and not leave your parking ticket or any valuable items in the vehicle.  You are responsible for your security and the security of any vehicle or other personal property you bring into the Car Park.

You are liable for, and indemnify us for all loss, damage, costs (including reasonable legal costs) or expenses we may suffer or incur in respect of:

• any damage caused by you or the vehicle to the Car Park, any other property or ours or any third party property
• your wilful or negligent act or omission or breach of these Conditions, except to the extent we have been wilful or negligent.
• To the extent permitted by law, you release us from liability for:
• any personal injury to you or anyone else

• any damage to or theft of any vehicle or other personal property in the Car Park
• any other claim against us,
  except to the extent we have been wilful or negligent.

To the extent permitted by law:

• we are not liable for any indirect, special, consequential or economic loss or damage whether or not arising from our negligence or default
• we exclude all terms, conditions, warranties, guarantees (express or implied), and any liability that might otherwise apply to us in respect of these Conditions.
• We may refuse you and any vehicle access to the Car Park at our absolute discretion (including if you have breached these Conditions in your prior use of the Car Park).

These Conditions are subject to the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales.

If anything in these Conditions is unenforceable, illegal or void then it is severed and the rest of the Conditions remain in force.

In these Conditions, Car Park means the public car park provided by us at Ballina Byron Gateway Airport and any accessways to and from that car park; a reference to us/our includes our employees, agents and contractors.

When payment for parking fees is made with an accepted credit card at the paystation, exit gate or online a fee based on a percentage (which covers the credit card transaction merchant cost to the airport) of the total amount due is applied at the time of payment.