Press Releases Motorists beware! Carpark operators will not hold themselves responsible for loss or damage of your vehicles or valuables - CHOICE # 399 (January 15, 2010) PDF version Motorists using car park service are advised to observe good security practice and take appropriate measures to safeguard their vehicles and valuables. The advice followed a Consumer Council study of the terms and conditions governing the use of car park service for consumers. The study covered 11 car park management companies operating a total of 615 car parks throughout Hong Kong. Commonly found in these terms and conditions was the inclusion of exemption clauses with regard to car theft or valuables stolen. In the majority of cases (9 out of 11 companies), they carried exemption clauses to the effect that the companies would not be held responsible for losses of vehicles or properties in vehicles parked in their car parks. Further, in most cases (7 out of 13 sets of terms and conditions), car park employees would not accept any articles for safe custody. Upon enquiry of the Council, some companies did accept that the provision of security for vehicles parked in their car parks is a service, rightly, covered by the parking fee. The validity of such exemption clauses is, nevertheless, open to questions and legal challenge under the Control of Exemption Clauses Ordinance. Exemption clauses relating to property damage or loss are subject to the requirement of reasonableness. As such, their validity would be determined according to each individual case. On the other hand, as regards personal injuries, the Ordinance states that "a person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence". In short, it is a classic case of caveat emptor - let the buyers beware. Consumer awareness of the terms and conditions in using car park service and the observance of sensible security practice are therefore essential. One of the measures of the utmost importance is to safeguard your parking ticket. 8 out of the 13 sets of terms and conditions surveyed prescribed that the management companies may permit any person producing a valid ticket duly paid to remove a vehicle from the car park. Therefore, consumers should do their best to safely keep their parking tickets so as to avoid the tickets being accidentally found by others and their vehicles being driven away. So, what can be done in the event a motorist loses the parking ticket? The study found only a few (5 out of the 13) contained provisions in relation to the treatment of loss of parking tickets/Octopus/credit cards used to enter the car parks. Among them 3 will calculate the parking fee according to the records kept by the management companies concerned. 2 others will base their calculation either from mid-night onwards or on a day-park rate. On top of the parking fee, 4 also prescribed the levy of an administration fee between $50 and $100. The Council is of the view that where entering-time records are kept and available, car park operators should calculate the parking fees payable on the basis of these records. As regards car parks without specifying the terms and conditions on lost parking tickets, consumers need to check and find out what may happen in such a circumstance. Otherwise they run the risk of having to pay whatever the amount demanded by the car parks. The Council has found that in the great majority of car parks (530 out of 615), they accept cash or more than one type of payment method. Only 85 (13.8%) car parks accept Octopus only. To avoid unnecessary inconvenience to motorists, for car parks accepting Octopus only, the Council has put forward these suggestions: Incorporate devices that show the value left in the Octopus at the entrance so as to remind users of the remaining value in the Octopus. Install cash add-value machines within the premises of the car parks. Allow users to choose to pay at the shroff or automatic payment system inside the car parks before retrieving their vehicles. These arrangements should help avoid the situation in which the driver discovers that his or her Octopus does not have enough remaining value to pay for the parking fee when at the exit, hence obstructing the flow of traffic leaving the car park. CHOICE magazine is now also available online (at http://choice.yp.com.hk) and via fixed-line and mobile services of PCCW. Members from the media who are invited by this Council to the Press Conference may quote the content of this Press Statement. The Consumer Council reserves all its right (including copyright) in respect of CHOICE Magazine and Online CHOICE ( http://choice.yp.com.hk ).