Many shopping malls offer car parking promotions to attract drivers to visit and extend their stay, thereby boosting footfall and revenue for tenants. However, such promotions come in a vast variety, ranging from day‑parking or night‑parking discounts, to free parking upon spending a designated amount, and each type of discount is subject to different terms and conditions. The Consumer Council has from time to time received complaints related to parking promotions, including advertisements or promotional materials of the offers failing to specify the applicable parking spaces, disputes arising from the definition of “electronic payment”, and failure to enjoy the parking privileges due to not reaching the registration time. The Council observes that clear display of promotional terms by car parks and malls is critical for avoiding unnecessary consumption disputes. Therefore, the terms and conditions should be clearly set out in a concise and easy‑to‑understand manner in a larger font size on relevant promotional materials, and should also be displayed at visible locations, so that drivers could read them before entering the car park and make informed choices. In addition, as payment tools and digital currency have developed rapidly, traders should regularly review their terms to keep pace with the times. In case of unclear terms, traders could consider flexible handling to avoid unnecessary disputes and to improve consumer experience. Drivers could also refer to the website of the car park or shopping mall in advance to fully understand the conditions and terms of the parking offers, and pay close attention to relevant notices on site to avoid exceeding their budget.
Case 1: “24‑Hour Unlimited Parking” Limited to “Inner Zone” but Not Stated on Promotional Banner
Final Charge Exceeded Expectation by Over 7 Times
The complainant noticed a large banner advertisement outside Car Park A, with large text indicating a “24‑hour unlimited parking” charge of $145 for private cars. She thus parked her private car at Car Park A at around 9pm that night and left at around 7pm the next day, with an actual parking duration of around 22 hours. However, when the complainant drove to the exit and tapped the card to pay, the parking charge amounted to $1,210, far higher than the advertised $145. The complainant immediately enquired with the on-site staff, who stated that the “24‑hour unlimited parking” offer required the vehicle to be parked in the “inner zone” of the car park. As the parking space used by the complainant was not located in the “inner zone”, the charge had to be calculated based on the hourly parking rate of $55, with the total amounting to $1,210 for 22 hours. Upon reviewing the promotional banner, the complainant found that the requirement was not specified, and the banner only indicated in fine print that the discount was “subject to terms and conditions”. Furthermore, the complainant considered that the “inner zone” of Car Park A required entering through another gate, yet no clear signs were seen at the car park entrance or inside the car park to inform private‑car drivers that they must park in the “inner zone” to enjoy the car park offer. This could cause consumers to mistakenly park in other spaces, resulting in parking charges far exceeding their budget. Therefore, the complainant lodged a complaint with the Council and requested Car Park A to refund the difference in the parking fee.
Car Park A replied that the relevant promotional banner had stated that the offer was subject to terms and conditions, and that details of the terms were also posted next to the car park gate, indicating that the offer only applied to the “inner zone” of Car Park A. Opining that it would be difficult for drivers to stop at the car park gate to read the lengthy terms and conditions in fine print, the Council suggested Car Park A to reconsider the case of the complainant. Car Park A eventually agreed to make a discretionary arrangement and refunded the difference of $1,065, and the case was resolved.
Case 2: Unclear Definition of Electronic Payment
Causing the Complainant to Lose Free Parking Offer
Shopping Mall B offered a free parking offer. Consumers could enjoy 2 hours of free parking upon spending $500 at the mall using “electronic payment” (including credit cards), by presenting the receipt and the electronic payment slip at the customer service centre for registration. After having dinner at a restaurant in Shopping Mall B, the complainant paid $1,200 using a credit card stored in an e‑wallet. However, when the complainant proceeded to the customer service centre to register for the parking discount, he was told that the e-wallet used for the payment did not fulfil the definition of “electronic payment” for the discount, thus the complainant could not enjoy the free parking offer. He immediately checked the offer terms, which listed credit cards as an example of “electronic payment”, and did not state that the e‑wallet he used was not considered “electronic payment”. Therefore, the complainant believed that he should have met the requirements for enjoying the offer. However, the staff still refused to process the parking offer. The complainant had no choice but to pay the $60 parking fee first, then lodged a complaint with the Council, hoping to have the parking fee refunded.
Upon the Council’s conciliation, Shopping Mall B offered a 2‑hour free parking voucher for the complainant to use during the next parking, as a token of appreciation for his comments on the parking offer terms, thereby resolving the case.
Case 3: Staff Failed to Mention Time Limit When Promoting the Offer
Unable to Enjoy Offer Despite Reaching Required Spend
The complainant arrived at Shopping Mall C at 7:45am for dim sum breakfast. The car park attendant informed her of a newly introduced free parking offer where customers could enjoy 2 hours of free parking by spending $400. The complainant also saw a poster of the parking offer when taking the lift, but did not read the content of the poster at the time. She finished the meal at around 9:10am and brought a receipt of $590 to the customer service centre to register for free parking. However, the staff informed the complainant that the registration system for the parking offer would only be available from 10am, and therefore could not process the offer for the complainant. It was only at this point that the complainant discovered the time limit for discount registration stated on the poster. Dissatisfied that the car park staff did not mention the relevant time limit when initially introducing the discount, she lodged a complaint with the Council requesting a refund of the $84 parking fee.
Shopping Mall C replied that the posters of the parking offer posted in different areas within the mall had clearly stated that the registration time for the discount was from 10am to 11:59pm daily. However, upon the Council’s conciliation, the mall agreed to make a discretionary arrangement and provided the complainant with a 2‑hour free parking voucher for the next use. The case was thus resolved.
Recommendations for Traders When Offering Parking Offers:
- Besides highlighting the discounted charge on promotional materials such as banners and posters for parking offers, the relevant terms and conditions should also be stated;
- Considering that drivers might not be able to stop and read lengthy terms before parking, the terms should be concise and easy to understand, and in enlarged font size for easier reading. Traders could also consider displaying the terms at locations more visible and facilitates reading before drivers enter the car park, to facilitate informed choices;
- The terms should clearly set out the conditions for enjoying the offer, including the amount, time period, transaction type, payment method, etc. If there are situations in which the offer is not applicable, such as non‑acceptance of certain payment tools, these should also be clearly stated to avoid unnecessary disputes;
- Traders could consider extending the hours of the parking offers to align with the opening hours of the shops in the mall, so as to enhance consumer experience and attract more customers;
- Strengthen training to ensure staff members are familiar with the relevant charging policies and offer terms.
Reminders for Drivers Hoping to Enjoy Parking Offers:
- Car parks might have different parking charges and offers during different time periods, such as day‑parking or night‑parking. Drivers should pay attention to the details of the charges, such as the billing unit, and whether there are designated parking zones or time periods;
- Drivers could refer in advance to the website of the car park or shopping mall, or pay attention to the notices posted on site, and read the details and terms of the parking offers carefully;
- Before parking, drivers should also pay attention to whether parking spaces are designated spaces, such as monthly‑rental spaces, to avoid parking in the wrong place, which might lead to impounding or fines.
Download the article (Chinese only): https://ccchoice.org/592-carpark
Consumer Council reserves all its right (including copyright) in respect of CHOICE magazine and Online CHOICE.