Marina Island Pangkor Carpark Services

GENERAL TERMS AND CONDITIONS
PARKING FACILITY AT MARINA ISLAND

1. This Terms and Conditions applied for all Visitors, Tourist and Season Pass Holder (if any). By entering this parking facility, you are deemed to have agreed to our Terms and Conditions set out below. If you do not accept these Terms and Conditions, immediately leave the parking facility.
2. These Terms and Conditions apply from the moment that you drive your vehicle into this parking facility and apply 24 hours a day, 7 days a week. You also bind the owner of the vehicle you are driving to all these Terms and Conditions and warrant your authority to do so.
3. Your entrance and use of this parking facility are at your own risk. We assume no responsibility nor liability for any losses and damages that might occur, arising out of your negligence and/or omission in using the parking facility and/or your failure to comply with these Terms and Conditions.
4. You shall waive/indemnify us against any claims of whatever nature against us, including but not limited to any loss of life or personal injury to any person(s) or for any loss, theft or damage whatsoever or howsoever arising out of your negligence and/or omission in using the parking facility and/or your failure to comply with these Terms and Conditions.
5. You shall ensure that:

• you shall walk on the designated walkways.
• you shall ensure that your vehicle is securely locked.
• you park your vehicle at the designated parking lots only.
• children are accompanied and properly supervised at all times.
• any possessions left in your vehicle are left entirely at your own risk.
• you shall not park at the disabled parking lots without a valid parking sticker.
• you shall comply with all signage, directions and reasonable requests made by us.

6. Payment and non-compliance to the Terms and Conditions
6.1 You agree that: –
a) You must not park in a parking lot over the stipulated parking time.
b) You must not obstruct other persons or vehicles using the parking facility.
c) You must pay on entry or pay upon leaving the parking facility/parking lot of your vehicle.
d) Lost Ticket will be charged at the rate of RM250 excluding parking charges.
e) You must not park your vehicle in any area marked “RESERVED” or “NO PARKING” or with a LICENSE PLATE NUMBER allocated, or outside of the line-marked parking lot.
f) The vehicle you are parking in this parking facility must be in safe working order, be roadworthy and be able at all times to be driven under its own power and do not present any danger or risk to other vehicles or persons or the parking facility.
g) You will have to pay fines upfront in case of disputes and an appeal to be made in writing to the management of Goldhill Optimum Sdn. Bhd. via email pa[email protected]. and the outcomes will be determined only after investigations by Goldhill Optimum Sdn. Bhd.
h) You must comply with all rules or directions displayed in the parking facility from time to time and also terms and conditions stated on www.marinaisland.com website with all relevant laws.

6.2 If you breach clauses 5.1 of the above, you agree that we may apply a clamp to your vehicle including motorcycle and/or remove your vehicle by having it towed at your own risk and expense and we may hold the vehicle until all outstanding debt has been paid. If we apply a wheel clamp to your car or have it towed, you agree that your vehicle will only be released upon payment of the release fee and payment of any outstanding debt. Clamping fee will be charged at RM50.00 excluding parking charges.

• Responsibility for damage

  • You are liable for any damage to the parking facility properties and vehicles caused by you or your vehicle.
  • While we shall take all responsible care, we cannot guarantee the security of your vehicle. We accept no liability for any claim by you or any other person, whether for loss or damage to you or any other person, or to your vehicle or any other vehicle, whether resulting from using the parking facility or being able to use the parking facility or from your negligence or otherwise.
  • We accept no liability for any loss or damage to any article left in our custody or control. Notwithstanding anything to the contrary contained in this document, our employees are not authorized to accept any of your possessions for safe custody except for the keys to your vehicle where possession is taken at your request. Further you agree to indemnify us in respect of any claim made against us arising from your use of the parking facility or use of the parking facility by anyone else with your authority.

  Miscellaneous

  • In the event of lost parking ticket or damage to any equipment or property, you must provide us with your full name and address, contact number, car registration number when requested by us.
  • If we fail to act or pursue any right or remedy available to us this will not in any way prejudice our right to exercise that or any other right or remedy.
  • No one is authorised to amend these Terms and Conditions on our behalf. Terms & Conditions stipulated herein, is subject to change at the discretion of the Management.

  Interpretation
  To avoid any confusion as to the meaning of these Terms and Conditions:

  • “Claim” includes any claim for damage, loss or compensation and any damage or demand.
  • “Damage” includes direct, indirect, consequential and special damage.
  • “Outstanding debt” includes previous unpaid parking fees and/or unpaid enforcement notices.
  • “The Management”, “We” and “Us” means Goldhill Optimum Sdn. Bhd. and/or includes any of its employees, agents and independent contractors.
  • “You” includes both the driver and the owner of a vehicle entering this carpark.
  • “Your Vehicle” means the vehicle which you are driving, regardless of whether it is owned by you.

  FOR ALL OTHER ENQUIRIES PLEASE CONTACT 016 520 6800/05-680 3822

TERMS AND CONDITIONS

PARKING FACILITY AT MARINA ISLAND

(FOR SEASON PASS HOLDER)

1. The parking facility is operated by Goldhill Optimum Sdn Bhd (“the Company”). The operations of the parking facility are governed by Goldhill Optimum Sdn Bhd and its rules and regulations.
2. The Parking Fee is payable to the Company quarterly or monthly in advance or as otherwise advised from time to time. Any other relevant Amount Payable is also payable to the Company in advance or as otherwise advised from time to time.
3. Payment for season parking is calculated on a monthly/quarterly billing cycle as stipulated for each car park and commences on the 1st day of the month to which the billing cycle relates. No pro rata or proportionate allocation of fees will be applied or refunded for any unused portion of the billing cycle, irrespective of when payment is made.
4. Failure to renew and make payment before expiry date for all season pass will result in deactivation of season pass. If you have entered the parking facility using a parking ticket and subsequently renewed your season pass parking you will not be allowed to leave the car park using your season pass without first paying the fee accrued for entering the car park using a parking ticket. No rebates or refund will be provided to you for such payment nor will you have your parking ticket validated for free. Please note that reminders are not obligatory but courtesy and each season pass holder is in charge of their own account/s. We will not take responsibility for season pass holder not receiving any reminder emails either in their email box or junk email box.
5. A one-off non-refundable administrative/account opening fee of RM50.00 will be imposed for processing each new car park lot for a new motor vehicle application; RM10.00 will be imposed for processing each card for every new motorcycle application. This one-off administrative/account opening fee is for processing the new application, account keeping and cancellation (if any). This shall include the fabrication of each License Plate Registration (LPR). An additional non-refundable fee of RM35.00 will be payable for each and every subsequent change of the vehicle’s registration number (excluding the initial registration number) for the reserved parking lot.
6. If you do not reactivate your season pass due to late payment within two (2) weeks from the expiry date, your account will be terminated and you will need to submit a fresh season parking application to us. A reactivation fee of RM20.00 will be imposed.
7. The Company may vary the Parking Fee or other charges at any time by giving existing season pass holder one (1) month’s written notice of the variation.
8. Season pass holder hereby agree to accept electronic invoice from the Company for billing and record keeping purpose. All amount shown on the invoice shall be due and payable as stated.

9. Denial of Access

• Company is entitled to deny the access to the parking facility if any Amount Payable remains unpaid after the due date.
• If the season pass holder is found to have violated the conditions of entry and conduct to the car park, the Company reserves the right to terminate the parking privileges.
• In the case of multiple season pass in a corporate account, all season pass will be denied access if any amount payable remains unpaid after due date.

10. Termination

• The season parking may be terminated by either party giving one (1) month’s written notice to the other at any time.
• The Company may terminate the season parking of all related accounts of the season pass holder immediately if found in breach of these Terms and Conditions.
• Any verbal abuse, physical threat or intimidation of any kind or whatsoever to our staff, will result in an immediate termination of season parking.
• Depending on the severity and number breaches and violations, the season pass holder may be banned from using the services of the car park.
• Parking Lot Allocation
• Unless otherwise agreed by the Management, the season pass holder will not have exclusive use of any particular parking lot.
• Each Reserved parking lot is only meant for one (1) designated season pass holder only. Other than the designated season pass holders’ vehicle which is registered with the Company, other vehicles parked in a designated Reserved parking lot will be wheel clamped and a fine of RM50.00 will be imposed if no prior written notification of a change of the season pass holder’s vehicle registration number is provided to the Company.
• The season pass holder with Reserved parking lot shall not allow other vehicles to park in such Reserved parking lot except for the season pass holder’s vehicle which has been registered with the Company.

12. Duties of the Season Pass Holder

The Season Pass Holder must: –

• Allow the Company access to any part of the parking facility at any time for the purpose of inspecting it, doing any necessary repairs or for any other purpose specified by the Company.
• Observe and conform to all the rules and regulations relating to the use of the parking facility and issued by the Company from time to time.
• Use the parking facility only during its operating hours as varied from time to time;
• Where the season parking relates to more than one parking lot, maintain records of the relevant Access Card and corresponding season pass holder details and make them available to the Company when requested.
• Enter the parking facility only with your season pass registered vehicles. No refund or rebates will be provided or validation of parking ticket will be accepted if the season pass holder does not enter the parking facility using the registered vehicles for season pass. The season pass holder must pay for any parking ticket used to enter the parking facility before being allowed to leave the parking facility.

13. No employee, agent or contractor of the Company has authority to accept any goods for safe custody and the Company will not be liable in any case for any loss of or damage to any article alleged to have been left with the Company or any employee, agent or contractor for safe custody regardless of how that loss or damage is caused.
14. Alteration of the Terms and Conditions
    The Company reserves the sole right to vary these Terms and Conditions by adding, altering or deleting any of them without prior notice and it is your responsibility to check on these Terms and Conditions on the website which are clearly displayed on www.marinaisland.com website.

15. Waiver
    No time or other indulgence granted by the Company to the season pass holder will constitute a waiver of any of its rights under these Terms and Conditions or at law and the Company will not be precluded from exercising any such rights against the season pass holder.

16. Relationship
    Nothing in these Terms and Conditions create or will be construed as creating any tenancy or conferring any interest upon the season pass holder by way of lease or otherwise in the parking facility or any part of it.

17. Assignment
    The season parking is personal to the season pass holder and they must not assign any rights or obligations under the season parking without the prior written consent of the Company.

18. Service of Notices for Invoices, Statements, Reminders and any Communication
    The Company assumes no responsibility for any non-delivery of notices for invoices, statements, reminders and/or any communication. All notices for invoices, statements, and/or reminders and/or any communication shall be deemed to have been duly delivered in any of the following manners:

• By email, by properly inputting the season pass holder’s email address on record, and noting that the email has been sent out without any delivery failure notification.
• The season pass holder must communicate with the email address which they registered with the Company. The season pass holder is advised to check his mailbox (including Junk/Spam box) for any emails sent by the Company.
• The season pass holder must immediately notify the Company if there are any changes to their email address.

19. Disclaimer of liability for use of parking facility
    The Company will not be liable for loss or damage to any vehicle or other property or damage or injury to any person or for the prevention of ingress to or egress from the parking facility caused by unauthorised use of the parking facility or any other part of the Car Park.

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