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Neither Hongkong Land (Property Management) Ltd or its servants, agents or employees or any company within the Hongkong Land Group of Companies (together referred to as the "Company"), will be liable for any loss or of damage to any motor vehicle or any of its accessories or contents (whether such loss or damage is caused by the negligence, or by any act, default or omission, of the Company or any other party or otherwise) at any time, whilst such motor vehicle is parked or situated in a car park or otherwise in the Company's custody or control or whilst it is being moved or driven in, or to or from, car park including, without limitation, whilst such motor vehicle is retained by the Company pursuant to Conditions 4 or 5 below.
The Company will not be under any liability (whether arising under statute, at common law or otherwise) for any loss of or damage to the property of any person caused by the negligence, or by any act, default or omission, of the Company, or any other person in the operation of a car park operated by the Company, or by the condition of the structure, roads, fixtures, fittings, equipment or appliances of or attached to a car park, or by any other third party, vehicle, act or thing. The owner and / or user of any motor vehicle parked in a car park shall be solely liable for and shall hold the Company absolutely free and harmless from any such liability.
The Company may enter move and drive any motor vehicle for the purpose of its being parked at or in a car park. Moreover any motor vehicle may also be moved or driven by the Company to such place as the Company deems fit during any period of retention pursuant to Conditions 4 or 5 below.
The Company may permit any person to remove any motor vehicle from a car park on such person producing a valid ticket duly paid or offering evidence of authority or entitlement to remove such motor vehicle as the Company shall in its sole and absolute discretion deem satisfactory. The Company may retain any motor vehicle until such a ticket is produced or until so satisfied by such evidence. The Company will not be liable in negligence or in respect of any other cause of action arising out of the loss of or damage to any motor vehicle or any of its accessories or contents caused by permitting any person not authorized or entitled to remove the same to do so.
The Company shall have a general lien upon, or the right or retention of, any motor vehicle together with all of its accessories and contents until all sums due to the Company for or in relation to valet parking such motor vehicle in a car park or otherwise, or due by reason of any liability of the owner or user of such motor vehicle to the Company hereunder or otherwise or due in respect of other services rendered by the Company, have been paid in full. For the purposes of these Conditions, parking charges and / or other amounts payable hereunder by the owner / user of any motor vehicle shall be due on demand by the Company.
The servants, agents or employees of the Company do not have authority to accept any articles for safe custody and the Company will not be liable in any such case of any loss of or damage to any articles alleged to have been left with the Company for safe custody however such loss or damage be caused, whether by the negligence, or by any act, default or omission, of the Company or any other party or otherwise.
Time or other indulgence granted by the Company shall not in any way affect its rights under these Conditions of Valet Parking or otherwise.
Parking charges in respect of any motor vehicle with the Company for valet parking left in a car park shall accrue at such rates, be calculated on such basis and be paid in accordance with the Company s provisions as to Parking Fees for the time being in force.
The Company may vary these Conditions by altering, adding to or deleting any or all of them or making new terms and / or conditions and the new Conditions shall be effective and binding on the owner of any motor vehicle left with the Company for Valet Parking in a car park on making available for inspection such new Conditions of Valet Parking at the Concierge on G/F, LANDMARK or at LANDMARK lay by valet parking service counter on B2/F area of the LANDMARK car park. Except as otherwise authorized in writing by the Company, no servant, agent or employee of the Company has the authority to waive, vary, amend or add to these Conditions.
Any notice, demand or other communication to be given by the Company in respect of any motor vehicle the subject of these Conditions of Valet Parking shall be given to the registered owner of such motor vehicle at his registered address as recorded with the Transport Department for the time being