The clause with claws and homesick parking

Published: 3:25PM Wednesday November 18, 2009 Source: Fair Go

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Reporter: Gordon Harcourt

Tania Carmichael used to be a Tournament customer in Welllington.  She ended her contract late last year.   Two days before Christmas last, she parked up again for one of her last visits to Tournament, and the access card let her in as usual.  Then she called Tournament to check exactly when her last day of parking was, and how to get her access card back to them. 
Oops!  Her last day was three days earlier.  

So what did Tournament do?  Did they say, 'no worries, just pay us for the extra parking'?    Yeah, right.

"Lost card" fee.
They cancelled her card immediately, and told her she had to pay a $50 "lost card" fee before she could leave the buidling!  She hadn't "lost" the card - it was in her hand!!

Tania was furious, and very upset.  But that wasn't the end of it.  She had paid Tournament a $100 bond for her access card.  It was Christmas, then the holidays, so Tania didn't get round to asking for that bond back.

We'll keep that bond, thank you.
When she did apply, Tournament said sorry - you're too late.  There's a clause in their terms and conditions which says you have to apply in writing within one month of your contract ending.  If you don't, they keep your bond!

Tania came to Fair Go, and we asked barrister Deirdre Watson to have a look at that clause in Tournament's T&C.  She wrote a free opinion. 

Tania took it to the Disputes Tribunal, and she won!

Scathing order
Actually, it was way more than a win.  It was one of the most damning Disputes Tribunal orders we've seen. 
Here are some of the highlights:
- The loss of card fee applied on the day was "unreasonable and uncalled for"
- It "unjustifiably inconvenienced" Tania
- Tournament couldn't give a good reason for the one month clause
- The clause is "harsh and unconscionable."
- Keeping bonds that way is "easy money" for Tournament

Free parking - for a year!!
We've done a lot of stories about Tournament, and frankly had a pretty grim relationship with them.  We were pretty amazed by their response.
They've deleted the one month clause from their conditions, but it gets a lot better.
They said they're disappointed how they handled things, and wouldn't do this again.
Best of all, they offered Tania a year's free parking, worth $2200!   She was a bit stunned, and has very gratefully accepted the offer.

Good on you Tournament  (yes, seriously!)
Tournament also say they're taking on board the various issues Fair Go has raised
- they've got a new focus on customer relations
- grace periods at car parks, so you aren't charged if you don't find a park
- moving away from towing

And we're happy to say complaints about Tournament to Fair Go have almost evaporated this year.  We covered Tania's story because the order came out last month.

This is something we'd never have dreamed of saying a year ago - good on you Tournament!

Homesick parking
Reporter: Phil Vine

A recent immigrant to Auckland, Phil takes a personal look at parking and likens the experience to being trapped in Dante's Inferno.

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