Car Gets damaged by boom gate

My Fiancé and I were at gateway shopping mall while on holiday. As we drove in the boom gate malfunctioned and hit our rental car. Both Lucas and Richard that work there agreed that the boom gates weren't operating as they should due to the renovations at the shopping centre, after looking at the video footage we were told it would be escalated.

We have no been contacted to say that the shopping mall will not be paying out our rental cars excess due to the following: Ticket Disclaimer

All vehicles and the contents contained therein are "parked" at the driver’s and owner’s sole risk. The owner of the car park, Interpark (South Africa) (Pty) Ltd and their employers, employees and agents shall not be liable for any bodily injury, death, loss of or theft of or damage to a vehicle or to any property therein, whether resulting from their negligence or any other cause whatsoever. In the interests of security, please keep your ticket with you. Please see signs at parking entry for all terms and conditions of parking.

Please note this is on the ticket. Firstly our car was not parked we were busy driving in when the boom gate came down on the car. Secondly which driver stops at a centre takes the ticket reads it then drives in. There are no signs on the outside of the boom gate stipulating any of this. Thirdly due to Gateways Negligence and construction Entrance D's Cameras are not working by the entrance and exit as it should be.

I am highly disgusted with gateway and the level of service we received.

This is the letter given to us after trying to claim the excess for the insurance:

03 September 2017

Dear Mr ................

RE: Incident at The Gateway Theatre of Shopping

Vehicle make: Toyota Etios In terms of the damage to your vehicle at the car park, we wish to advise that the damage which you have sustained is sincerely regretted, but we can unfortunately not be held liable for any such damage incurred.

Our conditions of parking which are displayed prominently at the car park and on our parking tickets make it clear to all our customers that we do not accept liability for any injury, loss or damage incurred at our car parks. Vehicles are accordingly parked at the risk of the owner of the vehicle.

We sincerely regret the damage incurred, but we are unfortunately not able to assist you with the compensation you request.

Kindest Regards

Lucas Zondi Contract Manager Interpark Gateway Theatre of Shopping ********** / **********