EzeParking Ltd - TERMS AND CONDITIONS
PARK and RIDE and SELF PARK
1. THE COMPANY’S LIABILITIES FOR LOSS OR DAMAGE TO PROPERTYThe company its servants and agents do not accept liability in respect of any loss or theft of or from vehicles unless the same is proved and to the extent that it is proved to be caused by the negligence, wilful act or default or breach of statutory duty of the Company its servants or agents or the dishonesty of its servants or agents.
2. THE COMPANY’S LIABILITIES FOR DEATH OR PERSONAL INJURY
The company its servants and agents do not accept liability in respect of the death of or personal injury sustained by customers and others in the car park unless the same is proved and to the extent that it is proved to be caused by the negligence, wilful default or breach of statutory duty of the company, its servants or agents.
3. CONSENTS
Any permission required to be given by the customer to ensure the customer’s own insurance covers the Companies drivers is deemed, by acceptance of these Terms and Conditions, to have been granted.
4. SECURING YOUR VEHICLE
Unless requested by the Company or one its employees or agents not to do so you must ensure that before you leave the car park:
4.1 Your vehicle is securely locked
4.2 That all of the windows of your vehicle are securely locked
4.3 That your brakes are applied as appropriate for parking mode
4.4 If your vehicle is fitted with a steering lock or similar device that it is engaged
4.5 That no person or animal is left within your vehicle
4.6 That possessions are placed in your locked boot and are not visible from the exterior of the vehicle
5. DAMAGE TO OTHER VEHICLES OR PROPERTY WITHIN THE CAR PARK
Should you damage another vehicle or any property architecture within the Car Park you must report the matter immediately to a member of the staff and give the registration numbers of both vehicles, your full name and address and the name and address of your vehicles insurance company together with your policy
number. You may be required to make good to the reasonable satisfaction of the Company any damage caused to the Car Park or to pay to the Company on demand the cost incurred by the Company in making good such damage.
6. SAFETY IN THE CAR PARK
6.1 You must drive carefully in the Car Park
6.2 Children must not play in the Car Park and must not be left unaccompanied
6.3 You must be aware of vehicles in motion
6.4 You must comply with all directions and signs from time to time posted by the Company in the Car Park and all instructions or Requests given or made from time to time by any duly authorised employees or agent of the company for regulating traffic and controlling the positioning of vehicles within the Car Park.
6.5 You must ensure that animals are kept secured on a lead when outside a vehicle
7. TICKETS
Any ticket or parking permit issued is valid only for the vehicle in respect of which it is issued. A ticket or permit does not entitle the customer unless otherwise specified of any particular space in the Car Park priority over other customers. All tickets are the property of the company. The company reserves the right to refuse to release any vehicle except on production of the parking ticket or permit until it has made such enquiries as it considers reasonable. Failure to produce your ticket or permit will delay your departure. Customers who
cannot produce their parking ticket or permit on departure will be charged at the full daily tariff for each day or thereof the vehicle is left in the Car Park.
8. AGENCY
Every person who enters into a contract with the Company for the parking of a vehicle at the Car Park, whether by purchasing a ticket, permit or otherwise, does so on behalf of himself and all other persons having any proprietary possessory or other financial material interest in the vehicle and its contents.
9. MOVING AND RELOCATION OF VEHICLES
9.1 The company reserves the right to move the vehicle within the Car Park by driving or otherwise to such extent as the Company, its servants or agents may in their discretion think necessary to avoid obstruction or for the more efficient arrangement of its parking facilities at the Car Park
9.2 The Company additionally reserves the right to remove any vehicle at any time to any other location as the Company shall reasonably deem appropriate.
9.3 Vehicles parked otherwise than in a designated parking space may be towed away without notice. You will be charged for recovery
9.4 To the extent that it may be necessary to do so in the exercise of rights conferred upon the company under this condition 9, the Company, its servants or agents shall have the right to drive or otherwise take the vehicle on the public roads or tow away. Any permission required to be given by the customer to ensure the customer’s own insurance covers the Companies drivers is deemed, by acceptance of these Terms and Conditions, to have been granted.
9.5 If requested to do so by the Company its servants or agents you must leave the ignitions boot doors and alarm keys to your vehicle with a person authorized by the Company to so hold such keys
9.6 The Company reserves the right to forcefully enter a vehicle in such a manner as it deems necessary without being liable for damage caused to facilitate the exercise of the right conferred in Clauses 9.2 and 9.3 hereof or to abate any nuisance caused by the vehicle
10. LIENS
10.1 Every vehicle in the Car Park is subject to a lien for all charges due or accruing due from the Customer to the Manager and a general lien and any monies due from the Customer to the Manager, such liens to be in existence whenever the vehicle is in the Car Park notwithstanding that it may from time to time have been removed from the Car Park.
10.2 If the said lien is not satisfied by the payment within 28 days of notice given by the Manager of its intention to sell the vehicle in default of payment, the Manager may sell the vehicle by auction or otherwise and the proceeds of sale may be applied in and towards satisfaction of all sums owing to the Manager
by the Customer together with the expense of sale, and in connection with such sale the Manager shall be entitled to charge reasonable garage charges in respect of the period which the vehicle is in possession of the of the Manager. Any balance of purchase price remaining after satisfaction of such sums shall be held by the Manager on behalf of the registered keeper of the vehicle.
Notice of intention aforesaid shall be deemed to have been properly and sufficiently given by the sending of written notice by prepaid post, addressed to the
registered keeper at his last known address, whether or not the same is actually resolved.
11. TARIFF
Parking fees, which the Company shall be entitled to levy, shall be displayed from time to time on the Tariff Board at the Car Park and on the companies web site and can at the discretion of the Company be altered at any time.
11.1 In the event of P&D machine failure, the company reserves the right to collect the parking fees at the exit of the car park as vehicles exit
11.2 Customers who cannot produce a valid ticket or permit on departure will be charged at the full daily tariff for each day thereof the vehicle is left in the Car Park
12. INVALID TICKET OR FAILURE TO DISPLAY VALID TICKET
12.1 If you fail to display a valid ticket at any time the following provisions of this condition 12 shall apply. The right of the Company given in this condition 12 are in addition to any other legal remedies available to the company.
12.2 A Parking Charge Notice will be affixed to your vehicle or handed to you. The Parking Charge Notice will specify: -
12.2.1 the sum you are required to pay
12.2.2 the time within which payments must be made; and
12.2.3 the address to which payment must be sent.
The Parking Charge Notice will also explain that unless payment is made in accordance with its terms court action may be commenced to recover the sum due under the Parking Charge Notice together with costs, interest and any other sums legally recoverable
13. CAUSING AN OBSTRUCTION AND IMPROPER PARKING
13.1 If your vehicle is parked other than in a single dedicated parking bay or is otherwise parked so as to cause or in the reasonable opinion of the Company has the capacity to cause an obstruction the Company may: -
13.1.1 affix to your vehicle or hand to you a Parking Charge Notice in the form referred to in condition 12 and/or
13.1.2 apply a clamp to your vehicle; and/or
13.1.3 remove the vehicle
13.2 Where your vehicle is clamped there will be notices displayed in the Car Park giving a contact telephone number and also specifying the fee sum to be paid
by you for the removal of the wheel clamp. On payment of this sum the clamp will be removed as soon as reasonably practicable.
13.3 Where your vehicle has been removed there will be notices displayed in the Car Park giving a contact telephone number and also specifying the sum to be
paid by you before your vehicle is released.
13.4 The Company accepts no responsibility for any losses suffered or costs incurred by you as a result of the clamping or removal of your vehicle unless the
same is proved and to the extent that it is proved to be caused by the negligence, wilful act or default or breach of statutory duty of the Company its servants
or agents.
14. PROHIBITED ACTIVITIES
14.1 No vehicle shall be towed into the Car Park or enter otherwise than under its own mechanical power and no work or repairs or maintenance to or washing of or cleaning of vehicles by customers or their agents shall be done in the Car Park. No activity in connection with the selling hiring or other disposal of the vehicle shall be carried out in the Car Park No vehicle shall obstruct any access or circulation within the Car Park.
14.4 No vehicle shall park other than within the spaces designated for parking.
14.5 No person shall do anything in the use of the Car Park that may be a nuisance inconvenience to the Company or any other user of the Car Park. .No person shall cause any unnecessary noise vibration or exhaust fumes within the Car Park. .No person shall do any act or thing, which may render invalid or void insurance effected in respect of the Car Park. No person shall park otherwise than in the spaces or in the area designated for use of the customer..No person shall park otherwise than in the spaces designated as being reserved for another individual or company. No person shall deposit in the Car Park any rubbish, litter or refuse of any kind, other than in proper receptacles provided for the purpose. No person shall pour or transfer petrol or other fuels into or out of the fuel tank of any vehicle.
15. VEHICLE SIZE
You are required to observe all reasonable restrictions as shall from time to time be made by the Company in respect of the height length or width of vehicles to be parked in or allowed access to the Car Park.
16. DEFINITIONS
16.1 The Company’ shall mean EzeParking Ltd.
16.2 ‘The Vehicle’ shall mean the vehicle, which is received into the Car Park and shall include any mechanical device on wheels or tracks, its equipment and accessories.
16.3 ‘The Customer’ shall mean a person who shall have entered into the contract with the Company for the parking of a vehicle at the Car Park or who is entitled to the use of a parking space under the terms of a Lease of Agreement for Lease who takes such entitlement thereunder.
17. VARIATIONS OF THE TERMS AND CONDITIONS
No person has any authority to vary or alter these Terms and Conditions unless such variation is in writing under the hand of the Company’s Secretary or a Director of the Company.
MEET AND GREET CHAUFFEUR PARKING
Items 1), 2), 3), 4), 5), 6), 8), 9), 10), 11), 14), 15), 16) and 17) above also apply to Meet and Greet Chauffeur Parking.
18) In addition you leave your car totally at your own risk. The Company takes no responsibility for your vehicle whatsoever.
19) You must only hand over your spare key to the companies drivers, servants or agents and keep your main key with you.
20) No refunds will be given for any reason including cancellations.
21) The Company, its servants or agents shall have the right to drive or otherwise take the vehicle on the public roads. Any permission required to be given by the customer to ensure the customer’s own insurance covers the Companies drivers is deemed, by acceptance of these Terms and Conditions, to have been granted.
22) For chauffeur service/meet and greet bookings we will wait for 15 minutes maximum, After 15 minutes waiting, unless we have had heard from you that you will be late we will consider the booking cancelled and will not give a refund. You can change the time of a chauffeur service drop off or pick up by telephoning or texting the 24 hour hotline number subject to the 15 minute condition above. Flight or cruise ship delays upon arrival back at Southampton will not incur additional charges unless the delay means that the car has exceeded the number of days booked. The standard daily rate will be charged for each extra day.
23) Due to capacity constraints the company reserves the right to park your car somewhere other than in one of its own car parks. The company may use its discretion entirely as to where this may be and it may include automatic barrier controlled local hotel, office, industrial unit or public car parks. This list should not be considered exhaustive. On some occasions your car may be left on a public street but overnight is not our normal practice.