1)
Definitions
“Services” are
those as detailed on the booking form and Purchase Order
“Vehicles” means
all motorised vehicles including all types of cars, caravanettes, mobile home,
transit van, excluding motorcycle all forms of commercial vehicles over 3
tonnes.
“Full Paperwork”
means the booking form and purchase order.
“Drop-Off” means the
time you drop-off your vehicle with our representative at the start of the
storage period. You must call us when you are 20 minutes away from Drop-off to
re-confirm the exact drop-off time.
“Pick-Up” means the
time that you agree to pick-up your vehicle from our representative at the end
of the storage period. The SCHEDULED time of your flight arrival is given on
the booking form. The Pick-Up must be completed no later than 2 hours after the
SCHEDULED flight return time. For example, if your flight is due in at 7am,
pick-up must be completed no later than 9am. For charges for late pick-up
please refer to clause 9 Section 7.
2) Abide By
Terms
By making use of
our organisation and its services you:
(i) Will be deemed
to be aged 18 or over and that you have read and understood this agreement and
agree to be bound by its terms and conditions. Where you are entering into an
agreement on behalf of an organisation you confirm that you have the legal
right to do so.
(ii) Confirm that
your vehicle is roadworthy, in compliance with all relevant Road Traffic
Legislation in England and that that it has a current MOT and valid
road fund licence (where either or both are applicable) and at least the
current legislation requirements for insurance.
(iii) Confirm that
your vehicle does not contain or hold any items which are in any way dangerous,
illegal and always abide by any laws relevant or applicable to this agreement.
This would include, but not be limited to, prohibited or stolen items,
controlled drugs, toxic, flammable, explosive or other potentially dangerous or
damaging items including gas bottles, aerosols, paints, firearms and
ammunition, animals, items that encourage vermin or other pests that may cause
disease or infection.
3) Payment
(1) The price of
the services is as shown on the booking form or as provided by our Third Party
booking agents
(2) The price is
for services and does not include any insurance for the storage of your vehicle
(which is totally your responsibility as is the case for all car parks across
the UK), nor any element of maintenance or full supervision. The service
price includes; a single meet & greet service and insurance when your
vehicle is being driven by an employee of the company. This service is to allow
you a place to store your vehicle only.
(3) We reserve the
right to exclude certain charge, Debit and Credit cards.
(4) Where a payment
is made, you have a 7 working day cancellation period starting on the day the
parking is booked, where you are eligible for a full refund. You are able to
cancel your booking up to 48 hours prior to your booking date subject to a
£5.00 admin fee. If you do not cancel and do not store your vehicle then you
are still responsible for payment in full as per the booking.
(5) If you do not
pay or there are any problems with your chosen method of payment then once you
have ordered services you are still responsible for payment (as detailed at
clause 7). If we do not receive payment then we will charge you 3% above base
rate compound interest per annum until we receive full cleared payment.
(6) Payment will
not be deemed to have been received and cleared until it has been processed and
either transferred to and reached our account or authorised by your payment
provider as we, at our discretion, determine.
(7) We reserve the
right to increase prices but will not do so once a Purchase order has been
signed by you and we will honour any prices on booking forms. All price
alterations will be published on our website. It is your responsibility to
check current prices on our website.
4)
Ownership & Protection
(1) You
specifically confirm that you are either the legal owner of the vehicle that
you are storing or that you have the specific express permission of the legal
owner to leave the vehicle and enter into this agreement.
(2) You confirm
that you have proper, adequate, valid insurance for the vehicle, which will
cover any losses to yourself and others.
5) Security
and safety
Of course we will
take all reasonable care to look after your vehicle, however:
(1) The security of
your vehicle remains your responsibility. You must ensure that the vehicle has
functional locking, all windows etc are operable, your roof is locked and up on
a convertible and that all and any alarms or safety devices are in full working
order.
(2) It is your
responsibility to advise us what alarms, trackers and safety devices as in (1)
above your vehicle has and to provide us with full details of how they are
activated/used. This also includes informing us of any quirks or foibles your
vehicle may have, for example: a non operative immobiliser or faulty or non
working window winder mechanism or switch etc.
(3) You accept that
on the occasions where you leave excess (house, garage, business etc) keys in
the vehicle that we have no liability for losses in this respect.
(4) Unless we are
shown to have acted negligently, we are not responsible for any contents of the
car. This includes fixed contents, such as CD player or Satellite Navigation
and any other or personal belongings, whether removable or not. We advise you
to remove what you are able and place it in your vehicle’s boot or glove box
out of sight.
(5) You are
responsible for your own safety and that of anyone with you. You specifically
agree to adhere to any safety signs or instructions we give to you.
6) Storage
of your vehicle
(1) By leaving your vehicle with us you accept
that:
(a) The vehicle will be stored in an open air car park.
(b) We will drive the vehicle to a place we decide for storage in accordance
with our efficient operation. This may mean a trip of up to 20 miles. You
expressly give us permission to drive your vehicle for the purposes of carrying
out the service during the period of this agreement. During the time we drive
the vehicle we are covered by our insurers on a fully comprehensive basis
should an accident occur but please refer to clause 8 (6), (7) and (8) for
limitation to our liability.
(2) It is your
responsibility to call us 20 minutes before the time that you want to drop-off
the vehicle to finalise an exact time. You must use the telephone numbers
provided on your booking confirmation and instructions.
7) Booking
and Cancellation
(1) When you make a
booking with us you will be sent a booking confirmation and allocated a booking
reference number. Without production of any booking details by you, your
vehicle cannot be accepted.
(2) If you wish to
cancel you may do so any time before 48 hours prior to the time you have agreed
to store or deliver your vehicle to us (the cancellation period).
(3) If you cancel
within 7 days of making your booking you will receive a full refund, if you
cancel up to 48 hours before your booking is due to commence you are liable to
pay a £5 cancellation fee.
(4) If you cancel
outside our cancellation period, that is to say any time within 48 hours prior
to the time you have agreed to store or deliver your vehicle to us, then you
are liable for the full amount due for the service.
(5) Cancellation must be by telephone during office
hours to 01279 917 024 or by email to bookings@stanstedeasyparking.co.uk.
8) Our
liability
(1) Whilst we use
all reasonable care and skill to ensure the safety of the vehicle (trained
staff, secure parking area) and we have a policy of removing unauthorised
persons, the service is actually a parking service and as such is not a
guarantee of safety and security for you, your vehicle or its contents.
(2) We can only be
responsible for any claim while the vehicle is in our care. It is therefore
your responsibility to check the vehicle before taking delivery of it.
(3) You must notify
us as soon as practicable (usually at the time the vehicle is delivered back to
you) about any potential claim and let us have the opportunity to inspect the
vehicle (usually before leaving the car park).
(4)In the unlikely
event you suspect criminal damage has been caused, you must also notify your
own insurers and the Police immediately should there be grounds for any claim
to arise.
(5) Our complaints procedure advises that you
submit the claim in writing to us at bookings@stanstedeasyparking.co.uk.
(6) In any event
our liability is limited to a claim for any damage or defect repair, only if
proved to our satisfaction and that of our insurer that it arose solely out of
our negligence.
(7) You agree that
we can not be held responsible for any damage or losses that did not arise out
of our negligence. This includes incidents such as flood, fire, incidents of
terrorism or war, civil disturbances and emergencies, national emergency,
strike or other labour dispute, stray animals, inevitable accident, any force
majeure.
(8) Our liability
will generally not extend to any mechanical or electrical failure to vehicles,
nor any damage including tyre punctures and cracked or chipped windscreens
caused by nature or environment or any other event because the vehicle is left
without cover.
(9) We are not
responsible for ensuring that you meet flight check-ins or any other time
deadlines.
(10) It is your
responsibility that you are at the agreed drop-off point, which will be the
place in accordance with the instructions we give you, on time. We will wait 15
minutes after any agreed drop-off time.
(11) You are
responsible for providing correct information, particularly delivery and
collection information and we will not be held responsible for any losses
whatsoever in this regard.
9) Removing
your vehicle
(1) Vehicles can
not be removed until all charges due to us, up to and including the date of
removal, are paid.
(2) When removing
your vehicle you must produce the full paperwork. Where the paperwork is lost
you confirm that the vehicle may be removed upon you producing to us your
current valid passport or photo driving licence.
(3) You specifically
agree that we are not responsible if someone else uses your full paperwork
(fraudulently or otherwise) and we allow the person who produces the full
paperwork to remove your car.
(4) Collection of
your vehicle must be within the pick-up time allowed. Pick-up must take place
within 2 hours of the time you have given as your flight arrival time on the
booking form.
(5) It is your
responsibility to call us once you have collected all your baggage, cleared
customs and you are actually ready to leave the airport to collect your
vehicle. You must then be at the collection point no later than 10 minutes
after you have made this call to collect your vehicle. Additional 3rd Party
Airport Car Park fines may apply if you run outside of these 10 minutes. You must
use the telephone numbers provided on your booking form.
(6) Where you have
called us to arrange a pick-up time you must adhere to this time. Our
Representative will be waiting with your vehicle at the pick-up time and can
only wait up to 10 minutes after the time you have stated. If you are not
available within the 10 minute time frame to pick-up the vehicle then the
Representative will be unlikely to wait and you will need to telephone to
rearrange the pick-up. You will be liable for additional local parking charges
and, depending on the time delay, you may also be liable for additional storage
charges.
(7) If you do not
collect your vehicle within 2 hours of your pick-up time, without notification
of delay, then you will incur storage charges at the rate of £10 for each day
or part thereof.
(8) Where you do
not move your vehicle within 24 hours of the designated pick-up time and have
not notified us of the changes, then you will be charged storage at the rate of
£10 per day, and you will be charged this until we receive full cleared payment
in respect of the outstanding charges, including any interest accrued.
(9) Subject to the
Torts (Interference with Goods) Act; Where the vehicle is not removed by 31
days after the end date then we will organise for the sale of your vehicle at
auction. You will be responsible for all costs of the sale or disposal
(including moving of the vehicle). The net proceeds of any sale (after all
costs associated with the sale) will be credited to your account and we will
pay any eventual excess to you without interest within 31 days of us receiving
the payment. Where the payment does not cover the amount due to us, you remain
responsible for payment of the balance.
10)
Termination
We reserve the
right to suspend or terminate the supply of services at any time by giving you
14 days notice. If this occurs we will refund the balance of any storage not
yet used.
11) Other
services
(1) Where you have
booked any valet services, these will be undertaken by us or our agents within
these Terms and Conditions.
(2) Where you have
booked any services or repairs your payment to us is simply to organise the
delivery and collection of your vehicle to and from the third party who will
organise the services and/or repairs you require. We are not responsible for
the services and/or repairs and make no warranty and accept no liability in
this regard. Your agreement is purely between the provider of the services
and/or repairs and you make payment directly to them and are bound by their
Terms and Conditions.
12) Your
information
Any services we
provide to you may be reliant on information provided by you, so you are
responsible for ensuring that any information you provide is accurate, correct
and up-to-date. Any information we hold will be used in accordance with
statutory controls placed on information use.
13)
Assignment
We reserve the
right to assign and/or sub-contract all or any part of the supply of services
as and when necessary but if we do this it will not affect your rights under
any agreement.
14)
Queries, complaints, Notices
(1) For any
potential claims or complaints relating to the vehicle please refer to clause 8
(2) Any other complaint must be in writing to us
at bookings@stanstedeasyparking.co.uk. If
any complaint may amount to a breach of any term herein then you must allow us
28 days to remedy that breach.
(3) Any notices for
either party must be in writing to the respective addresses.
(4) Notices will be
deemed to have been received on the 5th day after posting using Royal Mail 1st
class service provided that a stamped proof of posting is obtained from Royal
Mail. Notices by email will be deemed to have been received on the 3rd day after
being sent.
15)
Generally
We reserve the
right to vary our terms and conditions at any time and such variation takes
effect when they are provided to you. This will be by hand or post or as
displayed on our website. It is your responsibility to read terms and
conditions on each occasion you use our services.
16)
Invalidity
Each clause or any
part at all of this agreement is to be regarded as independent of the others.
17)
Jurisdiction
These Terms &
Conditions shall be interpreted, construed and enforced in accordance with
English law and shall be subject to the exclusive jurisdiction of the English
Courts.