Parking Facility Agreement
1. This Agreement
1.1 This agreement is made between the customer (“Customer”) who has booked a parking space or spaces through Parkonomy Ltd (“Parkonomy”) by whatever means, including but not limited to the website (“Website”), app, mobile device or phone contact centre and other methods as may be offered from time to time and the owner or operator (“Owner”) of the parking space(s) (the “Parking Facility”) which has been supplied to the customer by way of licence. The Parties and details of the Parking Facility and the period for which the Parking Facility has been booked (the “relevant Period”) are set out in the confirmation sent electronically by Parkonomy to the Customer and the Owner on completion of the booking.
1.2 The Owner represents and warrants that it is the owner of the Parking Facility or the person who is duly authorised to arrange licensing of the Parking Facility.
1.3 The Customer agrees that he is responsible for ensuring that any person he allows to park the vehicle at the Parking Facility complies with these terms and conditions.
1.4 Parkonomy is the owner’s agent for the purpose of this agreement but is not the Owner. This agreement is between the Customer and the Owner. Parkonomy shall have no obligations to the Customer or the Owner under this agreement and the Owner and the Customer each release Parkonomy, its contractors, employees and agents from any liability arising in respect of any claims or disputes between the Owner and the Customer.
1.5 The Owner grants a license to the Customer to use and occupy the Parking Facility during the Relevant Period set out in the confirmation. The Customer has security of tenure or right to exclusive possession of the Parking Facility.
1.6 The parties acknowledge that Parkonomy has no control over the conduct or acts of either the Customer or the Owner and Parkonomy excludes all liability in this regard to the fullest extent permissible by law.
2. Booking and Payment
2.1 The Owner reserves the right to change the tariffs from time to time.
2.2 Parkonomy is authorised by the Customer and the Owner to handle the booking and payment process on the Owner’s behalf.
2.3 Payment shall be made in full to Parkonomy (as the Owner’s agent) in accordance with the provisions on the website prior to the Customer’s use of the Parking Facility. A booking fee may be charged in order to process the payment, details of which will be clearly stated on the Website.
3.1 Under the provisions of regulation (2)(h) of the Consumer Protection (Distance Selling) Regulations 2000, the provision of the Parking Facility is to constitute “transport or leisure services” which do not entitle the Customer to a unilateral right of cancellation.
3.2 The Owner shall honour all bookings.
3.3 If the Owner has to cancel the Customer’s booking due to exceptional circumstances beyond the Owner’s reasonable control, the Owner agrees to inform Parkonomy. The parties agree that Parkonomy will be instructed to contact the Customer with proposals for suitable alternative parking to be provided by another registered Parkonomy client.
3.4 Parkonomy gives no guarantees, warranties or assurances that alternative parking can be found and accepts no liability arising from the failure of the Owner or the Customer to honour the booking or for the costs of alternative parking or other costs arising directly or indirectly as a result of the breach of any terms of this agreement.
3.5 The Owner agrees that if it needs to cancel a Customer’s booking and the circumstances are not exceptional or not beyond the Owner’s reasonable control the Customer will be entitled to a full refund (if a suitable alternative cannot be arranged by Parkonomy) and the Owner also agrees to discharge any additional cost which is payable by the Customer for suitable alternative parking arrangements (up to a maximum of £50)
4. End of period of use
4.1 The Customer must vacate the Parking Facility and cease using the Parking Facility by the end of the contract period of use, as stated in the confirmation.
4.2 If the Customer fails to vacate the Parking Facility at the due time, then the Customer shall be required to pay the additional fees set out in the Owner’s entry on the Website.
5. Customer Obligations
5.1 The Customer is solely responsible for his health and safety of his vehicle while it is at the Parking Facility. The Owner is not responsible for ensuring the safety or security of the Customer or the vehicle. The Customer should refer to the signage at the Parking Facility for further information.
5.2 The Customer warrants that they will:
Observe any restrictions on the opening hours of the Parking Facility at the point of booking.
6. Owner Obligations
6.1 The Owner shall ensure that the Parking Facility is properly and accurately described on the Website listing and in particular will specify if the Parking Facility is not suitable for certain types of vehicle or if there are any access restrictions.
6.2 The Owner will ensure that the Parking Facility is available for the duration of the period for which it has been booked and will not prevent or obstruct the Customer from the parking in the Parking Facility.
7. Force Majeure
7.1 For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of the Owner including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Owner or any other party), failure of a utility service or transport network, act of god, war, riot, civil commotion, malicious damage, compliance with any law or any governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
8.1 Neither the Owner nor the Customer shall, without the prior written consent of the other party, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this agreement.
8.2 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceablility of the rest of this agreement.
8.3 A waiver of any right of this agreement or law is only affective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under this agreement or by law shall constitute a waiver of that or any right or remedy , nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single partial exercise of such right or remedy prevent or restrict the further exercise of that or any other right or remedy.
This agreement, and any dispute or claim arising out of or in conjunction with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales.