Terms Conditions

TERMS AND CONDITIONS THESE ARE THE TERMS ON WHICH YOU AGREE TO USE OUR CAR PARKS. IT IS IMPORTANT THAT YOU READ THEM AND UNDERSTAND THEM, AS THEY EXPLAIN YOUR OBLIGATIONS AND WHAT WE MAY OR MAY NOT ACCEPT LIABILITY FOR. 1. DEFINITIONS When reading these Terms and Conditions the following words or phrases have the following meanings:- 1.1 “Car Park” means any car park controlled by us. It also includes, where the context allows, the approaches to and exit roads from a Car Park. 1.2 “Pay Machine” means any pay on foot pay on exit or pay and display machine situated in the Car Park. 1.3 “Tariff Board” means any board or notice at the Car Park displaying the charges to be paid. 1.4 “Terms and Conditions” means the terms and conditions set out below. 1.5 “Vehicle” means any vehicle which is parked in a Car Park and includes any mechanical device on wheels or tracks, its equipment and accessories. 1.6 “We, us, our” means Bristol International Airport Limited. 1.7 “Your, you” means any person who uses the Car Park for the parking of a Vehicle. 1.8 “Valet Parking” means a method of parking whereby you park in a reception area and leave the keys to your Vehicle with us so that we can park your Vehicle in a space that we select. The headings are for information only and do not affect the interpretation of these Terms and Conditions. 2. BINDING EFFECT OF THESE CONDITIONS 2.1 These Terms and Conditions apply to the use by you of a Car Park. They apply to the exclusion of any other terms and conditions which you or anyone on your behalf purports to apply. None of our employees, servants or agents at a Car Park has authority to vary or waive any or all of these Terms and Conditions except a director, and even then any such variation must be in writing. 2.2 Nothing in these Terms and Conditions affects your statutory rights. 2.3 If you enter a Car Park you accept these Terms and Conditions without qualification. It is therefore important that you do not use our Car Parks without understanding the terms on which you may do so. 2.4 Any variation of these Terms and Conditions will be ineffective unless agreed in writing between you and us. 2.5 These Terms and Conditions are subject to English law. 3. OUR LIABILITIES FOR LOSS OR DAMAGE TO PROPERTY 3.1 We cannot guarantee the security of our Car Parks and members of the public have access to them at all times. We do not guarantee to you that security measures that we have in place, for example CCTV or patrols, will be working at all times or, even they are working that they will be effective in preventing loss, damage, or theft or in identifying who might be to blame. Neither we nor our employees servants or agents accept liability for any loss or theft of or from any Vehicle unless it is proved to be caused by the negligence, wilful act or default or breach of statutory duty of us or our employees servants or agents. 3.2 IMPORTANT – please take care to ensure that your valuables are safe. They should not be left unattended in Vehicles parked in a Car Park. If you do leave valuables in your Vehicle and they are damaged or stolen, you may not be covered by your own insurance, and we will not be liable unless the loss or damage is proved to be caused by the negligence, wilful act or default or breach of statutory duty of us or our employees servants or agents. 3.3 VALET PARKING - the above clauses 3.1 and 3.2 apply equally to Valet Parking. We will not be liable for loss or damage to your Vehicle, or its theft, or for loss damage or theft of any thing in the Vehicle, unless the loss damage or theft is proved to be caused by the negligence, wilful act or default or breach of statutory duty of us or our employees servants or agents. All Vehicles entering the Valet Parking area will be photographed by a Vehicle Damage Recognition System (VDRS) which will record any existing external damage to the Vehicle. The information from the VDRS will be used to establish the external condition of the Vehicle when it enters the Valet Parking Area, and you agree, for the purposes of the Data Protection Act 1998 and any other relevant law, to the information obtained from the VDRS being used for this purpose. It is particularly important that you do not leave valuables in the Vehicle. 4. OUR LIABILITIES FOR DEATH OR PERSONAL INJURY Neither we nor our employees servants and agents accept liability for the death of or personal injury sustained by you unless it is caused by the negligence, wilful act or default or breach of statutory duty of us or our employees servants or agents. 5. WHAT YOU SHOULD DO IN THE CASE OF DAMAGE TO OR THEFT OF OR FROM YOUR VEHICLE 5.1 If your Vehicle is damaged whilst in a Car Park or is stolen or any of your possessions stolen from it whilst it is in a Car Park you must:- 5.1.1 immediately inform a member of our staff either in person or via the help button located at each entry barrier, exit barrier, and pay station; 5.1.2 (in the case of theft) immediately inform the Police; and 5.1.3 notify your insurer promptly. 5.2 If you believe you have a claim against us for any reason you must ensure that within 72 hours of discovering any loss or damage you write to us at our address stated below (see How To Contact Us), telling us exactly what happened, and what it is you are claiming. If you delay doing so, it may be impossible for us to establish exactly what happened or who (if anyone) is to blame, and therefore we reserve the right not to consider any claim unless it is made within that 72 hour period. 6. SECURING YOUR VEHICLE Unless requested by us or one of our employees servants or agents not to do so you must ensure that before you leave your Vehicle at a Car Park: 6.1 your Vehicle is securely locked 6.2 all the windows of your Vehicle and any sunroof are securely locked 6.3 your handbrake is fully engaged and your Vehicle left in gear (or, if it is an automatic, left in “Park” mode) 6.4 if your vehicle is fitted with a steering lock or similar device that it is engaged 6.5 no person or animal is left in your Vehicle; and 6.6 your possessions are taken with you. 7. DAMAGE TO OTHER VEHICLES OR PROPERTY WITHIN THE CAR PARK Should you damage another Vehicle or any part of a Car Park you must report the matter immediately to a member of our staff and give him the registration numbers of both Vehicles together with your full name and address and the name and address of your insurance company together with your policy number. In doing so, for the purposes of the Data Protection Act 1998 and any other relevant law you are consenting to our passing this information on to the owner or driver of any other Vehicle involved. You may be required to make good to our reasonable satisfaction any damage caused to the Car Park or to pay to us on demand the cost incurred by us in making good such damage. 8. SAFETY IN THE CAR PARK 8.1 You must drive carefully in the Car Park 8.2 You are responsible for the safety of your children. You must not allow them to be put in danger, or where they could cause an accident. In particular, children must not play in the Car Park and must not be left unaccompanied. 8.3 You must beware of Vehicles in motion 8.4 You must comply with all directions and signs from time to time posted in the Car Park and all instructions or requests given or made from time to time by any of our employees or agents for regulating traffic and controlling the positioning of Vehicles within the Car Park 8.5 You must ensure that animals are kept secured on a lead when outside your Vehicle 9. TICKETS 9.1 The ticket issued is valid only for the Vehicle in respect of which it is issued. Your ticket does not entitle you to use any particular space in the Car Park or to priority over other customers. 9.2 All tickets are our property. 9.3 If the Car Park is a pay on foot Car Park you should keep your ticket with you when you leave your Vehicle. If you lose your ticket you will be charged at the rate specified on the Tariff Board. 9.4 If you are permitted to pay by credit/debit charge card the cards which we will accept will be exhibited on this notice board or on the Pay Machine. We will debit against your card the tariff charge appropriate for your stay at the Car Park (or at the rate specified on the Tariff Board if you lose your ticket) together with any administration charge levied against us by the credit/debit/charge card company. 10. AGENCY When you enter the Car Park to park your Vehicle you accept these Terms and Conditions on behalf of yourself and all other persons having any proprietary possessory or other financial material interest in your Vehicle and its contents. 11 MOVING AND RE-LOCATION OF VEHICLES 11.1 This clause applies to all Vehicles, not simply those that are booked for Valet Parking. 11.2 We reserve the right to move your Vehicle within the Car Park by driving or otherwise to such extent as we think in our discretion may be reasonably necessary to avoid obstruction or for the more efficient arrangement of parking facilities at the Car Park. 11.3 In addition we reserve the right where the Car Park has to be closed either permanently or temporarily in whole or in part or has to be evacuated in cases of emergency or otherwise to remove any Vehicle at any time to any other location as we reasonably deem appropriate. 11.4 To the extent that it may be necessary to do so in the exercise of the rights given to us in these Terms and Conditions, we, our employees servants or agents have the right to drive or otherwise take any Vehicle out of the Car Park (including on to the public highway) or tow it away. 11.5 If requested to do so by us or our servants or agents you must leave the ignition boot doors and alarm keys to your Vehicle with a person authorised by us to so hold such keys. 11.6 We reserve the right to enter a Vehicle (and to use force if necessary) in such a manner as we think necessary without being liable for damage caused to facilitate the exercise of the rights given to us in these Terms and Conditions or to abate any nuisance caused by your Vehicle. 12. LIENS AND ABANDONED VEHICLES 12.1 A lien is a right for someone to hold another’s property until money has been paid. 12.2 Every Vehicle in the Car Park is subject to a lien for all charges due or accruing due from you to us and a general lien for all monies due from you to us. These liens exist whenever your Vehicle is in the Car Park notwithstanding that your Vehicle may from time to time have been removed from the Car Park. Therefore, we have the right to refuse to allow your Vehicle to leave the Car Park until all monies due to us from you have been paid in full. 12.3 To avoid misunderstandings, we recommend that you tell one of our staff, when you arrive at the Car Park, that you intend to leave your Vehicle in the Car Park for longer than 28 days. Unless you tell us this, or you have pre- booked for longer than 28 days specifying the registration number of the Vehicle concerned, we will be entitled to assume that the Vehicle has been abandoned. 12.3 We reserve the right to sell your Vehicle, by auction or otherwise if: 12.3.1 you have not paid all monies properly due to us within 28 days of us sending to you a written notice of our intention to sell the Vehicle; or 12.3.2 if we believe or are entitled to assume that the Vehicle has been abandoned. 12.4 before selling any Vehicle, we will: 12.4.1 make reasonable enquiries with a view to identifying and contacting the registered keeper; and 12.4.2 give at least 28 days’ notice of our intention to do so to the last registered keeper at the last-known address. This requirement will be satisfied if we post the notice by pre-paid post to that address, even if the registered keeper does not receive the notice or receipt is delayed. 12.5 If we do sell your Vehicle, we will apply the proceeds of sale in the following order: 12.5.1 towards the satisfaction of all monies properly owing to us by you; 12.5.2 towards the satisfaction of our reasonable expenses and administration charges in connection with the sale, including our reasonable administration charges; 12.5.3 towards the satisfaction of our reasonable charges for the parking or storage of the Vehicle until its sale and any balance will be held by us and paid to the last registered keeper before sale on proof of entitlement. 13. CHARGES FOR PARKING 13.1 The sums we charge for parking in the Car Park will be displayed on the Tariff Board and can be altered at any time at our discretion. 13.2 In the event of any Pay Machine failure, you are responsible for finding a Pay Machine that works. We also reserve the right to collect the charges for parking at the exit of the Car Park as Vehicles leave. 14. PENALTIES AND ENFORCEMENT 14.1 Where you park your Vehicle in breach of these Terms and Conditions we will (in our absolute discretion) either:- 14.1.1 Apply a Penalty Charge Notice. A Penalty Charge Notice (PCN) may be left on your Vehicle or handed to you. The PCN will specify:- - the sum you are required to pay - the time within which payment must be made - the address to which payment must be sent The PCN will also explain that unless payment is made in accordance with its terms court action will be commenced to recover the sums due from you under the PCN together with costs interest and any other sums legally recoverable; and/or 14.1.2 Apply a wheel clamp to your Vehicle. We adhere to the British Parking Association’s Code of Practice for the clamping of Vehicles. If your Vehicle is clamped notices will be displayed in the Car Park giving a contact telephone number and also specifying the fee to be paid by you for the removal of the wheel clamp. On payment of the sum the clamp will be removed as soon as reasonably practicable; and/or 14.1.3 Remove your Vehicle. If 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. 14.2 We may elect to apply all or any of the above enforcement actions though in relation to the following:- - parking in a no parking area - parking a double yellow line - parking other than in a designated parking bay - parking in a time restricted waiting area and being in excess of the allowed time - parking in a disabled bay without displaying the required ticket - parking across two parking bays - parking in a space that is marked as “reserved” without authorisation your Vehicle will always be either clamped or removed. 14.3 We accept no responsibility for any losses suffered or costs incurred by you as a result of the clamping or removing of your Vehicle. 15. APPEAL AGAINST ENFORCEMENT ACTION 15.1 It is our policy to enforce all fines and therefore you should make payment promptly. 15.2 We operate a discretionary non-binding appeal procedure and may consider any mitigating circumstances you may have. If you wish to appeal, you must write to us at our address given below (see How To Contact Us) within 72 hours of you becoming aware of the enforcement action that we have taken, setting out the relevant facts and any mitigating circumstances. If you delay doing so, it may be impossible for us to establish exactly what happened and therefore we reserve the right not to consider any claim unless it is made within that 72 hour period. 16. PROHIBITED ACTIVITIES 16.1 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 you or anyone on your behalf shall be done in the Car Park. 16.2 No activity in connection with the selling, hiring or other disposal of the Vehicle shall be carried out in the Car Park. 16.3 No commercial activity shall be conducted from any Vehicle within the Car Park. 16.4 No Vehicle shall obstruct any access or circulation area within the Car Park. 16.5 No Vehicle shall park other than within the spaces designated for parking. 16.6 No person shall do anything in the use of the Car Park that may be a nuisance or inconvenience us or any other user of the Car Park. 16.7 No Vehicle shall cause any unnecessary noise, vibration or exhaust fumes within the Car Park. 16.8 No Vehicle shall be parked so as to take up more than one space designated for parking. 16.9 No person shall do any act or thing which may render valid or void any policy of insurance effected in respect of the Car Park. 16.10 No person shall park in spaces designated as being reserved unless entitled to do so. 16.11 No person shall deposit in the any rubbish, litter or refuse of any kind in the Car Park, other than in proper receptacles provided for the purpose. 16.12 No person shall pour or transfer petrol or other fuels into or out of this fuel tank of any Vehicle. 17 VEHICLE SIZE 17.1 You are required to observe all reasonable restrictions as shall from time to time be made by us in respect of the height length or width of vehicles to be parked in or allowed access to the Car Park. 17.2 It is your responsibility to ensure that your Vehicle satisfies any Vehicle size restrictions imposed in relation to the Car Park. No refund will be given under any circumstances if your Vehicle does not comply with any Vehicle size restrictions and you are required to leave the Car Park. 18 VALET PARKING 18.1 All of the above Terms and Conditions apply to Valet Parking as well as self-park. 18.2 When valet parking, your must leave the keys of the Vehicle with us and you will be given a ticket. You must present this ticket to us when collecting your Vehicle. If you cannot, for example because you have lost it, we will require evidence of your identity (for example your passport or driving licence) before handing the keys over. We will not be responsible to you if we hand over the keys of your Vehicle to someone else, as long as we have acted in good faith. 19. HOW TO CONTACT US E-mail us at : carparkadmin@bristolairport.com Telephone us on : 0870 1252 747 Write to us at : Bristol International Airport Limited, Business Support (Car Parking), Administration and Security Building, Bristol International Airport, Bristol BS48 3DY