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
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