Customer's particular attention is drawn to paragraph 11 of these terms (limitation of liability)
- These Terms & Conditions
- What these terms cover. These are the terms and conditions on which ParkJockey London Ltd ("ParkJockey", "we", "our" or "us") supply products to customers of us purchasing a season ticket (“Season Ticket”) via the ParkJockey app ("you", "your", "customer" or "user").
- Why you should read them. Please read these terms carefully before you submit sign-up for a Season Ticket through us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer.
You are a consumer if:
- you are an individual; or
- you are purchasing a Season Ticket from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
- Information about ParkJockey and how to contact us
- Who we are. We are ParkJockey London Ltd a company registered in England and Wales. Our company registration number is 08701979 and our registered office is at Moss Goodman, Chartered Accountants, 24 Lyndhurst Gardens, London, England, N3 1TB. and correspondence address at 46A Carnaby Street, 3rd floor, London, W1F 9PS. Our registered VAT number is 178011615.
- How to contact us. You can contact our ParkJockey Customer Support team as follows:
Phone: 0207 842 8508
Post: correspondence address above
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- Reasons we may suspend the provision of services to you. We may have to suspend the provision of services to you and/or your use of the Season Ticket:
- in order for us to deal with technical problems or make technical changes to our systems;
- to update the product to reflect changes in relevant laws and regulatory requirements; and/or
- due to events outside of our control including, without limitation, in respect of exceptional events of a high security nature affecting the Barclaycard Arena, The ICC and/or Symphony Hall.
The Season Ticket is only valid for the car park (s) and the vehicle(s) registered to the user on the ParkJockey system. If two registrations are connected to the user, only one vehicle may use it at a time. If two registrations connected to the user attempt to use the Season Ticket simultaneously, the second vehicle will be subject to the normal car park charges or parking penalties. Hourly and day rates exist in all car parks at costs advertised on the ticket machines.
- Number plate recognition.
- ParkJockey car parks are enforced by number plate recognition systems. Upon signing up for a Season Ticket, it is your responsibility to provide all necessary details in order for the ANPR (Automatic Number Plate Recognition) cameras to work effectively in order to avoid you being sent enforcement fines.
- The Car Park(s)
- North and South car parks. Your space allows you to park in any available space in either car park . ParkJockey may reserve spaces or restrict the number of levels available at any time at our discretion.
- West Five car park.
- You will be assigned a dedicated car park space in the West Five Car Park (“Parking Space”) and issued with a remote control key fob that will give you access to the car park. You must keep this safe at all times. ParkJockey reserves the right to withdraw the key fob from use in the event of breach of the contract terms or non-payment of charges. The vehicle must be parked in your Parking Space. Vehicles must not obstruct exits or access to other parking spaces. The Parking Space must not be used for storage.
- A charge of £50 will be made for the re-issue of a replacement key fob. The original key fob becomes invalid when the loss is reported to ParkJockey. A letter explaining the circumstances of the loss is to be provided by the customer. This charge may be waived in the case of a stolen vehicle however the customer must provide ParkJockey with the crime number along with the name of the police station where the crim e has been reported.
- Overall maximum heights. North: 1.80 m South 1.80m West Five 1.85m Certain bays (including part of the North Car Park Level 7) are locally marked as lower due to positioning of services. Local height notice takes precedent over these heights.
- Certain bays can accommodate higher vehicles on request. The standard parking bay is 2.4m wide.
- No vehicles shall be towed in the car park(s).
- No work or cleaning of vehicles shall be permitted in the car park(s).
- You agree to comply with any terms and conditions of use of the relevant Car Park(s) in force from time to time whether issued by or on behalf of the NEC or the owners or operators of the relevant car park(s), the Barclaycard Arena, The ICC and/or Symphony Hall or otherwise.
- Change of Details.
- ParkJockey Customer Support (see details below) must be notified immediately of any change to vehicle details and other relevant information. Should the change of details require an update to your payment or vehicle details, it will require a minimum of 2 working days to update the system of any changes.
- If you enter the car park with a vehicle not listed on your account, you will have to pay the normal car park charges or be subject to parking penalties. Hourly and day rates exist in all car parks at costs advertised on the ticket machines.
- Park Jockey retains the right to restrict the number of changes permitted in any given contract period.
- Withdrawal of Season Ticket. ParkJockey has the right to withdraw the Season Ticket at any time. Upon termination of the Season Ticket any outstanding months or part thereof will be refunded. If the Season Ticket is not used according to the conditions of issue ParkJockey have the right to invalidate the Season Ticket and terminate the contract.
- Auto-renewal. Upon signing up and paying for your Season Ticket you will be asked whether you would like to sign up for auto-renewal. If you would like to opt for auto- renewal please specify in your application found at www.parkjockey.com. Payment will be taken directly from the credit/debit card which you sign up with. Two weeks before your Season Ticket contract is due to end, you will receive a notification. If you do not wish to be charged automatically for your Season Ticket you must notify Park Jockey at least one week before your Season Ticket is due to expire. All applications for renewal are subject to acceptance by ParkJockey.
- Failure to Pay. If ParkJockey fails to take payment from your card for any reason, including having insufficient funds and expiry of card, ParkJockey will not re-present it to the nominated Bank or Building Society but we will contact you to find out whether you wish us to re-present it to or take payment by alternative means. You will remain liable for payment for the remainder of the term of contract which you have agreed with ParkJockey.
- Limitation of liability
- Personal possessions and valuables should not be left in vehicles. ParkJockey will not accept responsibility for any damage to or loss from vehicle(s).
- Our responsibility for loss or damage suffered by you
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Subject to 11.3.1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £100 and the total sums paid by you for services under the relevant contract under these terms.
- ParkJockey shall not be liable (except for death or personal injury caused by our negligence) for any damages or loss arising out of or in connection with your use of or inability to use the car park(s) or claims of third parties whether resulting from the use or the inability to use the car park(s).
- We shall not be liable to you in any circumstances due to an act or omission of the NEC or the owners or operators the relevant car park(s), the Barclaycard Arena, The ICC and/or Symphony Hall.
- Season Tickets for business customers. The proper use of such Season Tickets is the responsibility of the business to which they are issued. The business is responsible for keeping the authorised Season Ticket user information registered in the ParkJockey system updated should any employee or personnel join or leave the business. ParkJockey shall not be responsible in the event that a business customer fails to remove a user from the ParkJockey system.
- How we use and process your personal information
- ParkJockey will hold and process your name, contact and vehicle information (and in respect of a business customer, such information relating to authorised users of the Season Ticket) and will send you information via text and email from ParkJockey only, unless you indicate otherwise.
- We will use the personal information you provide to us:
- to supply services to you;
- to process your payment for the services; and
- if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
- Subject to paragraphs 13.3 and 13.5, ParkJockey will not disclose these details to any third party without your consent, unless required by law.
- By signing up to a Season Ticket with ParkJockey you agree that ParkJockey may pass on relevant personal information to a third party (which shall for the avoidance of doubt include The National Exhibition Centre Limited) for the purposes of carrying out the services and enforcement of these terms and any terms and conditions of use of the relevant car park(s) as the case may be. Such information will include customers name, contact details and vehicle registration number.
- Termination of a contract under these terms. These terms may be amended by ParkJockey at any time on giving 30 days’ written notice to you. No provision in these terms is intended or does it confer upon any third party, any benefit or right enforceable by third party. ParkJockey reserves the right to terminate this contract in circumstances beyond its reasonable control which remain in existence for more than 30 days. These terms and any contract entered into under these terms may not be assigned or transferred. English law applies.
- Other important terms
- We may transfer any contract entered into under these terms to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- If a court finds part of these terms (or any of them) are unlawful or unenforceable, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing any right under these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking a contract entered into under these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us and you under these terms 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
- ParkJockey Customer Support
For further information:
Phone: 0207 842 8508
REVISION DATE: March 20, 2017