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Terms and Conditions

REVISION DATE: 14 July 2018

1. INTRODUCTION

  1. 1.1 These terms and conditions apply to all parking bookings via https://www.parkjockey.com/arena-birmingham-events ("Site") and the ParkJockey app ("App") at Utilita Arena Birmingham.
  2. 1.2 The car park is operated by The National Exhibition Centre Limited (trading as Utilita Arena Birmingham) (Company number 949395) (“Utilita Arena Birmingham”) which is incorporated in England. The registered office is at the National Exhibition Centre, Birmingham B40 1NT. VAT number is 670311663.
  3. 1.3 Utilita Arena Birmingham instruct ParkJockey Global Limited to act as its agent in respect of parking payments and customer service and all queries in relation to parking should be directed to the ParkJockey customer support by telephoning (0207 842 8508) or emailing (uksupport@parkjockey.com). Please note that your ParkJockey account and/or any payments made through the Site and the App will also be subject to ParkJockey’s terms and conditions.
  4. 1.4 These terms and conditions contain important information and they specify matters for which Utilita Arena Birmingham does not accept responsibility.

2. CAR PARKING

  1. 2.1 When you book car parking via the Site or the App you will be given a booking confirmation by email (“Booking Confirmation”).
  2. 2.2 The booking you make is valid only for the dates, times and car park specified in the Booking Confirmation. Parking outside of the booked period will be charged at the then valid parking rate. You must pay any parking charges for parking outside the booking period before you leave the car park.
  3. 2.3 Parking is restricted to cars and people carriers under 1.8m in height. If you arrive in any other type of vehicle you will be refused entry.
  4. 2.4 When you have parked your vehicle, it is your responsibility to:
    1. 2.4.1 lock your vehicle securely;
    2. 2.4.2 fully close all windows of your vehicle;
    3. 2.4.3 apply your handbrake properly;
    4. 2.4.4 engage any steering lock, alarm or immobiliser you have; and
    5. 2.4.5 ensure that your possessions are placed in a locked boot and are not on display.
  5. 2.5 Utilita Arena Birmingham cannot be held responsible for any loss or damage whatsoever occurring to your vehicle or possessions within it resulting from your failure to do these things. Utilita Arena Birmingham and its subcontractors do not accept any valuables or other articles for safe custody.
  6. 2.6 You must drive carefully and responsibly in the car park. You must also ensure that any children and animals are properly supervised and are at all times accompanied when they are using the car park. Please take care to be aware of all vehicles in motion within the car park.
  7. 2.7 You must comply with all directional signage and other instructions when in the car park.
  8. 2.8 Utilita Arena Birmingham does not accept liability for:
    1. 2.8.1 damage to your vehicle (whether caused accidentally or by way of vandalism); and/or
    2. 2.8.2 theft of, or from, your vehicle.
    while the vehicle is in the car park, unless such damage or theft is caused by the negligence of Utilita Arena Birmingham or its agents or employees, and then only to the extent that Utilita Arena Birmingham’s negligence has caused or contributed to the relevant damage or theft.
  9. 2.9 If you fail to collect your vehicle more than 30 days after the date which you have specified for exit in the booking then, absent a written notification to us specifying:
    1. 2.9.1 the vehicle registration number;
    2. 2.9.2 its approximate location within the car park; and
    3. 2.9.3 the reason for the delay in collection plus details of the expected (revised) collection date
    we will deem the vehicle to have been abandoned. In such circumstances, providing we serve not less than 30 days’ notice in writing via recorded delivery to the address provided at the time of booking, we shall be entitled to remove and sell the vehicle and deduct from the proceeds both our reasonable handling expenses and any unpaid sums for days in which the car has been in the car park calculated at the standard tariff. Any balance of the sale proceeds remaining after satisfaction of any sums owing will be held by us on behalf of the registered keeper of the vehicle and paid over on proof of entitlement. Our rights of disposal set out herein are in addition to any of our rights to dispose of unclaimed vehicles under the Torts (Interference with Goods) Act 1977.
  10. 2.10 While Utilita Arena Birmingham uses reasonable endeavours to ensure that the car parks are secure, Utilita Arena Birmingham does not guarantee that they are a secure environment.
  11. 2.11 In using the car park, you agree to abide by any additional terms of such use that may be displayed in or around the car park. These may include, but are not limited to, terms regarding permissions to be in the car park and penalties for parking in prohibited places.
  12. 2.12 We reserve the right to move any vehicle within or outside the car park to the extent that we deem necessary to carry out the efficient management of the car park.
  13. 2.13 If your vehicle is parked in a manner which (in our reasonable opinion) is unsafe, is outside of a designated parking space, impedes the free flow of traffic in and around the car park or is in breach of any restriction marked on signage or on the ground in the car park (or otherwise brought to your attention), we may:
    1. 2.13.1 cause your vehicle to be removed without notice, and you will be responsible for the costs of such removal and recovery; and/or
    2. 2.13.2 issue a parking charge notice to you for such amount as may be published at the car park from time to time in respect of the relevant breach.

3. CANCELLATION & CHANGING BOOKINGS

  1. 3.1 Should you wish to cancel or amend your booking or part of it (including any changes to the registration number for your booking) you may do so by logging into your ParkJockey account, or by telephoning (0207 842 8508) or emailing (support@parkjockey.com) ParkJockey customer support.
  2. 3.2 Bookings are fully refundable up to two hours before the start of the reservation unless noted otherwise. You can cancel your booking for any reason before this time. After the start of the parking reservation, all bookings are non-refundable, even if you were unable to use the parking.
  3. 3.3 We reserve the right to cancel your booking. If we cancel your booking for any reason you will be refunded the amount received from you for the booking on the card on which the payment was made.
  4. 3.4 No refunds will be made other than as expressly provided for in these terms and conditions.
  5. 3.5 Your statutory rights are not affected.

4. OUR LIABILITY TO YOU

  1. 4.1 Utilita Arena Birmingham will act with reasonable skill and care when providing services to you.
  2. 4.2 Nothing in these terms and conditions limits Utilita Arena Birmingham’s liability in the case of death or personal injury caused by the Utilita Arena Birmingham’s negligence, or in the case of fraud.
  3. 4.3 In addition to the exclusions in paragraphs 2.5 and 2.8, Utilita Arena Birmingham does not accept liability for:
    1. 4.3.1 any loss of profit, loss of enjoyment, loss of revenue, loss of data, or loss of earnings; and/or
    2. 4.3.2 any indirect or consequential loss.
  4. 4.4 Subject to paragraphs 4.2 and 4.3, Utilita Arena Birmingham’s liability to you for the provision of car parking shall be limited to £50,000.

5. GENERAL

  1. 5.1 Any contract made between you and us via the Site or App is governed by English Law.
  2. 5.2 We reserve the right to change these terms and conditions, but once you have made a booking the terms and conditions which apply are those which were on the Site at the time of booking. However please do not assume that the terms and conditions which applied on one occasion when you booked a service from us will continue to apply when you next book. We recommend that you always read these terms and conditions before booking to satisfy yourself that you accept them.
  3. 5.3 These terms and conditions, along with all other relevant terms and conditions that are referred to herein (including those available at the car park), constitute the entire agreement between you and Utilita Arena Birmingham with respect to the sale of the relevant services.