SECURAPARK (MANCHESTER) LIMITED

STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES

1. DEFINITIONS
1.1 In these Terms:
"Car Park" means the Multi Storey car park at Rowlandsway, Manchester or such other secure premises at which we store your vehicle for the purpose of providing the Service;
"Charges" means our standard charges shown on our website, in our brochure or other published literature relating to the Service from time to time;
"Contract" means the contract for the provision of the Service;
"Optional Service" means a car valeting service undertaken whilst your vehicle is parked at the Car Park;
"Valet Parking Service" means a "Meet and Greet" car collection service, moving your vehicle from Manchester Airport terminals to the Car Park secure storage of your vehicle for the duration of your trip and returning your vehicle to the terminal, and includes, where requested by you, the Optional Service;
"Specification Sheet" means the form submitted to us by you containing the specific details of the Service you request us to provide for you, and which, once accepted in Writing by us, forms the basis of the Contract together with these Terms;
"Terms" means the standard terms of sale set out in this document and (unless the context otherwise requires) including any other special terms agreed in Writing between us;
"We" (including such similar expressions as "Us" and "Our") are Securapark (Manchester) Limited (Company number 03313636) whose registered office is at 8th Floor, Multi Storey Car Park, Rowlandsway, Manchester M22 5RG;
"Working Day" means every day from Monday to Friday excluding Bank Holidays;
"Writing" and any similar expression includes facsimile transmission and comparable means of communication (including electronic mail);
"You" (including such similar expressions as "Your" and "Yourself") are the person named on the Specification Sheet for whom we have agreed to provide the Service in accordance with these Terms.
1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.
1.3 Any reference in these Terms to:
1.3.1 a statute or provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
1.3.2 the singular shall include the plural and vice versa and any reference to one gender shall include all genders.
2. SUPPLY OF THE SERVICE
2.1 Submission by you of the Specification Sheet to us constitutes an offer for us to supply the Service in accordance with these Terms. No offer shall be binding unless and until accepted by us in Writing.
2.2 If we accept your offer, we will provide the Service in accordance with any agreed Specification Sheet, and subject to these Terms which shall govern the Contract to the exclusion of any other Terms. Any changes or additions to the Service or these Terms must be agreed in Writing between us.
2.3 Further details about the Service, and advice or recommendations about its provision or use, which are not given on our website, in our brochure or in other promotional literature, may be made available on Written request. However, all information contained on our website, in such sales literature and any advice or recommendation given by us or our employees or agents to you which is not confirmed in Writing by us is followed or acted upon entirely at your own risk. Accordingly, we will not be liable for any such advice or recommendation that is not so confirmed.
2.4 We may correct any typographical or other errors or omissions on our website, in any brochure, promotional literature, quotation or other document relating to the provision of the Service without any liability to you.
2.5 We may at any time make any changes to the Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Service.
2.6 Undercover parking of SVP (Meet and Greet) vehicles may not be available in peak periods.
2.7 During peak periods SVP vehicles may be parked in our overflow fully secure location.
2.8 In peak periods it may become necessary to park your vehicle in a holding bay until a space becomes available. At these times we would require you to leave us your car keys in order that we can transport you to the airport with the very minimum of delay.
3. INSPECTION OF YOUR VEHICLE
3.1 We will endeavour to undertake an inspection of your vehicle as soon as you leave the vehicle with us to record any damage sustained prior to the provision of the Service. Minor damage to your vehicle (such as sharp or jagged edges, or small scratches) will not be recorded and accordingly, we accept no liability for such minor damage.
3.2 If volume of business does not permit inspection of your vehicle at the earliest available opportunity, we may undertake inspection of the vehicle on arrival at the Car Park.
3.3 We will also undertake an inspection of your vehicle before returning it to you from the Car Park. If we discover at that time that your vehicle is in a condition that would put you of breach of the warranty given in clause 6.5, we reserve the right to refuse to move the vehicle from the Car Park. We will endeavour to inform you in good time if such an incident occurs.
3.4 You are advised to inspect your vehicle yourself immediately upon its return to you, since any claim for damage to your vehicle or loss of contents of your vehicle will not be entertained after you have accepted the keys to the vehicle.
4. CHARGES
4.1 Subject to any special terms agreed, you will pay the Charges and any additional sums which are agreed between us for the provision of the Service or which, at our sole discretion, are required as a result of your instructions or lack of instructions or any other cause attributable to you.
4.2 We shall be entitled, at our sole discretion, to vary the Charges to reflect any increased cost to us in providing the Service by giving not less than seven (7) days Written notice to you.
4.3 All Charges quoted to you for the provision of the Service are inclusive of any Value Added Tax, for which you shall be additionally liable at the applicable rate from time to time.
4.4 You must pay the Charges in full before your vehicle is released back to you.
4.5 We reserve the right to apply to the DVLA for names and addresses where payment has not been made.
4.6 Until you have paid all Charges and any other monies due or accruing from you to us, your vehicle is subject to a lien in our favour. If you fail to make payment of sums due to us under the Contract, we will give Written notice to you of our intention to sell your vehicle. If you are still in default of payment to us thirty (30) days after such Written notice has been given by us to you, We may sell your vehicle and may apply the proceeds of sale to any sums owing to us from you (including, for the avoidance of doubt, expenses of sale and parking charges incurred following completion of the Service). Any surplus from the proceeds of sale will be held by us on behalf of the registered owner of the vehicle.
4.7 You have three calendar months from the date of the Contract to collect your vehicle from us. If you fail to collect your vehicle within this three-month period we will give you Written notice of our intention to sell your vehicle. If the vehicle has not been collected thirty (30) days after such Written notice has been given by us to you, We may sell your vehicle and deduct from the sale proceeds any outstanding amounts still owed to us from you as at the date of the sale (including, for the avoidance of doubt, expenses of sale and parking charges incurred following completion of the Service). Any surplus from the proceeds of sale will be held by us on behalf of the registered owner of the vehicle.
5. DELAYS
5.1 We will use all reasonable endeavours to meet you and return your vehicle on time, but we cannot guarantee it. It is your responsibility to minimise the consequences of any delay by informing us immediately of your late arrival.
5.2 Chauffeurs will wait at the point agreed for return of your vehicle for a reasonable length of time, before returning the vehicle to the Car Park. If the vehicle is returned to the Car Park, we may arrange for a minibus to return you to your vehicle at the Car Park (though we reserve the right to charge the actual cost of providing this additional service) or you will be responsible for your own transportation to the Car Park for collection of your vehicle. Alternatively, a further pick up time may be agreed with us, but this will incur additional charges.
5.3 Flight alterations resulting in returns between 22.00hrs - 06.00hrs will incur supplements chargeable at the rate in force at the time. - NOT PARK & RIDE
5.4 Extra periods of parking due to longer flight delays or any other cause (including return flight diversions) will be chargeable at the rate in force at the time.
5.5 Cancellation, delay or failure to arrive for an appointment attributable to you (whether in respect of an outbound or return journey), will incur additional charges at the rate in force from time to time.
6. YOUR RESPONSIBILITIES TO US
6.1 You will, at your own expense, supply to us all necessary documents or other materials, and all necessary data or other information relating to the Service, within sufficient time to enable us to provide the Service in accordance with the Contract. If the Service cannot be performed due to your lack of or inaccurate information or instructions, you may apply for a refund of the Charges, though a handling charge will apply. Full details of the level of the handling charge can be found on our website.
6.2 We operate a group insurance policy which excludes certain classes and values of vehicle. We reserve the right to increase the Charges to cover any insurance surcharge where your vehicle is not covered by our group policy. Our liability for damage to the vehicle is limited to the manufacturer's UK design or specification and any manufacturer's warranty provided. You must inform us of any changes to manufacturers' specifications when you submit your Specification Sheet to us.
6.3 You are responsible for leaving with us all equipment needed to allow us to perform the Service (including keys, locks etc).
6.4 We will not return your vehicle to you if you are unable to identify yourself to the satisfaction of our staff. We recommend that you bring your Specification Sheet and our Written confirmation of booking with you on collection of your vehicle.
6.5 You warrant to us that the vehicle is roadworthy and is in a safe condition to allow us to perform the Service and that you have complied with all relevant legislation concerning the vehicle.
6.6 You warrant that you are the owner of the vehicle or that you have the power to deal with the vehicle as if you were its owner.
7. INDEMNITY
7.1 You agree to indemnify us and any of our employees against all fines and costs incurred as a result of the vehicle's poor condition or its non-compliance with any relevant legislation (including for the avoidance of doubt any loss of profit and consequential loss).
7.2 You agree to indemnify us (and any of our employees) against any loss, damages, costs, expenses and fines (including for the avoidance of doubt any loss of profit and consequential loss) caused to us, our employees or agents or any third party or their property as a result of a breach of the warranty given in clauses 6.5 and 6.6.
8. WARRANTIES AND LIABILITY
8.1 We warrant to you that the Service will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with and within the times referred to in the Specification Sheet.
8.2 Whilst we will use all reasonable endeavours to ensure that your vehicle is safely stored (including using locks and alarms where provided by you) during performance of the Service, the Car Park has public access and therefore we cannot guarantee the safety of your vehicle or its contents. Accordingly we, subject to clause 8.3, accept no liability for any loss or damage caused to your vehicle or its contents during the performance of the Service, and we strongly recommend that you have in place appropriate insurance during the period of this Contract.
8.3 We will only be responsible for damage to the vehicle caused whilst it is driven by one of our chauffeurs or during performance of the Optional Service. We are not liable for damage caused by third parties at other times (including, but not limited to, whilst the vehicle is waiting at an airport terminal).
8.4 We will only accept liability where it is proved to have been caused by the negligence, wilful act or default or breach of our statutory duty or that of our employees during the performance of the Service. This includes, but is not limited to, mechanical and/or electrical defects in your vehicle, body work and the interior of your vehicle.
8.5 Where your vehicle is damaged by us or one of our employees, your sole remedy will be for us to arrange for the vehicle to be repaired by one of our authorised repairers. We will provide you with an alternative vehicle at no extra cost for the period of the repair (though we give no guarantee that the vehicle will be of equivalent value or the same make or model as the vehicle under repair). You may choose your own repairer if you wish, but we will not be responsible for any increased cost above that which would have been charged by our authorised repairer for the same repair job.
8.6 We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by you which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non arrival, or any other fault of yours, howsoever caused.
8.7 Nothing in this clause 8 purports to limit or exclude our liability for loss caused by fraudulent misrepresentation or death or personal injury caused by our negligence.
8.8 Subject to clause 8.7, we shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence, or that of our servants or agents or otherwise) which arise out of or in connection with the provision of the Service or their use by you.
8.9 Subject to clauses 8.7 and 8.8, our entire liability under or in connection with the Contract shall not exceed the amount of our Charges for the provision of the Service, except as expressly provided in these Terms.
8.10 We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was due to any cause beyond our reasonable control.
8.11 We accept no liability for loss or damage caused during the seizure of your vehicle by the Police, Customs & Excise, or any other authority legally empowered to do so.
9. TERMINATION
9.1 Either party may (without limiting any other remedy) at any time terminate the Contract by giving Written notice to the other if the other commits any material breach of these Terms and (if capable of remedy) fails to remedy the breach within thirty (30) days after being required by Written notice to do so, or if the other goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
9.2 We reserve the right to cancel the contract if the Service was listed on our website, in any brochure, promotional literature, quotation or other document at an incorrect price due to a typographical or other error.
9.3 If we terminate the Contract in accordance with clause 9.2, we will notify you immediately and we will refund or re-credit any amounts already paid to us within thirty (30) days.
10. YOUR RIGHT TO CANCEL
10.1 You have the right to cancel the Contract at any time up to 14 Working Days before the start of the contract.
10.2 To exercise your right to cancel the Contract, you must give Written notice to Us by hand or post, fax or e-mail using the contact details set out below:
8th Floor, Multi Storey Car Park, Rowlandsway, Manchester M22 5RG
Fax Number : 0161 436 3773
E-mail address : bookings@securapark.com
10.3 If you accept performance of the Service within the Cancellation Period (for example by depositing your vehicle with us before the end of the Cancellation Period) you will lose your right to cancel the Contract.
10.4 If you validly cancel the Contract within the Cancellation Period, we will refund or re-credit any amounts paid to us within thirty (30) days of your notice of cancellation.
11. GENERAL
11.1 These terms (together with the terms, if any, set out in the Specification Sheet) constitute the entire agreement between us, supersede any previous agreement or understanding and may not be varied except in Writing between us. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
11.2 A notice required or permitted to be given in Writing by us to you under these Terms shall be deemed to have been properly served by sending it by first class post addressed to you at the address you gave us in the completed Specification Sheet. A notice required or permitted to be given by you to us under these Terms shall be in Writing addressed to us at our registered office.
11.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.4 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
11.5 The Contract shall be subject to the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
11.6 No person who is not a party to the Contract shall have any right by virtue of the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.