Contract Terms and Conditions
We, ‘Wembley Parking Limited’ (hereafter referred to as WPL), are registered in England with company registration number
06247949 and our registered office is Latif House, First Way, Wembley Middx HA90JD. Please address any written correspondence to this address.
You should read the following terms and conditions before entering into a contract for the provision of parking. It is important to note that for every purchase you make, both you (‘the Buyer’) and we, WPL, as the sellers, will be legally bound by these Terms.
If there are any comments which you would like to make to help us improve our service to you, we would love to hear from you.
Changes to these Terms
We reserve the right to make changes to these Terms & Conditions from time to time. Please check this page to ensure you are familiar with the terms.
The Contract
These Terms in addition to the Terms of Use; and the rules displayed in the car park.
The Formation of the Contract.
By submitting an application form to purchase parking, will be making us an offer, we will then either accept or reject the offer.
If we accept your offer we will notify you on screen, e-mail, telephone, post or other appropriate method, to confirm
this and we will at the same time confirm the specifications.
As soon as we accept your ‘offer’, there will be a contract between us.
If we reject an ‘offer’, for whatever reasons, (i.e. lack of availability) you will be notified immediately via email, telephone or post and you will not be charged. No contract will exist in this instance.
Availability
Spaces are made available online on a first come first served basis, and no guarantee of availability can be made. Prices may also vary depending on the date of the booking, with those booking earliest enjoying the lowest rates. You can also contact us via telephone to enquire for availability if the website is showing no available spaces.
Price
The price for services will be as specified on this web site at the date on which you submit the Application Form. Prices are subject to change at any time and are strictly on a per car basis (i.e. not vans, minibuses or coaches)..
Standard Rate
This is the rate set on each date for those wishing to use the car park services without a purchasing a prebooking. This rate is subject to change at any time and will be on display at the car park entrance.
Payment
We can accept a variety of debit and credit cards, including Switch, Visa, MasterCard, and we also accept cheques. Please note that cheques can only be accepted upto 15 [b]working[/b] days from the date of the Reservation date. To maximise the security of your credit/debit card online, we ensure that our card processing is handled off our website and with the highest level of security available. We are never privy to your debit/credit card information.
Your Confirmation
Once you have paid for the Services you will receive via email a confirmation number unique to the Reservation. Please present your name, address and this unique confirmation number to the attendant in order to be directed to your reserved parking space. You can if you wish request to have this confirmation posted to you, but please allow enough time to receive this prior to the reservation date.
Your unique reference number (eTicket) will relate to a single vehicle type, although it is not linked to a specific vehicle. It is good for one use on the reservation date.
Your Reservation (eTicket) is particular to you and cannot be sold, transferred or assigned.
Please note that a separate Application Form needs to be completed for each ticket.
If you are unable to produce Your eTicket Unique reference number, we will attempt to identify your booking using your name and address, if this not possible, we will be obliged to ask for payment based on the relevant rate for non prebooked parking. This will be refunded to you on return to the vehicle if we are able to identify you. If we are still unable to identify you, we will require your proof of payment as identification of the purchase. We will then refund you the non prebooked rate once it is proven you had prebooked the date.
Cancellation
You may cancel the Contract between us by notifying us of your intention to do so provided that this cancelllation in writing 3 days prior to the reservation date. Upon receipt of your notice to cancel the Contract we will reimburse you using the same payment method as used to purchase the reservation.
Disclaimer
We promise to exercise reasonable care and skill in carrying out our obligations under this Contract.
Where we accept that we are liable or where we are found to be liable in breach, in relation to any claim you might have against us, we do however limit that liability to the following:
To direct and foreseeable losses (including which result from our negligence) which you may suffer. We will not be liable for losses, which are indirect. By ‘indirect losses’ we mean, for example, loss of profits or loss of contracts, damage to any of your property or damage to anyone else and personal injury which you or someone else might suffer which is not a result of our negligence.
Twice the sum paid in relation to Your Ticket.
The Contract between us is for your benefit only. It does not give any rights (except in relation to death and personal injury) to anyone else.
Errors or omissions
Whilst we will make every effort to ensure that the information on this web site, including anything in the Contract and also in any correspondence from us to you, is accurate and up to date, we can not guarantee this. If we do make any mistakes, we apologise. We reserve the right to correct any mistakes without there being any liability on our part.
Transfer of this Contract
We may transfer the Contract to another party, however, you may not transfer the Contract to another party.
Law relating to this Contract
Unless any overriding law applies, the Contract between us will be subject to English Law and any disputes will be resolved in the English Courts.
Please note that by agreeing to these terms, you will be entering into a legally binding contract with us.
These Terms and Conditions constitute an agreement between you, the user, and us, and set out the conditions upon which you may access the information, products, material and services available through the Site. By accessing, viewing, or using any of the information, products, materials or services available on or through this Site, you accept these Terms and Conditions and agree to be legally bound by them. Please do not use this site if you do NOT agree with these Terms and Conditions.
These Terms and Conditions (including any amendments made by us) will continue in force until such time as either you or we terminate the agreement between us.
This Site is not intended to be accessed or used by users in countries other than in the United Kingdom and no representation or warranty is made as to whether the information available in this Site complies with the regulatory regime of countries from which the pages in this Site are not to be accessed.
Termination
If either we or you wish to terminate the agreement between us this can be done by sending an e-mail (by us to your e-mail address and by you to or by post (by us to your usual address and by you to our registered office as given above. Notices will be deemed to have been served one hour after transmission by e-mail and 3 working days after despatch by post. You are responsible for notifying us of any change to your e-mail address and where provided to us your postal address.
Any breach of these Terms and Conditions shall entitle us to immediately terminate your use of the Site and any services, which we provide to you without notice.
Neither party is obliged to provide to the other any reason for their decision to terminate the agreement between us.
Changes to the Terms and Conditions
We reserve the right to change these Terms and Conditions or policies regarding the use of the Site at any time and to notify you by posting an updated version of these Terms and Conditions on the Site, at which point they will become immediately effective. Your continued use of the Site after any such changes will constitute your consent to such changes.
Linking to other sites
If we link to external sites, we do not accept any responsibility for their contents.
Intellectual Property Rights
Unless otherwise stated, any intellectual property rights arising in respect of this Site’s design, text, graphics, its selection and arrangement, software and all other material (the ‘Content’) on or in this Site belong to us and/or our licensors. Any use of such intellectual property rights or software is strictly prohibited except where expressly allowed under these Terms and Conditions.
Permission is hereby granted to electronically copy and store (but not on any server or other storage device connected to a network) and print individual pages of the Content on paper (but not photocopy them) from this Site only for purpose of your private and personal non-commercial use. You may also permit your computer to make an electronically stored, transient copy of the Content for the purpose of viewing it while connected to the Internet only. However you may only make one copy of the Content. Any other use of the Content, including reproduction for purposes other than that hereby authorised (including the removal of copyright or trade mark notices), creation of an electronic or manual database by systematically downloading and storing the Content, distribution (whether electronically or not) or republication is prohibited.
For the avoidance of doubt, this permission does not transfer ownership or confer any other right to you in the whole or any part of the Content.
The name, logo and domain wembleyparking.net are trade marks of Wembley Parking Limited.
Privacy Policy
The basis upon which we may use personal data relating to you is set out in our privacy statement.
Your responsibility
You agree that you will only use the Site in a manner that is consistent with these Terms and Conditions and in such a way as to comply with all applicable laws and regulations. In particular, you will not use the Site to:
1 commit or encourage a criminal offence;
2 store, send, receive or publish any material which is offensive, or which we believe may be abusive, indecent,
obscene or menacing, or in breach of confidence, privacy or any other rights;
3 infringe the intellectual property rights of any third party;
4 do anything which is contrary to the acceptable use policies of any connected networks and internet standards;
5 insert or knowingly or recklessly transmit or distribute a virus;
6 seek unauthorised entry into back office;
7 hack into any aspect of this Site;
8 corrupt data;
9 circumvent, or attempt to circumvent, any of our security safeguards or those of any third parties, including
merchants, sponsors and the other licensors who provide material which we post on the site (‘Providers’);
10 cause annoyance to other users of this Site or others;
11 send any unsolicited advertising or other promotional material, commonly referred to as “spam” by email or
any other electronic means; and/or
11 send email or any other type of electronic message with the intention or result of affecting the performance or
functionality of any computer facilities.
In the interests of all our users, we will co-operate with investigations by any law enforcement or relevant authorities of
suspected criminal activity or violation of systems or network. Please be aware that the car park is covered by a 24 hours
cctv system.
You agree to indemnify us (and our employees and directors) and the Providers’ immediately on demand in relation to any such
losses or damages attributable to us or such Providers, that may arise from such use to the extent to which your use of this
Site causes loss or damage to any person.
You are responsible for ensuring that the operation of this Site is not affected by your hardware, software or any content
which you may transmit. You must notify us immediately of any disruption or disturbance to this Site resulting from such
operation.
Disclaimer of Warranties
Access to or use of or inability to use the Site.
We make no express or implied warranty as to:
the information accessible via this Site being accurate, complete, fit for any particular purpose or current;
the Content being free from infection by viruses or anything else that has contaminating or destructive
properties;
the operation, quality, functionality, accessibility of the Site.
The information on the Site is provided ‘as is’ and ‘as available’. It is for information purposes only and Wembley Parking
Limited does not hold itself out as providing any advice or recommendation of whatsoever nature and you should not rely on
any information on the Site to make (or refrain from making) any decision or take (or refrain from taking) any action.
Limitation of Liability
We shall, unless specifically stated otherwise, not be liable, including liability for negligence (except for personal injury
or death) for any damages or loss arising out of or in connection with the use of this Site including (but not limited to)
direct or indirect consequential loss, special loss, loss of data, income or profit, loss of or damage to property, damage to
goodwill and claims of third parties whether resulting from use of or inability to use this Site or in connection with any
failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or
system failure even if we or our employees or agents are advised of the possibility of such damages or losses.
All warranties, conditions, undertakings, representations, terms or other liabilities whether express or implied, statutory
or otherwise (if any) arising out of or in connection with use of (or inability to use) the Site or any material on the Site
or any action or decision taken as a result of using the Site or any material on it is hereby excluded to the fullest extent
permitted by law and shall be limited in respect of any one incident or a series of two or more connected incidents to an
amount equal to the cover provided to us under our policies of insurance.
You hereby agree to fully indemnify us against any claim brought by a third party resulting from use of the Site by you and
in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and
expenses), or liabilities, whatsoever suffered or incurred directly by us in consequence of your breach or non-observance of
these Terms and Conditions.
In addition, you shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgements
awarded against us arising from any claims and shall provide us with notice of such claims, full authority to defend,
compromise or settle such claims and reasonable assistance necessary to defence such claims at your own expense.
General
Each of these Terms and Conditions shall be construed separately, applying and surviving even if for any reason other
provisions are held inapplicable or unenforceable in any circumstances.
Law and jurisdiction
These Terms and Conditions shall be governed by and interpreted in accordance with English law and the English Courts shall
have jurisdiction to resolve any disputes between us.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
These Terms and Conditions can not be varied except in writing by a director or the company secretary of Wembley Parking
Limited. Nothing said by any employee or agent of Wembley Parking Limited will be capable of varying these Terms and
Conditions.
Failure by either party to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that
right or remedy. Headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.
Any rights not expressed in these Terms and Conditions are reserved.
CAR PARK TERMS AND CONDITIONS
CUSTOMERS ARE REQUESTED TO READ CAREFULLY THE TERMS AND CONDITIONS OF ENTRY TO AND USE OF THIS CAR PARK AND TO FOLLOW THE
PROCEDURES RECOMMENDED IN THOSE TERMS AND CONDITIONS WHICH ARE FOR THEIR BENEFIT. SHOULD YOU WISH TO MAKE A COMPLAINT YOU ARE
REQUESTED TO FOLLOW THE COMPLAINTS PROCEDURE SET OUT IN CONDITION NO. 2 BELOW.
1. The Company's Liabilities
Customers are asked to remember that a public car park is open to everyone. Our staff have instructions to remove persons who
are misbehaving, but it is impossible to exclude such persons altogether and the Company cannot therefore guarantee the
security of your vehicle or its contents. Accordingly:-
(a) the Company its servants and agents will accept liability in respect of any loss, destruction, damage or
theft of or from or misdelivery of or temporary failure to deliver or damage to the vehicle only where the same is proved and
to the extent that it is proved to be caused by the negligence, wilful act or default or breach of statutory duty of the
Company its servants or agents or the dishonesty of its servants or agents, and
(b) the Company its servants and agents will accept liability in respect of the death of or personal injury
sustained by customers and others in the Car Park only where the same is proved and to the extent that it is proved to be
caused by the negligence, wilful default or breach of statutory duty of the Company its servants or agents.
2. Complaints Procedure
Should your vehicle suffer damage or destruction whilst in the Car Park, or should you lose the vehicle or any of your
possessions from the vehicle whilst it is in the Car Park, you are requested:
(a) immediately to inform a member of our staff of the occurrence,
(b) in cases of theft, immediately to inform the Police,
(c) to notify your insurers promptly.
If you consider that you have a claim against the Company you should within seventy-two hours of discovery of the loss,
destruction, damage or theft give written notice containing full details of the occurrence to the company at Latif House,
First Way, Wembley, Middx HA90JD. Before submitting a claim to the us please check condition 1 and be sure that the subject
matter of their claim fails within the Company's area of responsibility.
3. Securing your vehicle
Please ensure that before you leave the Car Park:
(a) your vehicle is securely locked,
(b) all the windows of your vehicle are securely closed,
(c) if your vehicle is fitted with a steering lock or similar device that it is engaged.
4. Possesions
(a) Wherever possible please take your possessions with you when you leave your vehicle.
(b) If you have to leave possessions in your vehicle please do not leave them on the seats where they are
visible, but instead place them in the boot which should then be locked.
(c) Customers are reminded that their motor insurance policies may not cover personal possessions in the vehicle.
It may be possible to arrange separate insurance cover with your insurers for such possessions and customers are recommended
to do so.
5. Courtesy to other customers
Should you damage another customer's vehicle you are requested to report the matter immediately to a member of our staff
together with the registration numbers of both vehicles.
6. Safety in the car park
(a) Please drive carefully in the Car Park and obey the directional and other signs.
(b) Car Parks can be dangerous. After you have parked your vehicle please proceed to the nearest exit, which are sign posted. Do not delay your exit from the Car Park and please keep a watchful eye
on your children who should not be permitted to play in the Car Park.
7. Reservations
(a) The eticket issued is available only for the customer to who it is issued. An eticket, does not entitle the customer, unless otherwise specified, to any particular space in the Car Park or to priority over other customers.(b)The Company reserves the right to refuse to release/allow access to any vehicle, except on production of the parking ticket (unless outside of opening hours), until it has made reasonable enquiries. Failure to produce your ticket will therefore delay your access/departure.
(c) Customers who cannot produce their eticket reference number will require their name and address and a form of identification. We will then match these details to reservations on our system. If we still cannot match this information, we will require full payment at non prebooked rates which will be refunded once it is established a booking for the relevant date existed.
(d) No access will be permitted to any vehicles outside of the standard opening times stated on our website page for the relevant event (and if no time is stated the earliest time is 3 hours before the event start time) unless confirmed in writing prior to the event date.
8. Agency
Every person who enters into a contract with the Company for the parking of a vehicle at the Car Park, whether by purchasing a ticket or otherwise, does so on behalf of himself and all other persons having any proprietary, possessory or other financial or material interest in the vehicle and its contents.
9. Moving and re-location of vehicles
(a) The Company reserves the right to move vehicles within the Car Park, by driving or otherwise, to such extent as is reasonably necessary to avoid obstruction or for the more efficient arrangement of its parking facilities at the Car Parks.
(b) The Company additionally reserves 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, to remove any vehicle at any time to any other reasonably convenient Car Park within the control of the Company or otherwise as may be expedient.
(c) To the extent that it may be necessary to do so in the exercise of the rights conferred upon the Company under this condition, the Company, its servants or agents shall have the right to drive or otherwise take the vehicle on the public highway.
10. Liens and disposal of abandoned vehicles
(a) Every vehicle in the Car Park is subject to a lien for all charges due or accruing and due from the Customer
to the Company and the Company reserves the right to refuse to release any vehicle until those charges have been paid.
(b) Customers who intend leaving their vehicles in the Car Park for more than 28 days are strongly recommended to
notify the Company in writing of their intention to do so.
(c) The Company reserves the right to sell any vehicle which it reasonably believes to have been abandoned and
shall be entitled to regard as abandoned any vehicle which has been in the Car Park for more than 28 days without prior
notification and which is not known to be covered by a current valid season ticket.
(d) Before proceeding with the disposal of abandoned vehicles, the Company will:-
(i)
make reasonable enquiries with a view to identifying and contacting the registered keeper of the vehicle in question,
(ii) give 28 days notice of its intention so to do to the registered keeper by pre-paid post addressed to
the registered keepers last known address.
(e) Abandoned vehicles will be sold by auction whenever practicable and the proceeds of sale will be applied in and towards satisfaction of all sums owing to the Company by the Customer together with the expense of sale and in connection' with such sale the Company shall be entitled to charge reasonable garage charges in respect of the period during
which the vehicle is in the possession of the Company.
(f) Any balance of these sales proceeds remaining after satisfaction of such sums shall be held by the Company on
behalf of the registered keeper of the vehicle and paid over on proof of entitlement.
11. Tariff
Non prebooked parking fees shall be as displayed on the Tariff Board at the Car Park.
12. Prohibited activities
(a) No vehicle shall be towed into the Car Park and no work on or cleaning of vehicles by customers or their agents is permitted in the Car Park.
(b) No activity in connection with the selling, hiring or other disposal of vehicles shall be carried out in the
Car Park.
13. Definitions
(a) "the Company" means Wembley Parking Limited whose registered office is at Latif House, First Way, Wembley
Middx HA90JD
(b) "vehicle" shall mean the vehicle which is received into the Car Park and shall include any mechanical device
on wheels or tracks, its equipment and accessories.
14. Variation on the terms and conditions
No person has any authority to vary or alter these Terms and Conditions unless such variation is in writing under the
hand of the Company Secretary or a Director of the Company. |