Driver Parking Agreement
- 1. TERMS
- These are the terms that form part of the terms and conditions for use of the Online Platform and this section sets out the terms of the Driver Parking Agreement that is formed between two users of the Online Platform, when one user pays to park at a parking space advertised by another user.
- The parties to this Driver Parking Agreement:
a person who uses our Online Platform to pay to park at one of the advertised parking spaces (the Driver):
a person or business who uses our Online Platform to advertise a parking space (the Space Owner); when the Driver uses the Online Service such as the Website, Call to Park and Mobile App to make a booking with the Space Owner.
- 2. DESCRIPTION OF SERVICES
3. ACCEPTANCE OF DRIVER PARKING AGREEMENT
- (The Company) which owns and operates Parkfinda, provides users with a rich collection of services that allows users to interface with the application or through an Online Platform such as the website, call to parks and mobile app (Online Platform or Service), to manage parking spaces in the parking industry, promote those parking spaces, and distribute information related to availability and booking through the Parkfinda Website, Call to Park and Mobile App ("Online Platform or Service"). For purposes of clarity, the term “Services” includes all functionality made available through the Website, Call to Park and Mobile App, such as the help desk system, connectivity API’s, and related support services. Any new features which augment or enhance the current Services, including the release of new features or products, is also governed by theTerms and Conditions.The Company reserves the right at any time to change or discontinue the Services with or without notice.
- Our Online Platform allows individuals and businesses (Space Owner) that have available parking spaces to advertise the parking spaces, and to enter into agreements allowing individuals (Driver) to make booking to pay and park at the parking spaces. Individuals who use the Online Service to advertise parking spaces situated at private property not used in the course of business (Private Space Owner), and individuals or businesses who use the Online Platform to advertise parking spaces situated at business premises, including dedicated car parks or car parks associated to other businesses such as apartments, Lands, shops or offices (Business Space Owner).
- The Online Platform, Website and/or Mobile App to make bookings to pay and park at one of the advertised parking spaces, the Online Platform, Website and/or Mobile App allows you to form a contract (Driver Parking Agreement) between you and the owner of the parking space.
- The Company is not a party to the Driver Parking Agreement, which is a direct contract between the Driver and the relevant Space Owner. We are authorised by the Space Owner to act as the Space Owner's agent in order to create a binding contract with each Driver that pays to park at that Space Owner's parking space through the Online Platform. Although we are not a party to the Driver Parking Agreement, we are entitled to exercise specified rights under the Driver Parking Agreement in our own right, where expressly stated.
- By entering into the Driver Parking Agreement the Driver agrees to the Space Owner to comply with all the requirements imposed on the Driver in the Online Platform Terms and Conditions in relation to the booking made to park at the Space Owner's parking space; and the Space Owner agrees to the Driver to comply with all the requirements imposed on the Space Owner in the Online Platform Terms and Conditions in relation to the same booking, and to make the parking space available in accordance with it advertised description on the Website, Call to Park and Mobile App.
4. DRIVER RIGHTS AND OBLIGATIONS
- When the Driver completes the booking through the Online Service the Driver Parking Agreement becomes binding and The Company, acting on behalf of the Space Owner, receive payment for the booking and accept the booking.
- The Driver is bound by any general terms and conditions that apply to individuals that park at a public car park operated by a Business Space Owner, but apart from this neither the Driver nor the Space Owner will be obliged to agree to any additional terms or conditions proposed by the other after the Driver Parking Agreement has been formed.
- Driver and the Space Owner acknowledge that the Driver Parking Agreement contains the whole agreement between the parties and each acknowledges that he or she has not relied upon any other statement (written or verbal) made by the other in entering into the Driver Parking Agreement, other than the Space Owner's description of the parking space included in the advertisement.
- At the time we confirm the Booking and receive payment from you, a binding agreement will be formed between you and the Space Owner. The agreement between you and the Space Owner will include the relevant terms and conditions of these terms and conditions and will also include any additional restrictions relating to a Parking Space, included in a listing for that Parking Space.
- In order to make a Booking you must register an Account as set out in Website Call to Park or Mobile App. Upon registration your Account will be created and you need to provide us with the vehicle registration/licence plate number you are making the booking for and any other information.
- When you make a booking to for a parking space, your Booking confirmations and other relevant information in relation to the Services will be sent to you via the email address you provide to us. Please make sure this is correct as we will not be responsible if this email address is incorrect and you do not receive a Booking Confirmation or other information from us that you might be expecting. If you notice that your email address is incorrect please contact us immediately.
- You appoint the company as your agent for the purposes of forming a binding Driver Parking Agreement between you and the Space Owner in relation to your Bookings.
- You will have a licence to use the Parking Space by the Space Owner to park at all times during the parking period, or, where applicable, the person whom the Driver has permitted to park the relevant vehicle at the parking space has and will have at all times during the parking period.
- You also appoint the company to collect your parking charges in relation to the Booking on behalf of the Space Owner.
- You park the vehicle with the same registration/licence plate number submitted identified on the booking at the parking space selected during the booking, and at the date and times selected during the booking; or
- You allow another person to park the vehicle with same registration/vehicle license plate number at that parking space at those date and times.
- If you wish to change the vehicle identified on the booking, please change the vehicle details prior to the parking.
- If you park a different vehicle other than vehicle identified on the booking, you will not be permitted to park and subject to enforcement measures in force at the car park from time to time by the Space Owner.
- During your Booking, if you have any concerns or queries about the Parking Space you must contact the Space Owner using the contact telephone number provided with your booking confirmation.
- Upon arrival at the Parking Space at the start of your Booking Time, you should inspect the Parking Space and ensure you are satisfied that it meets the description on the Website, Call to Park or Mobile App. If you are not satisfied you must contact the Space Owner immediately.
- You agree that if you have any concerns and dispute with their Parking Space or Space Owner concerning during the Booking Period you will resolve it in the first instance by directly communicating with the Space Owner.
- keep the parking space clean and tidy and leave the parking space in the same condition as you find it.
- Park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property
- Any damage to the parking space during the parking notify Space Owner immediately in such circumstances.
- Not do or permit to be done on the Parking Space anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Space Owner or to the owner or occupier of neighbouring property.
- Not to conduct any illegal activity from the parking space or within Space Owners property.
- Not to conduct any business or commercial activity whatsoever from the parking space.
- Not to use the parking space for any purpose other than for parking.
- Act with respect and courtesy towards the Space Owner during parking.
- Vacate or leave the parking space and cease using the parking space at the end of the time specified in the booking confirmation.
- Return to the Space Owner any and all access devices provided for the booked parking space within 48 hours of the booking end date, and to authorise us to collect payment on behalf of the Space Owner for the full cost of replacement of any access equipment which is not returned within 48 hours of the booking end date, such payment to be collected by way of deduction from the deposit paid by the Driver or using the credit or debit card details supplied by the Driver when placing the booking.
- You acknowledge that the Parking Space is someone else's property and you agree not to access any other part of the property to which the Parking Space is attached.
- You agree that you have primary responsibility for your own safety and the safety of your vehicle during the Booking. The Space Owner is not responsible for ensuring the safety of you or your vehicle.
- Accept responsibility for his or her own health and safety, and the health and safety of any Authorised Person when accessing the parking space and to accept responsibility for the safety of the vehicle (together with any items stored in the vehicle during the booking period), which are parked/left at the owner's risk.
- 5. SPACE OWNER RIGHTS AND OBLIGATIONS
- By entering into the Driver Parking Agreement with a Driver who makes a booking through the Online Platform, the Space Owner confirms that he or she has the power to enter into the Driver Parking Agreement and has obtained all necessary approvals to do so.
- Space Owner owns or is authorised to use the parking space and is authorised to allow third parties to use the parking space and, where necessary, has permission from the landlord, or any other person who controls any property of which the parking Space is a part, to do so; and has all necessary regulatory and planning approvals to grant a license to use the parking space and that the use of the parking space in accordance with the Driver Parking Agreement will comply with all applicable laws, tax requirements and rules and regulations that may apply to the parking space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties.
- The Space Owner is entitled to receive the payment made by the Driver for each booking made through the Website or Mobile App, less the fees we add to the Driver's total price paid for the provision of the Online Platform.
- Private Space Owner. A Private Space Owner has the following obligations:
- to provide the parking space in accordance with the details and information set out in the listing of the parking space published through the Website, Call to Park and Mobile App:
- to comply with all applicable laws and rules and regulations that may apply to the parking space, including but not limited to any relevant rules, zoning laws and laws governing rental of or licenses to use residential and other properties:
- to use best endeavours to settle any disputes that may arise with the Driver in respect of the parking space as soon as practicable after becoming aware of the issue, so that the Driver may still fulfil his booking:
- to respond to any enquiries about his or her parking space that we may forward to him or her, which we may forward by any method of communication including email, text message or phone call:
- Business Space Owner. A Business Space Owner has the following obligations:
- subject to availability, to provide the parking space in accordance with the details and information set out in the listing of the parking space published through the Online Service – if no parking space is available at the car park of the relevant Commercial Space Owner at any time when a Driver has paid to park, the Business Space Owner will not be liable to the Driver, and our liability to the Driver will be to provide suitable alternative parking space as described in the Terms and Conditions for the Service and
- to comply with all applicable laws and rules and regulations that may apply to the parking space, including but not limited to any relevant rules, zoning laws and laws governing rental of or licenses to use the relevant property.
7. GOVERNMENT TAX’SThe Company act as an agent for Parking Revenue Collection on behalf of the Space Owner. It is, therefore, the Company responsibility to ensure All Government Tax’s on all Parking Revenue is collected, declared and dealt with appropriately.8. CANCELLATION
- You are expected to make full payment to book to pay to park using the Service at the time of booking the parking spaces. The Company will collect the payment on behalf of the relevant Space Owner. The price advertised on the Online Platform also includes the fee that we charge you for providing the Service. You agree that we may issue you with invoices and receipts in electronic format by email or other method. All payments are to be made online using the Internet Payment Gateway solution which is provided by a leading Banking Financial Institute in United State of America. The price to park at any given parking space is set by the Space Owner, and the Space Owner is free to change the rates at any time. Price changes will not impact any previously confirmed bookings. The prices stated on the Service for parking and for listing a parking space are inclusive of any applicable Government Tax’s.
- If the Driver's payment is not received or fails, we may collect monies owed using other collection mechanisms, and we reserve the right to charge the Driver for all additional fees and expenses we may incur (including legal fees and costs) in attempting to collect fees through commencing collection efforts, using the services of an external debt collection agency or issuing legal proceedings.
- If the Driver wants to cancel a booking made through Website, Call to Park or Mobile App. All bookings are made subject to the cancellation policy, and the Driver and the Space Owner each agree to comply with the terms of this section and to authorise us to administer the cancellation policy by making refunds where applicable.
- If the Driver has paid in advance for parking and opts to cancel the booking, the below sets out the refund policy he or she will receive when he or she cancels:
- Within 24 hours of the time when the parking session is due to start no refund will be issued
- At least 24 hours before the time when the parking session is due to start, full refund without the service fee
- After the parking session has started no refund will be issued
- Within 1 hour of the time when the parking session is due to start no amendments to booking will be allowed.
- If the Driver fails to cancel the booking by notifying us in accordance with the cancellation policy, the Driver will be liable for the full amount of the fees payable for the booking and will not receive any refund, even if the Driver does not use the parking space.
- The Driver acknowledges and agrees that if we or a Space Owner wish to cancel a booking, we may do so, on our own behalf or acting on behalf of the Space Owner, through the Online Platform in accordance with this cancellation policy.
- If the parking space is not available at any time during your booking, please see the terms of the Online Platform that set out what you should do if you have parked with a Private Space Owner or a Business Space Owner.
- The Company will pay any refund to which the Driver may be entitled, acting as agent on behalf of the Space Owner. The Space Owner has no authority or means to issue any refunds.
- If the booking is made using a fraudulent payment method, the booking will be cancelled with immediate effect and all monies returned to the bank in line with current FCA regulations. No payouts will be made to the space owner for any bookings that fall under the fraud category in accordance with money laundering legislation.
10. FORCE MAJEURE
- Neither party to the Driver Parking Agreement may transfer its rights or obligations to another person, save that the Driver is entitled to allow an Authorised Person to use the parking space in the manner described above.
- You agree that you will not create any false account with Online Platform or use your account for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering.
- If you choose to use the Online Platform, you do so at your sole risk. You acknowledge and agree that Company does not have an obligation to conduct background checks on any Space Owners. The Online Platform are provided 'as is'. The company makes no promises that the Online Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Company makes no promises regarding the quality of the Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Website, Call to Park Mobile App and Online Platform.
- You are solely responsible for all of your communications and interactions with other users of the Online Platform and with other persons with whom you communicate or interact as a result of your use of the Services, including, but not limited to, any Space Owners. You understand that company does not make any attempt to verify the statements of users of the Online Platform or to review or visit any Parking Spaces.
- You agree to take reasonable precautions in all communications and interactions with other users of the Online Platform and with other persons with whom you communicate or interact as a result of your use of the Online Platform, including, but not limited to Space Owners particularly if you decide to meet in person.
- The Company accept liability for death or personal injury caused by our negligence. We also accept liability for fraud and fraudulent misrepresentation by us.
- Other than our liability mentioned above, if we breach these terms or are otherwise liable to you for any other type of claim, we shall only be liable to you for losses up to the amount paid by you to us in relation to the Booking.
- The Company are not responsible for:
(i) losses not caused by our breach:
(ii) indirect losses (which means loss to you which is a side effect of the main loss or damage, and where you and we could not have reasonably expected that loss would arise at the time of entering into these terms):
(iii) any loss arising as a result of the accuracy, timeliness, completeness or usefulness of any information: or
(iv) failure to provide the Services or to meet any of our obligations under these terms where such failure is due to events beyond our control (for example a network failure and act of God).
- You have certain rights under the law. Nothing in these terms (including this section) is intended to or will affect these statutory rights. You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our Services include only the provision of the Online Platform and responsibility for the Parking Space and fulfilment of a Booking lies solely with the Space Owner.
11. CHANGES TO THESE TERMS
- The Company will not be liable for or be considered to be in breach of or default under the Terms on account of, any delay or failure to perform as required by the Terms as a result of any cause or condition beyond Company’s reasonable control.
- The Company has the right to change any of these terms from time to time without providing advance notice to you, and the version of the terms that will apply to any booking you make will be the version available on our Online Platform when you make your booking.
13. CALIFORNIA USERS AND RESIDENTS
- These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.