TERMS AND CONDITIONS OF USE OF CAR PARKS INCLUDING PICK UP AND DROP OFF FACILITIES AT CYCLOPARK VERSION 1 APRIL 2014
Entry to or use of the car parks at Cyclopark including the pick-up and drop off facilities is subject to these terms and conditions of use (as varied from time to time)
Customers are requested to read carefully the terms and conditions of entry to and the use of the car parks and to follow the procedures recommended in these 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 3 which will ensure that your complaint is brought promptly to the attention Cyclopark Staff
THE COMPANY: This can refer to The Kings Ferry Ltd or Cyclopark
1. THE COMPANY’S LIABILITY
Customers are asked to remember that the Cyclopark car parks are open to everyone. The Company and its employees and agents reserve the right to refuse admittance to the car parks but the Company cannot guarantee the security of your vehicle or its contents.
Accordingly the Company, its employees and agents, will not accept liability in respect of:
1.1 any loss or theft of or from or misdelivery of or temporary failure to deliver or damage to any vehicle or its contents howsoever caused and or
1.2 the death of or personal injury sustained by customers and others in the car parks howsoever caused
save where the same is due to the negligence, wilful act or default or breach of statutory duty of the Company, its employees or agents.
•Entry to and egress from the car parks should be obtained only through the designated entrances and exits and along designated routes.
•Where there is signage at or prior to the entrance to car parks including pick up and drop off facilities, the relevant car park / facilities are for use by vehicles meeting the stated height or other requirements only.
•Customers should park vehicles only within designated bays, within authorized areas and so as not to cause obstruction.
•Bays reserved for disabled drivers should be used by disabled drivers only and vehicles parked in such bays must display appropriate disabled badges/windscreen stickers.
Parking spaces are on a first come, first serve basis. Once all The Kings Ferry’s allocated spaces are booked for a given date , no more bookings can be taken. If you wish to park at Cyclopark without a booking with The Kings Ferry you must pay Cyclopark in the usual way or risk being issued a fine or penalty notice.
3. COMPLAINTS PROCEDURE
Should your vehicle suffer damage whilst in the car parks or should you lose the vehicle or any of your possessions from the vehicle whilst it is in the car parks, you are requested:-
•immediately to inform a member of the staff at the reception of the occurrence and also report to the Police
•in case of theft, immediately to inform the Police and
•to notify your insurers promptly
If you consider that you have a claim against the Company you must, within 72 hours of discovery of the loss or damage, give written notice providing full details of the occurrence to the Chief Executive of the Cyclopark Trust. Before submitting a claim to the Company, customers are requested to check Condition No 1 and to satisfy themselves that the subject matter of their claim falls within the Company’s areas of responsibility.
4. SECURING YOUR VEHICLE
Unless requested by the Company or one of its employees for reasons not to do so, please ensure that before you leave the car park:-
•your vehicle is fully and securely locked
•that all windows and the sunroof of your vehicle are securely closed
•if your vehicle is fitted with a steering lock or similar device that it is engaged
•Wherever possible please take your possessions with you when you leave your vehicle
•If you have to leave possessions in your vehicle, do not leave them where they are visible and ensure that they are as secure as possible
•Customers are reminded that their motor insurance policies may not cover possessions in the vehicle. It is possible to arrange separate insurance cover for possessions and Customers are recommended to do so.
6. COURTESY TO OTHER CUSTOMERS
Should you damage another customer’s vehicle you are requested to report the matter immediately to a member of the Company’s staff at reception and give them the registration number of both vehicles. Remember that your vehicle may one day be damaged so please act in a manner that you would appreciate from someone else if they damaged your vehicle.
7. SAFETY IN THE CAR PARK
•Please drive carefully in the car parks and obey the directional signs. Vehicles should not be driven at a speed in excess of 5 miles per hour.
•After you have parked your vehicle please proceed to the nearest exit ways which are signposted. Do not wander about in the car park, keep a careful eye on your children and do not permit your children to play in the car parks.
•Any caravans or large vehicles should report to the Information Desk and ask for a member of Company staff. Such Vehicles should not attempt to enter or exit from the car parks without a staff member being present and without the authority of such staff member.
•The Company reserves the right to close or control the rate of access to any of the car parks including the pick-up and drop off facilities where it considers it necessary to do so in the interests of the safe and efficient management of the relevant area(s).
•Where a ticket is issued it is available only for the vehicle in respect of which it is issued. A ticket, does not entitle the customer, to any space in the car park or to priority over other customers.
•The car park has automatic number plate recognition in operation, and a ticket will be issued to confirm payment but In the interests of security, tickets should not be left inside vehicles.
Persons who enter into a contract with the Company for the parking of a vehicle in an car park, whether by purchasing a ticket or otherwise, do so on behalf of themselves and all other persons having any proprietary possessory or other financial or material interest in the vehicle and its contents.
10. MOVING OF VEHICLES
10.1 The Company reserves the right where it is lawful for the Company to do so to move any vehicle within the car park by driving or otherwise to such extent as the Company, its employees or agents, may reasonably think necessary to avoid obstruction or for the more efficient arrangement of its parking facilities.
10.2 The Company additionally reserves the right where it is lawful for the Company to do so where the car parks have to be closed either permanently or temporarily in whole or in part or have 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.
10.3 To the extent that it may be necessary and lawful so to do in the exercise of their rights conferred upon the Company under this condition, the Company its employees or agents shall have the right to drive or otherwise take the vehicle on the public highway.
The user of the car parks agrees to indemnify the Company in respect of any claim by a third party arising out of the use of the car parks by the user his employees agents or passengers or arising out of any act or omission of the user whatsoever other than claims which are attributable to willful misconduct or negligence on the part of the Company.
12. BUSINESS USE
12.1 Where the user of the car park(s) enters or uses the Cyclopark car park(s) in connection with the operation of a business by the user it is deemed to warrant the following each time it enters the car park(s):
•It has all necessary consents in place for, and complies with all legal requirements governing, the operation of the business in respect of which in enters or uses the Cyclopark car park(s);
•It has all appropriate insurances in place including, without limitation, third party, employer’s, public liability and motor insurances; and
•The vehicles used within the Cyclopark car park(s) are fully taxed and, where appropriate, have MOT certificates and the drivers of the vehicles hold appropriate licences.
12.2 The Company reserves the right to designate specific zones within car park(s) including the pick up and drop off facilities for use by business users in the interests of all users of the car park(s) and the safe and efficient operation thereof and if it does so all or all relevant users shall use the designated zone(s) only to the exclusion of all other areas.
13.1 Refunds will be made on any parking permit, taking into account the cost of parking for the period already used. This cost would be calculated using the normal rates charged for the given period, this amount will then deducted from the amount originally paid. The remaining amount is the amount refunded.