Parking Space Agreement
1. This Agreement
(a) This agreement is between the motorist (“the Motorist”) who has booked a parking space through Parkuphere Limited, trading as www.parkuphere.com
(“we”, “us” or “Parkuphere.com”) and the owner (“the Owner”) of the parking space (“the Parking Space”) and sets out the Terms that apply between
the Motorist and the Owner relating to the proposed licence period (“the Licence Period”) of the Parking Space. Details of the Parking Space and
the Licence Period will be set out in the confirmation email sent by us to the Motorist and the Owner on completion of the booking (“the Booking”).
(b) The Owner represents and warrants that it is the owner of the Parking Space or has the legal authority or is authorised or has permission to advertise
(“the Advert”) and let out a parking space on the Site. The Owner agrees that they are responsible for ensuring that any person who assists them with
placing an advert on the Site complies with these Terms.
(c) The Motorist confirms that it holds a valid driving licence and effective insurance for all risks deemed appropriate to cover the vehicle whilst it occupies
the Parking Space and further agrees that it is their responsibility to ensure that any person they allow to drive the vehicle to the Parking Space
complies with these Terms.
(d) This Agreement is solely between the Motorist and the Owner (for details of the terms which apply between the Motorist and Parkuphere.com please see
the Motorist Agreement or for the terms which apply between the Owner and Parkuphere.com please see the Owner Agreement).
Parkuphere.com is an intended third party beneficiary of this agreement but it shall have no obligation to the Motorist or the Owner under this Agreement.
(e) The Owner grants a licence to the Motorist to use and occupy the Parking Space during the Licence Period as set out in the Booking.
The Motorist is not a tenant of the Owner and has not been granted exclusive possession of the Parking Space.
2. Booking and Payment
(a) The Motorist shall pay the fee for use of the Parking Space, as specified in the Advert or confirmation email (“the Fee”), to parkuphere.com.
(b) All bookings and payments will be made in accordance with the Motorist Agreement and this Parking Space Agreement and the Motorist
and Owner acknowledge that all payments made are received by Parkuphere.com on behalf of the Owner.
(c) If the Motorist has paid the full Fee at the time the Booking is confirmed then no further payments are due to the Owner. The Owner accepts that payment
of the Fee to parkuphere.com for the Licence Period represents a full discharge of the Motorist’s payment obligations for the Booking.
(d) All bookings are deemed provisional and shall not be final until we send the confirmation email.
3. Cancelling a Booking
(a) All bookings are made subject to the Cancellation Policy as set out on the Site (“Cancellation Policy”) as amended from time-to-time, and the Motorist
and the Owner each agree to comply with the terms of the Cancellation Policy.
(b) The Owner may only cancel a Booking if exceptional circumstances beyond the Owner's reasonable control mean that the Owner cannot honour the Booking.
Where the Owner cancels a Booking in these circumstances, the Owner shall:
(i) inform the Motorist as soon as possible by email and telephone, and also cancel the Booking on the dashboard on the Site; and
(ii) the Motorist shall not be required to pay the Fee, and shall be entitled to a full refund of any Fee already paid.
(c) If the Owner cancels a Booking other than as permitted by clause 3(b), or if the Booking is not cancelled but the Parking Space is not available at the start
of the Licence Period, then:
(i) the Motorist shall not be required to pay the Fee, and shall be entitled to a full refund of any Fee already paid; and
(ii) the Owner shall pay to the Motorist the additional cost reasonably incurred by the Motorist for use of an alternative parking space for the duration
of the Licence Period
4. Departure Time
The Motorist must vacate the Parking Space and cease using the Parking Space by the end of the Licence Period. The exact departure time from the Parking Space will be as set out in the Advert listed on www.parkuphere.com and in the confirmation of the Booking sent by us and should be noted by the Motorist when making a Booking.
5. End of Licence Period and Overstay
(a) If the Owner has agreed with the Motorist to extend the Licence Period the Motorist will be liable to pay the daily charge for the Parking Space. The Owner
agrees with the Motorist that such extension of the Licence Period must be through Parkuphere.com and the Motorist agrees to book the extended
Licence Period through Parkuphere.com. If there is no agreed extension to the Licence Period see clause 5(b).
(b) An overstay at the Parking Space may result in a Parking Contravention Charge (PCN) being issued and/or further legal action being taken by the Owner or their
enforcement agent and/or the Owner (on their own account or through Parkuphere.com) issuing an invoice for any sums due to the Owner in respect of or
in connection with the overstay. The amount of any PCN, or any other action taken by the Owner, shall be at the discretion of the Owner. The Motorist shall be
responsible for all costs, charges and expenses incurred by the Owner in taking enforcement action against the Motorist in respect of an overstay in the
6. Motorist’s Responsibilities
(a) The Motorist is primarily responsibility for its own safety and the safety of their vehicle during the Licence Period. The Owner is not responsible for ensuring
the safety of the Motorist or their vehicle.
(b) The Motorist agrees to abide by any additional restrictions that may be displayed in or around the Parking Space. These may include, but are not limited to,
restrictions regarding permissions and penalties for parking in prohibited places. The Owner shall not be responsible for any charges, fines or penalties
incurred by the Motorist for failing to comply with such restrictions.
(c) The Motorist may not allow any vehicle other than the vehicle specified in the Booking to occupy the Parking Space at any time during the Licence Period.
This Agreement is personal to the Motorist and the Owner and may not be transferred to any other person. If anyone other than the Motorist attempts to use
the Parking Space or if anyone attempts to park a different vehicle in the Parking Space during the Licence Period the Owner may refuse access to that
individual and their vehicle (even if they have the authority of the Motorist).
(d) The Motorist represents, warrants and agrees that they will:
(i) keep the Parking Space clean, tidy and clear of rubbish and leave the Parking Space in the same condition as they find it;
(ii) park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property;
(iii) notify the Owner of any damage to the Parking Space during the Licence Period as soon as it occurs;
(iv) 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;
(v) not conduct any illegal or immoral activity from the Parking Space;
(vi) not conduct any business or commercial activity whatsoever from the Parking Space;
(vii) not use the Parking Space for any purpose other than for parking;
(viii) maintain insurance on the vehicle as required by applicable law;
(ix) indemnify and hold harmless the Owner against all loss, liability, damages, costs and expenses arising from the Motorist’s negligence in connection with
the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Owner; and
(x) act with courtesy towards the Owner.
7. Owner’s Obligations
(a) Although the Motorist has primary responsibility for their own safety and the safety of their vehicle during the Licence Period and the Owner is not responsible
for ensuring the safety of the Motorist or the vehicle the Owner will not deliberately do or omit to do anything which will or is likely to put the Motorist
or their vehicle at risk.
(b) The Owner shall ensure that the Parking Space is as described in the Advert as listed on the Site and in particular if the Parking Space is not suitable
for certain types of vehicle or if there are any access restrictions this will be specified.
(c) The Owner will ensure that the Parking Space is available for the duration of the Licence Period and will not obstruct the Motorist or prevent the Motorist
from parking in the Parking Space. The Owner will not allow any person other than the Motorist and shall not allow any vehicle other than the vehicle specified
in the Booking to occupy the Parking Space at any time during the Licence Period.
(d) The Owner represents, warrants and agrees that:
(i) the details of Parking Space listed on the Site are materially true complete and accurate;
(ii) they will ensure that the Parking Space may be accessed easily by the Motorist and is not obstructed at the start of or during the Licence Period;
(iii) they will ensure that the Parking Space is clean, tidy and clear of rubbish at the start of the Licence Period;
(iv) they will indemnify and hold harmless the Motorist against all loss, liability, damages, costs and expenses arising from the Owner’s negligence in connection
with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Motorist;
(v) they will act with courtesy towards the Motorist and assist and cooperate with the Motorist in relation to locating the Parking Space.
8. Complaints, Claims and Liability
(a) In the event of any dispute, claim or issue arising concerning the Parking Space or otherwise during the Licence Period the Owner and the Motorist agree to seek
to resolve such dispute, claim or issue directly. The Owner and the Motorist further agree that they waive the right to involve or call upon Parkuphere.com
to intervene in any such dispute, claim or issue.
(b) Neither the Owner nor the Motorist shall be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious
consequence of the party’s breach or if they were contemplated by the parties at the time this Agreement was entered in to.
(c) The Owner shall have no liability to the Motorist for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(d) Nothing in this agreement shall exclude or limit either party’s liability for personal injury or death arising as a result of the negligence of that party or its agents
or employees, fraud or fraudulent misrepresentation, or wilful or reckless damage to property.
(a) Each party agrees that they have the power and authority to enter into this agreement.
(b) Neither party will be entitled to assign or sub-contract their obligations under this Agreement (save for any services which may be carried out by us for
the Owner as set out in this Agreement, the Motorist Agreement and the Parking Space Agreement).
(c) Neither party will be liable to the other or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform,
any of their obligations, if the delay or failure was due to any event of force majeure beyond their reasonable control such as severe weather, subsidence, power
or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war or civil unrest.
(d) This Agreement and any document expressly referred to in them form the entire agreement between the Motorist and Owner. No other oral or
written representations not contained within those documents will form part of the agreement between the Motorist and Owner.
If the Motorist requires any changes or additions to any of the documents, the Motorist should ask for these to be put in writing. This can help avoid any problems
about what either party expects from the other.
(e) This agreement is governed by English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
(f) However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted,
then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid
the remaining provisions of these terms shall remain in full force and effect.
(g) If either party breaches these terms and conditions and the other party decides to take no action or neglects to do so, then the other party will still be entitled
to take action and enforce their rights and remedies for any other breach.