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April
2005
YOU ARE REQUESTED TO READ CAREFULLY THE TERMS AND CONDITIONS OF CAR
PARKING AND TO FOLLOW THE PROCEDURES RECOMMENDED IN THOSE TERMS AND
CONDITIONS WHICH ARE FOR YOUR BENEFIT. SHOULD YOU WISH TO MAKE A COMPLAINT
YOU ARE REQUESTED TO FOLLOW THE COMPLAINTS PROCEDURE SET OUT IN CONDITION
NUMBER 11a BELOW WHICH WILL ENSURE THAT YOUR COMPLAINT IS BROUGHT
PROMPTLY TO THE ATTENTION OF THE MANAGEMENT
Interpretation: |
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1.
Formation of the Contract
(A) When the Customer makes a request of the Company
to be met at the Airport or collect the Vehicle the Customer makes
an offer to the Company for the purchase of the services of the Company
in accordance with these Terms and Conditions. The Company will then
either accept or reject the Customer's offer.
(B) Acceptance of the Customer's offer by the Company
results in the formation of a contract between the Customer and the
Company the terms of which are governed by these Terms and Conditions.
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2.
Tariff
(A) Parking fees shall be the prevailing tariffs specified
by the Company by telephone, by documentation and as specified on
its website
(B) The Company reserves the right at any time to vary the
tariff and notice of change shall be displayed on the Company's website
from time to time (www.aap.uk.com) or agreed verbally or in documentation.
The increase shall take effect on the date of such a display, which
shall be specified on the website or verbally or in documentation.
(C) Storage of the Vehicle following any tariff increase shall
constitute acceptance of this increase by the Customer and parking
fees shall be calculated at the prevailing rate at the date of return
of the Vehicle to the customer.
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3.
Cancellation Or Delay
(A) The Customer shall inform the Company of any cancellation
or delay in delivering or collecting the Vehicle as soon as possible
after the event that led to the cancellation or delay.
(B) In the event of a no-show by the Customer or delay in excess
of 30 minutes in arriving with the Vehicle at the Agreed Time by the
Customer, the Company reserves the right to charge the Customer a
part or the whole of the chargeable rate in force at the time.
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4.
Vehicle Inspection
(A) An inspection of the Vehicle on behalf of the Company will
be carried out at the Airport at the time the Company takes delivery
of the Customer's Vehicle.
(B) Weather conditions and cleanliness permitting, damage of
any nature will be noted by the Staff prior to the Vehicle being driven
away from the Airport, and the Company will accept no liability whatsoever
for any such damage. |
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5.
Fines
(A) The Customer shall by under a duty to ensure that the Vehicle
is in roadworthy condition and has a valid road tax and MOT certificate
during the period the Company has control of the Vehicle and shall
indemnify the Company and its staff against any fines levied due to
the condition of the Vehicle, or any loss or consequential loss occasioned
as a result of the Vehicle's condition.
(B) The Company reserves the right in its absolute discretion
to refuse to permit any of its Staff to drive a Vehicle if there are
reasonable grounds for believing that it is in an illegal or un-roadworthy
condition. In such circumstances the Company will terminate the contract
immediately and invite the Customer to make alternative arrangements
at the Airport for storage of the Vehicle or for its collection from
the parking facility. The Company accepts no liability for any loss
or inconvenience arising from such steps being taken.
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6.
The Company's Liabilities
(A) Whilst every reasonable effort shall be made to secure
the safety of the Vehicle the Company cannot give any guarantee to
this effect and the Customer should ensure that the Vehicle (and its
contents) has a valid certificate of insurance covering it against
third party theft, damage or destruction.
(B) The Company or its Staff will not accept liability for
damage to the windscreen of the Vehicle.
(C) The Company and its Staff will only accept liability in
respect of loss, destruction, theft of or from or misdelivery or temporary
failure or damage to the Vehicle where the same is proved and to the
extent that it is proved to be caused by the negligence, wilful act
or default of statutory duty or dishonesty of the Company or its Staff.
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7.
Vehicle Re-location and moving
(A) The Company reserves the right to move the Vehicle in the
parking facility by driving or otherwise to such extent as the Company
or the Staff may in their discretion think necessary to avoid the
obstruction or the more efficient arrangement of its parking at the
Parking facility.
(B) The Company reserves the right where the Parking facility
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 another reasonable convenient Car Park within the control
of the Company.
(C) To the extent that it may be necessary to do so in the
exercise of the rights conferred upon the Company by this condition,
the Company or the Staff shall have the right to drive or otherwise
take the Vehicle on the public highway.
(D) The Company accepts no responsibility for: (1) dents; (2)
scratches; (3) chips; (4) punctures; or (5) any other damage; Sustained
to the Vehicle, its contents or accessories whilst in transit on the
public highway, save in the circumstances set out in Condition 6 (c).
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8.
Possessions
(A) Subject to condition 6 (c), the Company does not accept
responsibility for the loss, damage or destruction of the Customer's
possessions in the Vehicle.
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9.
Prohibited Activities
(A) No activity in connection with the selling, hiring or other
disposal of Vehicle shall be carried out in the parking facility.
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10.
Outstanding Monies
(A) When any amount due to the Company is not paid in full
within 28 days from the date upon which the Company gives notice to
the registered keeper of the Vehicle at his or her last known address,
the Vehicle may be sold and the proceeds of the sale applied towards
satisfying all sums owing together with the expenses of the sale.
In connection with such a sale the Company shall be entitled to charge
the reasonable or usual selling commission whilst the Vehicle is in
the possession of the Company and take any action it considers fit
to recover debts not discharged in this way.
(B) The Company reserves the right to charge interest at the
rate of 5% above HSBC Bank base rate upon any parking charges that
remain outstanding after the Company's terms of trading have been
exceeded. The Company shall be entitled to insist on retention of
the Vehicle until all such charges and interest have been paid.
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11.
Complaints
(A) Should the Customer wish to make a formal complaint to
the Company, the Customer is directed to write to the Company with
full details of the complaint to AAP Ltd, Thorney Business Park, Thorney
Lane, Iver, Bucks, SL0 9HF.
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12.
Claims
(A) If the Customer believes that there is a claim against
the Company, such a claim should be notified to the Company before
driving the vehicle from the airport terminal, on discovery of the
loss, theft, damage or destruction. Then Notification must be made
in writing within 24 hours giving full particulars to the Company
at the address noted in condition 11.
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13.
Variation of the terms and conditions
(A) No individual has the authority to vary or alter these
Terms and Conditions unless such variation is in writing under the
hand of a Director of the Company.
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Definitions: |
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"The
parking facility" Shall mean the car parking facilities situated
at Thorney Business Park, Thorney Lane, Iver, Bucks, SL0 9HF or such
other premises as the Company may utilise from time to time for the
provision of car parking. |
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"The
company" Shall mean AAP Ltd whose registered office is 370,
Bath Road, Slough, Berks, SL1 |
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"The
customer" Shall mean the or those individual(s) whom enter
a contract with the Company for the provision of car parking facilities.
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"The
Staff" Shall mean the employees, servants, and, or Agents
of the company |
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"The
vehicle" Shall mean the Vehicle which is received into the
Car Park and its equipment and accessories. |
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"No-Show"
Shall mean when a customer does not show at the specified time
agreed in the contract. |
