These Terms and Conditions set out the terms on which we will supply to you a Season Ticket. Please read these Terms and Conditions carefully as they will form the basis of the contract between us, and by placing an order for a Season Ticket, you agree to be bound by these Terms and Conditions. We recommend that you retain a copy of these Terms and Conditions in a safe place, as they are your record of the contract between us. We are always happy to assist where we can, and to take on board any comments which you might have. If you have a general comment or query, please contact our customer services department by telephone (0870 606 7050) or by email (customerservices@ncp.co.uk).

1 DEFINED TERMS
The following terms used throughout these Terms and Conditions shall have the following meanings: Any references to “we, “us” and “our” shall be a reference to National Car Parks Limited. “Calendar Month” means a calendar month. “Commencement Date” means a date nominated by you which must be not less than 10 days from the later of (i) the date upon which you place your Order and (ii) the date on which you make your first
payment. “Month” means a 30 day period and “Monthly” shall be construed accordingly. “Nominated Car Park” means the car park which you notify to us as being the car park in which you intend to use your Season Ticket to park your vehicle. “Order” means an order for the purchase of a monthly, quarterly or an annual Season Ticket placed by you by submitting an application form by post or via our website or by providing information over the
telephone to enable an application form to be completed on your behalf. “Period” means the period in respect of which you have made payment for your Season Ticket. “Quarter” means a three Month period and “Quarterly” shall be construed accordingly. “Season Ticket” means a permit allowing you to park your vehicle in any NCP owned or operated car park in the Nominated Car Park for the required Period. “Year” means any twelve month period and “Yearly” shall be construed accordingly.

2 INFORMATION ABOUT US
We are registered in England and Wales under company number 253240. Our registered office is at 21 Bryanston Street, London, W1H 2AB.
In certain car parks, we act as agent on behalf of the car park owner, which may be a local authority, corporate entity or other organisation. This will not affect your rights or obligations under these Terms and Conditions.

3 SERVICE AVAILABILITY
Our website (www.ncp.co.uk) is only intended for use by people resident in the UK. We do not accept Orders from individuals outside the UK.

4 YOUR STATUS
By placing an Order, you confirm that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old; and
(c)You are resident in the UK.

5 HOW THE CONTRACT IS FORMED BETWEEN US
(b) Online If you place an Order online, you will be making an “offer” to us to purchase a Season Ticket. After placing your Order, you will receive an email from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. All Orders are subject to acceptance by us, and we shall confirm our acceptance to you by dispatching your Season Ticket to your address. The contract between us will only be formed when we dispatch your Season Ticket.
(c) By Post If you place an Order by post, you will be making an “offer” to us to purchase a Season Ticket. All Orders are subject to acceptance by us, and we shall confirm our acceptance to you by dispatching your Season Ticket to your address. The contract between us will only be formed when we dispatch your Season Ticket.
(d) By Telephone If you place an Order with us over the telephone, you will be making an “offer” to us, to purchase a Season Ticket. We may verbally acknowledge your Order. Please note, however, that this does not mean that your Order has been accepted by us. We shall confirm our acceptance to you by dispatching your Season Ticket to your address, and the contract between us will only be formed when we dispatch your Season Ticket. If we are unable to offer you a Season Ticket for your Nominated Car Park, we will contact you to offer a suitable alternative and/or suggest that we place you on a waiting list for the chosen location, if such a list is available.

6 CONSUMER RIGHTS
If you are contracting as a consumer, you may cancel a contract at any time within seven working days, beginning the day after you received your Season Ticket (provided that you have not used your Season Ticket during this seven day period). If you decide to cancel your contract, you shall receive a full refund of the price paid by you for your Season Ticket, in accordance with our refund policy set out at section 11 of these Terms and Conditions below. To cancel our contract, you must inform us in writing at NCP, PO Box 4926, Walsall Road, Cannock. WS12 9DD and return the Season Ticket to us immediately, in the same condition in which you received it and at your own cost and risk. Please note that this right to a refund does not affect your statutory rights.

7 RISK AND TITLE
The Season Ticket will be at your risk from the date of dispatch. We shall retain ownership of the Season Ticket throughout the term of the contract and shall grant you a non- exclusive right for the duration of our contract to use the Season Ticket for the sole purpose of parking your vehicle in the Nominated Car Park. Your Season Ticket is personal to you and is non-transferable.

8 PRICE AND PAYMENT
(a) Price The price for the Season Tickets shall be as quoted on our website from time to time.
Alternatively, please call 0870 606 7050 for up to date Season Ticket prices. The price for the Season Tickets shall be inclusive of VAT, where applicable, and any costs associated with delivery of the Season Ticket to your address. (b) Increase in prices We may increase our Season Ticket prices from time to time. We will notify you in writing either by post or email if our prices will increase in respect of the following Period so you can decide whether to allow your contract to renew for a new Period. If you are paying by direct debit and payment in respect of the following Period has already been taken, the price increase will not affect you, unless and until your contract with us renews for a further Period. If payment has not been taken in respect of the following Period you may either: (a) give us notice that you wish to cancel your contract in accordance with section 11 of these Terms and Conditions; or (b) do nothing, in which case the payment taken in respect of any subsequent Period will be increased in line with our price increase.
(c) Payment methods We accept payment by credit card (Maestro, Visa, MasterCard, Access and Diners Club). Payments by credit card will attract a 2% administration charge. If you wish to pay by cheque, we will dispatch to you your Season Ticket only once your cheque has cleared (this normally takes about ten days). Please note that we reserve the right to charge an administration charge of 2% for any payments made by cheque. You are encouraged to pay by direct debit if at all possible as this ensures that funds are cleared before your next Season Ticket renewal date. If you wish to pay by direct debit you may either:
(a) Complete the Direct Debit Mandate and send it to NCP, PO Box 4926, Walsall Road, Cannock. WS12 9DD (b) Call us on 0870 606 7050 to set up a paperless direct debit instruction in accordance with the Paperless Direct Debit Scheme, details of which can be found at www.bacs.co.uk/BPSL/directdebit.  e do not normally issue invoices or receipts for payment as a matter of course (save in respect of your first payment to us in respect of which we will provide you with a receipt. We would, of course, be happy to provide you with an invoice or receipt on request.
(d) Payment periods and term If you wish to purchase a Season Ticket from us one of the following shall apply: (i) Contracting as a Consumer If you are contracting as a consumer, your contract with us will commence on (and your Season Ticket will be activated from) your Commencement Date. Your first
payment to us shall be an amount to cover the first Period (whether a Year, Quarter or Month depending on which option you have selected) which Period shall commence on the Commencement Date. Your contract with us will last until the end of such Period and will then renew automatically for
further Periods of equivalent length unless and until cancelled by you or us pursuant to section 11 of these Terms and Conditions. After your first payment, if you wish your contract with us to renew for a further Period, cleared funds will be required 10 days prior to the renewal of your Season Ticket for that further Period (whether a Year, Quarter or Month depending on which option you have selected). If you have chosen to pay by direct debit, this will be automatically deducted from your account on a nominated date (which must be no less than 10 days prior to the renewal of your Season Ticket) unless you have opted to cancel your contract with us in accordance with section 11 of these Terms and Conditions. (ii)Contracting other than as a Consumer If you are not contracting as a consumer, your contract with us will commence on (and your Season Ticket will be activated from) your Commencement Date. If you are paying monthly, your first payment to us shall be an amount pro-rata to cover the period from your Commencement Date to the first day of the subsequent Calendar Month plus a payment to cover the whole of such subsequent Calendar Month. Your contract with us will last until the end of such subsequent Calendar Month and will then renew automatically for further periods of one Calendar Month unless and until cancelled by you or us pursuant to section 11 of these Terms and Conditions. If you are paying quarterly and you do not have a subsisting quarterly Season Ticket from us, your first payment to us shall be an amount pro-rata to cover the period from your Commencement Date to the first day of the subsequent Calendar Month plus a payment to cover the whole of the subsequent period of 3 Calendar Months. Your contract with us will last until the end of such subsequent period of 3 Calendar Months and will then renew automatically for further periods of 3 Calendar Months unless and until cancelled by you or us pursuant to section 11 of these Terms and Conditions. If you are paying quarterly and you have a subsisting quarterly Season Ticket from us, your first payment to us shall be an amount pro-rata to cover the period from your Commencement Date to the date on which your next payment for your subsisting quarterly Season Ticket is due plus a payment to cover the whole of the subsequent period of 3 Calendar Months. Your contract with us will last until the end of such subsequent period of 3 Calendar Months and will then renew automatically for further periods of 3 Calendar Months unless and until cancelled by you or us pursuant to section 11 of these Terms and Conditions.
If you are paying Yearly, your first payment to us shall be an amount to cover the period from your Commencement Date to the first day of the subsequent Calendar Month plus whole of the Year from your Commencement Date. Your contract will last until the end of such Year and will then renew automatically for further periods of one Year unless cancelled by you or us pursuant to section 11 of
these Terms and Conditions. After your first payment and where your contract with us renews, payment will be required on the 20th day of the Calendar Month prior to the Period in respect of which payment is made. If you have chosen to pay by direct debit, your direct debit payment is processed automatically on the 20th day of the Calendar Month prior to the Period in respect of which payment is made). (e) Additional provisions in relation to direct debits If a claim for a direct debit payment fails for any reason, we will not re-present it to your nominated bank or building society, but we will contact you to find out whether you would still like to purchase a Season Ticket, or whether we should regard this as a notice of cancellation by you. If you do wish to complete your purchase of a Season Ticket for a Period or further Period, we will require payment of any outstanding sums by an alternative method, such as by BACS or credit/debit card. You will not be permitted to use your Season Ticket until payment has been made. You will be entitled to access your Season Ticket account online at www.ncp.co.uk and make payment via an alternative debit card or credit card. If your bank or building society make any error in relation to your direct debit instruction, you may be entitled to a full refund from your bank or building society. If we make an error in relation to your direct debit instruction we will ensure that you are placed in a position as if we had not made that error. (f) Increase in VAT The rate of Value Added Tax chargeable on your Season Ticket may increase from time to time. We will notify you in writing either by post or email if the rate of VAT will increase in respect of the following Period. If you are paying by direct debit and payment in respect of the following Period has already been taken, the increase in VAT will not affect you, unless and until your contract with us renews for a further Period. If payment has not been taken in respect of the following Period you may either:
(i) give us notice in accordance with section 11 of these Terms and Conditions that you wish to cancel your contract; or
(ii) do nothing, in which case the following Period payment taken will be increased in line with any VAT increase.

9 YOUR SEASON TICKET
Once we are in receipt of your first payment for your Season Ticket we will send your Season Ticket to the address you have provided to us using the method selected by you when placing your Order. Please note that there may be additional charges if you select a method of delivery other than first or
second class post. We will require a payment in respect of such charges at the same time as your first payment to us. If you do not receive your Season Ticket within a reasonable period, please let us know so that we can investigate the whereabouts and issue a replacement Season Ticket if necessary.
We will also send to you: (i) Our receipted VAT invoice relating to the charge for the Period for which payment has been made;
(ii) If you have set up a direct debit with us, a schedule setting out the dates upon which we will be processing your direct debit payments; and
(iii) A copy of our car park terms and conditions governing the use of our car parks by all of our customers. Your Season Ticket will permit you to park one vehicle only in the Nominated Car Park at any one time. Once your Season Ticket has been used to remove a vehicle from a car park, it cannot be used again to remove a different vehicle, which overlaps any part of the period of parking of the first vehicle. If you do attempt to use your Season Ticket in this manner, or if you are unable to produce your Season Ticket for any reason when exiting a car park, you will be charged at the prevailing daily tariff rate at the relevant car park for the full period of parking of the relevant vehicle. Depending upon the type of car park at which you are parking your vehicle, you may need to take another ticket from the machine at the entry/exit point to the car park, to allow you access. You will
need to produce this ticket together with your Season Ticket to a car park attendant on exit to avoid having to make any additional payments.

10 CANCELLATION, REFUND POLICY AND REPLACEMENTS
(a) Cancellation by you If you have purchased a Season Ticket and you pay on a Yearly or quarterly basis: you may cancel the contract between us at the end of the then current Period, provided that you notify us no less than 1 Month prior to the expiry of that Period. If you have purchased a Season Ticket and you pay on a monthly basis, you may cancel the contract between us at the end of the then current Period, provided that you notify us no less than 7 days prior to the expiry of that Period.
(b) Cancellation by us If you have purchased a Season Ticket and you pay on a Yearly or quarterly basis, we may cancel the contract between us at the end of the then current Period, provided that we notify you no less than 1 Month prior to the expiry of that Period. If you have purchased a Season Ticket and you pay on a monthly basis, we may cancel the contract between us at the end of the then current Period, provided that we notify you no less than 7 days prior to the expiry of that Period.
(c) Cancellation for breach We may also cancel the contract between us at any time on notice to you if you breach any of these Terms and Conditions or misuse your Season Ticket in any way, such as (for example but without limitation) attempting to extract two vehicles from any one car park on the same
Season Ticket.
(d) Closure of your Nominated Car Park If your Nominated Car Park closes for any reason and we are unable to offer or you choose not to accept any alternative car park suggested by us, we may cancel the contract between us. In such circumstance we will endeavour to give you 1 months’ notice or such notice as we are reasonably able to provide in the circumstance.
(e) Refunds Upon receipt of notice from you, together with receipt of your Season Ticket, or notice by us that the contract between us will be cancelled, we will, unless we cancel the contract as a result of your breach or misuse of your Season Ticket, reimburse you by a payment into the account from
which payment for the Season Ticket was originally made or nominated bank account, in respect of any amounts to which you are entitled. We do not issue refunds by cheque. Any amount to be reimbursed will be calculated pro-rata based upon the unused portion of the relevant Period from the date upon which a valid notice of termination becomes effective, to the date upon which your Season Ticket expires, or if earlier, the end of the Period for which payment has been made. You will not receive any refund where we cancel the contract as a result of your breach or misuse
of your Season Ticket. All refunds shall be accompanied by a receipt and, where you are contracting as a business, will be made to the business rather than the individual contracting on behalf of the business. Refunds will be made back to the account from which payment was made unless we agree otherwise.
(f) Replacement cards If you Season Ticket is lost or stolen, then we will issue a replacement provided that you send your request for a replacement to us in writing at NCP, PO Box 4926, Walsall Road, Cannock. WS12 9DD . We will issue a first replacement Season Ticket free of charge. If your replacement Season Ticket is lost or stolen, we will be entitled to charge a £5 administration fee, which shall be payable to us at the time of the replacement request.
(g) Defective cards If your Season Ticket does not work for any reason, save where:
• you have misused or failed to take proper care of your SeasonTicket;
• you receive your Season Ticket before your Commencement Date (in which event it will not be activated until your Commencement Date); or
• you have failed to make payment by the relevant due date (in which event it will be deactivated until you make that payment); we will send to you a free of charge replacement, provided that you return your defective Season Ticket to us by post at the address detailed above. We will refund you in full against any charges you have incurred by parking your vehicle in the Nominated Car Park during the period from the date upon which you notify us that your Season Ticket is defective to the date of receipt of a replacement Season Ticket, provided that you provide us with evidence of parking, i.e. valid parking tickets or receipts and you continue to make payments to us when due in accordance with these Terms and Conditions. The limit on our liability to you in paragraph 12
(f) below will not apply to this provision.

11 OUR LIABILITY
(h) We will use reasonable skill and care in providing you with your Season Ticket and performing our other obligations under our contract. However, our responsibility to you is limited and we will only be liable to you as set out below. We will have no other liability to you. (i) We are liable for any death or personal injury arising from our, our servants’ or our agents’ negligence. Nothing in these Terms and Conditions shall exclude that liability. (j) We shall be liable for direct loss of or damage to your property which arises as a result of our negligence or dishonesty, or our servants’ or agents’ negligence or dishonesty. (k) Where you are contracting as a consumer we can accept no liability to you for any of the following types of loss which you may suffer as a result of your use of your Season Ticket: (i) loss which was not foreseeable to you and us when we entered into our contract (even if that loss results from our failure to comply with these Terms and Conditions or our negligence); (ii) any business loss you may suffer, including loss of revenue, profits or anticipated savings (whether those losses are the direct or indirect result of our default; (iii) loss which you suffer other than as a result of our failure to comply with these Terms and Conditions or our negligence or breach of statutory duty. (l) Where you are contracting as a business we can accept no liability to you for any of the following types of loss which you may suffer as a result of your use of your Season Ticket: (i) loss of profit or other economic loss (direct or indirect), indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arises out of or in connection with the contract, or for any liability incurred by you to any other person for any economic loss, claim for damages or awards howsoever arising. (m) Save as provided in the last paragraph of section 11 of these Conditions where no limit on our liability will apply, our maximum aggregate liability to you arising out of or in connection with our contract or these Terms and Conditions, whether in contract, tort, negligence or otherwise, shall in no event exceed £100.00

12 COMMUNICATIONS
Applicable laws require that certain communications or information we send to you should be in writing. However, if you have purchased your Season Ticket via our Website or requested that we contact you by email, you accept that communication with us will be mainly electronic. For contractual
purposes you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications we provide to you electronically comply with any legal requirement that such communication be in writing.

13 DATA PROTECTION
Any information you provide to us pursuant to these Terms and Conditions, or the contract between us, shall be processed in accordance with our privacy policy, details of which can be found on our website.

14 WAIVER
If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms and Conditions, or if we fail to exercise any of the rights to which we are entitled under our contract or any of these Terms and Conditions, this shall
not constitute a waiver of our rights or remedies and shall not relieve you from compliance with your obligations. A waiver by us of any default by you shall not constitute a waiver of any subsequent default by you of your obligations.

15 SEVERABILITY
If any of these Terms and Conditions or any provisions of our contract are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term will, to the extent that it is invalid or unlawful, be severed from the remaining Terms and Conditions which will continue to be valid
to the fullest extent permitted by law.

16 CIRCUMSTANCES BEYOND OUR REASONABLE CONTROLY
We reserve the right to defer delivery of your Season Ticket, or to cancel the contract between us, if we are prevented from or delayed in the carrying on of our business and our obligations under our contract or these Terms and conditions due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, provided that, if the circumstances beyond our reasonable control continue for a continuous period in excess of 3 months, you shall be entitled to give notice in writing to us to cancel our contract.

17 SUBCONTRACTING, ASSIGNMENT AND THIRD PARTY RIGHTS
You are not entitled to assign, charge, sub-contract or transfer our contract or any part of it without our prior written consent. We may assign, charge, subcontract or transfer the contract or any part of it to any person. Any person who is not a party to our contract shall not have any right to enforce any term of the contract which expressly or by implication confers a benefit on that person without our prior written agreement. Any term of our contract can be varied and our contract can be cancelled or terminated without the consent of any third party who might benefit from the terms or have enforceable rights under our contract.

18 ENTIRE AGREEMENT
THIS SECTION WILL NOT APPLY IF YOU ARE CONTRACTING AS A CONSUMER. These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between
us, whether oral or in writing. We each acknowledge that, in entering into our contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into our contract except as expressly stated in these Terms and Conditions.

19 LAW AND JURISDICTION
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales. If you are a consumer, then you may have rights to bring court proceedings in the courts of the country in which you are domiciled. Otherwise, to the fullest extent permitted by law, you and we shall bring all court proceedings in the courts of England and Wales.