HS1 Parking Season Tickets Terms and Conditions
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. 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 telesales department by phone (0333 320 3411) or by email ([email protected]).
1 Defined terms
The following terms used throughout these Terms and Conditions shall have the following meanings:
Any references to “NCP”, “we”, “us” and “our” shall be a reference to National Car Parks Limited or to National Car Parks (EUK) Limited which is a wholly-owned subsidiary of National Car Parks Limited.
“ANPR” means automatic number plate recognition.
“Commencement Date” means the date from which your Season Ticket is valid (as notified to you by us or otherwise indicated on your Season Ticket).
“Nominated Car Park(s)” means the car park (or car parks in the case of a Roving Season Ticket) nominated in your Order.
“Order” means your order for the purchase of a Season Ticket for your chosen Period via our website.
“Period” means the weekly, monthly, quarterly, six-monthly or yearly period identified in your Order.
“Season Ticket” means a permit held by you allowing you to park your vehicle in the Nominated Car Park for the required Period.
“Website” means https://stpancrasparking.empark.com/, https://stratfordintlparking.empark.com/, https://ebbsfleetparking.empark.com/, https://ashfordintlparking.empark.com/ and all other URLs operated by us.
2 Information about us
National Car Parks Limited is registered in England and Wales under company number 253240. National Car Parks (EUK) Limited is registered in England and Wales under company number 6631612. The registered office for both companies is at Saffron Court, 14B St Cross Street, London, EC1N 8XA.
3 Car Park Terms and Conditions
(a) By using your Season Ticket you are agreeing to be bound by and to comply with the car park terms and conditions on display at the Nominated Car Park(s) and available on our website https://www.ncp.co.uk/help-centre/ncp-car-park-terms-conditions/ (as updated from time to time).
(b) Where you are contracting other than as a consumer and are purchasing a Season Ticket for use by your employees, officers, partners or agents, you shall ensure that, prior to their use of the Nominated Car Park(s), they have agreed to comply with the car park terms and conditions on display in the Nominated Car Park(s) and available on our website https://www.ncp.co.uk/help-centre/ncp-car-park-terms-conditions/ (as updated from time to time). On NCP’s request, you shall provide us with evidence of such agreement.
4 How the contract is formed
(a) 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 sending you a confirmation email. Your contract with us will only be formed when we send the confirmation email. As the HS1 car parks are operated by ANPR you will not receive a physical ticket. We therefore recommend you retain the confirmation email.
Our website contains a large number of different season tickets. It is always possible that, despite our reasonable efforts, some of the season tickets on our website may be accidentally, incorrectly priced. If we discover an error in the price of the season ticket that you have ordered online, we will contact you to inform you of this error and we will give you the option of continuing to purchase the season ticket at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you in writing by post or email. If we mistakenly accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel the Season Ticket and refund to you any sums that you have paid to us in respect of that Order.
If we are unable to offer you a Season Ticket for your Nominated Car Park(s), we may contact you to offer a suitable alternative.
5 Consumer rights
If you are contracting as a consumer (ie you are not making this contract in the course of business), you may cancel the contract at any time within fourteen days, beginning the day after you received your confirmation email so long as you have not started to use the Season Ticket. If you have started to use the Season Ticket, you waive this right to cancel. If you decide to cancel your contract, you will receive a full refund of the price paid by you for your Season Ticket. To cancel the contract, you must inform us by email to [email protected]. Please note that this right to a refund does not affect your statutory rights.
6 Non-transferability
Your Season Ticket is personal to you and is non-transferable.
7 Price and payment
(a) Price: If you are a consumer, the price for the Season Ticket shall be inclusive of VAT. If you are not a consumer, the price for the Season Ticket shall be exclusive of VAT.
8 Your Season Ticket
(a) Please remember that your Season Ticket does not guarantee you a space, entitle you to park in areas marked as reserved (whether for premier bay users or otherwise) unless indicated in your Order or confer upon you any element of exclusivity in or over any part of the Nominated Car Park(s).
(b) Your Season Ticket will permit you to park one vehicle only in the Nominated Car Park(s) at any one time. You must not, at any time, use the Nominated Car Park(s) as a storage facility for your vehicle or conduct any activity in connection with the selling, hiring, disposal of vehicles, provision of goods or services or any other business at the Nominated Car Park(s) without prior written permission from us, failing which we shall be entitled to immediately terminate all Season Tickets that you have with us at that time.
(c) Once your Season Ticket has been used to exit your vehicle from a Nominated Car Park, it cannot be used again to exit a different vehicle, which overlaps any part the parking session of the first vehicle. If you do attempt to use your Season Ticket in this manner, or if you attempt to use an expired or cancelled Season Ticket when exiting a Nominated Car Park, you will be charged at the prevailing daily tariff rate at the Nominated Car Park for the full length of the parking session. Please note that we reserve the right to review historical usage of your Season Ticket alongside CCTV footage to determine whether you have misused your Season Ticket and also pursue you for any loss that we have suffered as a result of any such misuse.
Because the car parks use ANPR technology if you replace your vehicle during the Period you must notify us of the new vehicle registration mark before using your replacement vehicle in that Nominated Car Park.
(d) The opening hours of your Nominated Car Park(s) are on display at the Nominated Car Park(s). We shall not be responsible for granting access to or egress from the Nominated Car Park(s) outside of these opening hours.
9 Cancellation, renewals, refund policy and replacements
(a) Cancellation by you
If you are a consumer and you did not cancel during the first 14 days of the contract you may cancel in the following circumstances. If you are not a consumer you may only cancel in the following circumstances:
(i) Where you have not used the Season Ticket at all – we will issue you with a full refund, even after the Commencement Date.
(ii) Weekly Season Tickets where you have used a portion of the Period – there will be no refund due.
(iii) Monthly, Quarterly, Six-Monthly or Annual Season Tickets – We will refund in respect of unused portions of shorter season ticket periods. For example, if you have bought an Annual Season Ticket and you use the Season Ticket for three months and a day, you will receive a refund for the Annual Season Ticket, less the cost of a Quarterly Season Ticket and the cost of a Weekly Season Ticket.
(b) Cancellation for breach We may cancel the contract with you at any time on notice to you if you breach any of these Terms and Conditions, the car park terms and conditions for the Nominated Car Park(s), or if you misuse your Season Ticket in any way, such as (for example but without limitation): (i) attempting to extract two vehicles from any one car park on the same Season Ticket; (ii) attempting to transfer or sell your Season Ticket to another person; or (iii) allowing another person to use your Season Ticket without our written consent.
(c) Closure of your Nominated Car Park
If you hold a Season Ticket and 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, either of us may cancel the contract. In such circumstance we will endeavour to give you 1 month's notice or such notice as we are reasonably able to provide in the circumstance.
(d) Refunds Upon receipt of notice from you, we will (if applicable) 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. Any refund will be calculated in accordance with this section 9 (Cancellations, renewals, refund policy and replacements) and will be 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.
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.
10 Our liability
(a) We will use reasonable skill and care in providing you with your Season Ticket and performing our other obligations under the contract. However our responsibility to you is limited and we will only be responsible to you as set out below.
(b) We are responsible 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.
(c) We shall be responsible 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.
(d) Where you are contracting as a consumer or a business we accept no responsibility 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 or us when we entered into the 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.
(e) Where you are contracting as a business we also accept no responsibility to you for 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.
(f) Except as provided in the last paragraph of section 9 (Cancellations, renewals, refund policy and replacements) of these Terms and Conditions where no limit on our responsibility will apply, our maximum aggregate responsibility 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 £1000.00 (one thousand pounds).
11 Communications
By providing us with your email address as part of your Season Ticket application, you agree to receiving communications and information from us by email 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.
You must ensure that any notifications required to be made by you in accordance with these Terms and Conditions are made in writing. All notices must be sent to our registered office address, details of which are set out in section 2 (Information about us) of these Terms and Conditions.
12 Data protection
Any information you provide to us pursuant to these Terms and Conditions, or the contract with us, shall be processed in accordance with our privacy policy, details of which can be found on our Website https://www.ncp.co.uk/help-centre/website-terms-and-conditions/privacy-and-cookie-policy/.
13 Waiver
If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under our contract, or if we fail to exercise any of the rights to which we are entitled under our contract, 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.
14 Severability
If 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 our contract which will continue to be valid to the fullest extent permitted by law.
15 Circumstances beyond our reasonable control
We reserve the right to defer delivery of your Season Ticket, or to cancel the contract with you, if we are prevented from or delayed in the carrying on of our business and our obligations under the contract 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 the contract.
16 Subtracting, assignment and third party rights
You are not entitled to assign, charge, sub-contract or transfer the 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 the 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 the contract can be varied and the 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.
17 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 with you and supersedes any prior agreement, understanding or arrangement with you, whether oral or in writing.
We each acknowledge that, in entering into the contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations prior to entering into the contract except as expressly stated in this contract.
18 Law and jurisdiction
This contract shall be governed by and interpreted in accordance with English law. 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.
Last updated: November 2020