All customers are requested to make themselves aware of these Terms and Conditions.
1. “we”, “us” and “our” means (BAA entity) acting by its appointed agent, (Operator entity) (“Agent”) by any style under which it trades. (BAA Limited is a company incorporated in England (Company Number: 1970855). The registered office of BAA Limited is 130 Wilton Road, London, SW1V 1LQ.)
2. “you”, “your” and “customer” means a person who shall have entered into a contract for the parking of a Vehicle at the Car Park (whether they have booked in advance via any booking service, or not), or who is entitled to the use of a parking space under the terms of a lease or agreement for lease and takes such entitlement. All customers entering into a contract with us for the parking of a Vehicle at the Car Park, whether by purchasing a ticket or otherwise, will be considered to do so on behalf of themselves and all other persons with whom they hold themselves out as representing.
3. “Car Park” means any parking facility operated by us or our appointed Agent provided for the parking of Vehicles.
4. “our representative” means any of our officers, agents and employees (acting in the course of business and within the scope of their duties towards us) and any of our Agent’s officers, agents and employees (acting in the course of business and within the scope of their duties towards us).
5. “Valet Parking Reception Area” means the area provided for the operation of the valet parking service.
6. “Vehicle” means any vehicle which enters into the Car Park and includes any mechanical device on wheels or tracks, its equipment, accessories and everything that may be left in or on it.
Our Responsibilities and Liabilities
7. We have an obligation to you, in return for the parking charge or charges paid or to be paid by you, to provide a space in the Car Park, if one is available, in which to park a Vehicle for the time allowed based on the amount paid or to be paid, and where applicable, use of a courtesy transfer service.
8. We do not guarantee that there will be any vacant parking space at any particular time. Season tickets do not entitle the ticket holder to a particular space. We will do our best to keep enough spaces reserved for season ticket holders but cannot guarantee this at all times.
9. You should remember that the Car Park is a busy facility and open to the general public. We, through our Agent, take all reasonable precautions to exclude unauthorised persons from entering or using the Car Park and creating nuisance. We cannot exclude all unauthorised persons and therefore we cannot guarantee the security of your Vehicle or its contents.
10. We and our Agent (including without limitation where the Vehicle is washed and cleaned) will only accept liability in respect of:
a. any loss, misdelivery of or temporary failure to deliver, any Vehicle;
b. damages to or loss of any part of the Vehicle or any of its accessories or any of its contents; and/or
c. any damage to any other property, arising from or in connection with the Company’s custody of the Vehicle
11. If it is proved to be caused by our or our representative’s negligence, wilful discharge of duty, criminal act, breach of statutory duty, or the dishonesty of our representatives in the course of their employment with us. In any event such liability shall not exceed £100 per claim or series of related claims.
12. We do not accept liability for:
a. any indirect or consequential loss; or
b. any loss of profit, loss of enjoyment, loss of revenue, loss of data; or
c. loss of earnings.
13. We or our Agent will only accept liability in respect of death, personal injury, loss or damage sustained by you or any other user, however it may be caused, if it is proved to be caused by our negligence, wilful discharge of duty or breach of statutory duty, or that of any representative in the course of their employment.
Safety and Security
14. Please ensure that at all times your Vehicle is securely locked and where an alarm is installed it is activated unless a representative authorised to do so requests that the keys of the Vehicle are left in their custody.
15. When you have parked your Vehicle, it is your responsibility to:
a. lock your Vehicle securely;
b. fully close all windows of your Vehicle;
c. apply your handbrake properly;
d. engage any steering lock, alarm or immobiliser you have;
e. not leave any animal or person within your Vehicle; and
f. ensure that your possessions are placed in a locked boot and are not on display. We cannot be held responsible for any loss or damage whatsoever occurring to your Vehicle or possessions within it resulting from your failure to do these things.
16 Our representatives have no authority to accept any articles for safe custody and we will not be liable for any loss of or damage to any such articles which you purport to leave with us, our Agent or a representative. You must deposit your valuables in a safe deposit box or other secure place prior to leaving the Vehicle in our custody.
17. You must drive carefully and responsibly in the Car Park (and Valet Parking Reception Area). You must also ensure that any children and animals are properly supervised and are at all times accompanied when they are using the Car Park (and Valet Parking Reception Area). Please be aware of all vehicles in motion within the car park (and Valet Parking Reception Area).
18. You must comply with all directional signage and other instructions when in the Car Park (and Valet Parking Reception Area).
19. While we use reasonable endeavours to ensure that the Car Parks are secure, we do not guarantee that they are a secure environment.
Use of the Car Park
20. Everybody who enters the Car Park is taken to agree, in return for the use of the Car Park in accordance with these Terms and Conditions, to be bound by and to comply with all of these Terms and Conditions. Where you have booked your car parking in advance, you will also be bound by the Terms and Conditions of that booking service. The booking only permits you to make one entry and one exit per booking. It does not allow you to make multiple entries and exits during the period of your booking and you will be subject to a parking contravention charge notice in the event that you breach this provision. If you have used BAA Advance to book your parking, the booking Terms and Conditions can be viewed at (www.baa.com/ advance) or can be obtained by calling 0844 3351 000. For all other advance booking services, please contact the advance booking service you used to obtain a copy of their booking Terms and Conditions.
21. Only the following people have permission to enter or remain in the Car Park:
a. our authorised representatives;
b. any owner of a Vehicle who comes into the Car Park to park it, or to collect and remove the Vehicle, provided that all charges due to us are paid before it is removed;
c. any passenger travelling in a Vehicle with the permission of its owner when the Vehicle is brought into the Car Park or who is intending to travel in the Vehicle, with the permission of its owner, when it leaves; and
d. any owner of a Vehicle, or person authorised by its owner, who requires access to the Vehicle while it is parked.
22. Permission is not given for vehicles of a type expressly excluded by notices at the entrance to the Car Park.
23. If you are not a person listed in Clause 21 above you have no permission to be in the Car Park. Any representative may require you to leave at any time and they are authorised if necessary to call for police assistance to have you removed.
24. If you have another reason to visit the Car Park or have an enquiry regarding a vehicle on the site you should approach a representative before entering the Car Park.
25. We are entitled to check whether anybody who is in the Car Park has permission to be there and a legitimate reason for being there. Your cooperation is appreciated as this can help to improve security.
26. All customers entering into a contract with us for the parking of a Vehicle at the Car Park, whether by purchasing a ticket or otherwise, will be considered to do so on behalf of themselves and all other persons with whom they hold themselves out as representing, and each customer warrants their authority so to contract.
Moving of Vehicles
27. We or our representatives reserve the right to move any Vehicle within or outside the Car Park to whatever extent as we may deem our parking facilities. Vehicles parked otherwise than in a designated parking space may be towed away without notice and any cost of recovery will be charged to you.
Car Park Tickets
28. All tickets issued by us are only available for the Vehicle in respect of which it is issued. Car Park Tickets, season tickets or other special tickets as well as tickets issued on entry, do not entitle you, unless otherwise agreed by us in writing, to any specific space in the Car Park nor is there any priority over other customers. Season tickets or other special tickets remain our property to be returned to us upon expiration.
29. If you have been issued with a valid parking ticket and are unable to produce this upon request, we and our representatives reserve the right to make all enquiries deemed to be necessary and reasonable prior to the release of the Vehicle. Non production of a valid parking ticket may lead to delays. All lost tickets will be charged at full daily rate or in accordance with any other policy in operation from time to time.
Parking Charge Notice
30. We and our Agent have a responsibility for the enforcement of Restrictions on where you may park will be indicated on signage displayed in the Car Park or by markings on the ground and it is your responsibility to check that your Vehicle is not parked such that it is in breach of any restriction.
31. We and our Agent may issue Parking Charge Notices for breaches of the restrictions, including but not limited to, parking:
a. in an area in the Car Park not specifically designated for parking, or in a restricted area in the Car Park;
b. beyond the bay markings in a single designated Car Parking bay; and
c. a Vehicle in a bay reserved for another purpose, including but not limited to:
d. in a disabled person’s parking space without clearly displaying a valid disabled person’s badge belonging to yourself or another occupant of the vehicle;
e. a motor-cycle anywhere in the Car Park, other than in a designated for that purpose; and
f. a low sided-vehicle in a designated high sided vehicle bay.
32. Details of the procedure in force for paying a Parking Charge Notice or appealing against the issue of a Parking Charge Notice are set out on the back of each Parking Charge Notice
Abandoned Vehicles and Liens
33. If you intend to leave your Vehicle in the Car Park for more than 28 days we recommended that you notify us in writing of your intention to do so. We reserve the right to sell any Vehicle which we reasonably believe to have been abandoned and shall be entitled to regard as abandoned any Vehicle which has been in the Car Park for more than 28 days without prior notification. Please be aware that an abandoned Vehicle will be subject to a lien as set out in Clause 34 below and we may follow the procedures set out in Clauses 35 to 39 in respect of such a Vehicle.
34. Every Vehicle in the Car Park (whether or not it has been abandoned) is subject to a lien for all parking charges due or accruing due from the customer to us, and a general lien for all and any monies due from you to us. Such liens will be in existence whenever the Vehicle is in the Car Park, notwithstanding that it may have been removed from the Car Park from time to time.
35. If the lien is not satisfied by payment, within 28 days of a notice given by us of our intention to sell the Vehicle, we may sell the Vehicle by auction or other method. The proceeds of the sales may be applied in and towards satisfaction of all sums owing to us by the owner, together with the expense of such a sale. In addition, we may charge reasonable storage charges in respect of the period during which the Vehicle is in our possession, as well as those charges set out in Clauses 36 and 37. Any balance of the purchase price that remains after satisfaction of such sums will be held by us on behalf of the registered owner of the Vehicle. Any balance will be paid over to the registered owner of the vehicle on proof of entitlement.
36. The notice mentioned above shall be deemed to have been properly delivery post, addressed to the registered owner at their last known address, whether or not the notice is actually received.
37. In order to exercise our lien, we have the right to put a clamp on the Vehicle concerned and to charge a de-clamping fee for removing the clamp. Wheel clamps are our property. Anyone damaging or removing a clamp without authority will be reported to the police.
38. While the Vehicle remains in the Car Park, parking charges will continue to apply at the current daily rates and will also be added to any earlier outstanding charges (including any de-clamping charge) which must be paid before the Vehicle is released.
39. Our rights of disposal set out above are in addition to any of our rights to dispose of unclaimed Vehicles under the Torts (Interference with Goods) Act 1977.
40. All parking charges (except in relation to advance bookings) are displayed from time to time on the appropriate tariff boards displayed in the Car Park and can be altered at our discretion. Any charges will be applied immediately when the rates displayed on the tariff boards are changed.
41. Payment may be made with cash, debit or credit cards or other electronic or telephonic means where available. Only cash transactions are available at all locations. If cheque payments are accepted at a particular location, cheques must be accompanied by a valid banker card covering the value of the transaction. Other proof of identity or address may be required.
42. You are not allowed to tow or have towed a Vehicle into a Car Park.
43. You are not allowed to spend an excessive amount of time (as determined by us) in your Vehicle whilst it is parked in the Car Park this includes sleeping in your Vehicle or staying overnight in a Vehicle.
44. You are not allowed to park anywhere except in a marked bay.
45. The following activities are not permitted at any time in the Car Park:
a. conducting any service work, cleaning (unless carried out by our employee or Agent) or repairs to the Vehicle;
b. partaking in any business activity in connection with selling, hiring or other disposal of the Vehicle;
c. filling or emptying of fuel tanks;
d. misusing or damaging any facilities in the Car Park;
e. driving dangerously or too fast;
f. making unnecessary noise, including playing music in any way that annoys other users of the Car Park or people who live or work nearby;
g. filming or taking photographs;
h. cooking or lighting fires;
i. using the full facilities of a camper van, including but not limited to the toilet, bathroom and kitchen;
j. doing or attempting to do anything which is a criminal offence.
46. Permission to use the Car Park is automatically withdrawn if you or your passengers or anyone else under your control do any of the things prohibited in these Clauses 42-46.
Use of Coach Service
47. You need to leave an appropriate amount of time to reach the terminal building from the Car Park using the coach service. Guides to the estimated transfer time (in normal traffic conditions) and the frequency of buses are set out on the relevant website, but in addition to this you should ensure that you factor in time to find a space and walk to the relevant coach stop. We do not accept responsibility if you miss your flight or your airline check-in has closed because you have not left enough time to get from the Car Park to the terminal.
48. Coaches are marked with their destination, which in a multi-terminal airport may be one terminal or all terminals. Please take care to ensure that you board the correct coach.
49. The estimated frequency of the arrival of coaches (in normal traffic conditions) is set out at coach stops and on the Website.
50. Please ensure that you remember to take all your luggage off the coach when you arrive at your terminal. We do not accept responsibility if you miss your flight or your airline check-in has closed because you have to recover luggage which you have left on the coach.
51. Coaches are designed to accommodate personal luggage only. The Company may prohibit the carriage of items that might case a nuisance or danger to the coach or other customers including, but not limited to, large items which cannot be safely stored in the racks provided and live animals.
52. We do not accept liability for increased duration of transfer times from Car Park to the terminal building which are caused by, without limitation, exceptional volumes of traffic, road works or accidents.
Reporting of Incidents and Claims
53. If you suffer loss of, from or damage to your Vehicle whilst in the Car Park or sustain any personal injury you should ensure that:
a. you immediately report the incident to the staff;
b. if theft is involved, you report it to the police immediately; and
c. your insurance company is notified promptly.
54. If you wish to make a claim against us or the Agent you must ensure that within 48 hours full details of the occurrence is received by the Agent either through the head office or the location manager. Before submitting this claim please ensure that the claim falls within the Agent’s or our area of responsibility – see Clauses 7-13 “Our Responsibilities and Liabilities” above.
55. Failure to comply with the above procedure may prejudice your claim.
56. We do not accept liability for any cancellations, curtailments or otherwise caused by reason of war or threat of war, riots, civil strife, terrorists activity, industrial disputes, natural and nuclear disaster, fire, adverse weather conditions or technical problems to transport, closure or congestion of airports, cancellation or changes of schedules by airlines and all similar events beyond our control. Further, we cannot accept responsibility where the performance or prompt performance of this contract with you is prevented or affected as a result of such circumstances beyond our or your control.
57. Nothing in these Terms and Conditions shall take away or modify any of your statutory rights or entitlements. Variations of the Terms and Conditions
58. These Terms and Conditions constitute the whole agreement between us and you. However, we reserve the right to amend these Terms and Conditions at any time.
59. These Terms and Conditions are governed by and shall be construed in accordance with English Law and any claims arising under them are subject to the exclusive jurisdiction of the English Courts.
60. If any provision of these Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms and Conditions, and the validity and enforceability of the other provisions of this agreement shall not be affected.
61. If a provision of these Terms and Conditions (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.