TERMS AND CONDITIONS FOR MIDDLESEX PARKING

YOU ARE REQUESTED TO CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS FOR CAR PARKING.

YOU SHOULD FOLLOW THE PROCEDURES IN THOSE TERMS AND CONDITIONS.

SHOULD YOU WISH TO MAKE A COMPLAINT YOU ARE REQUESTED TO FOLLOW THE COMPLAINTS PROCEDURE SET OUT BELOW, WHICH WILL ENSURE THAT YOUR CLAIM IS DEALT WITH PROMPTLY BY THE MANAGEMENT.

TERMS AND CONDITIONS

A. By handing over the vehicle’s keys, the Customer authorizes the Company to drive their vehicle from the terminal, to/from its compounds and back to the terminal upon the customer’s return, in order to carry out its contractual obligations to the Customer.

B. If any terms in this contract shall be deemed or determined to be unenforceable, this should not render the entire contract unenforceable i.e. the terms are severable.

C. The Company cannot accept liability for any consequential loss arising under any of the terms and conditions set out herein, including, but not exclusively, any loss of profit, enjoyment, revenue or earnings. The company does not accept liability for any failure by it to perform its obligations due to an event beyond its reasonable control. This includes civil commotion, terrorist threats or activity, industrial disputes, adverse weather conditions, closure or congestion of any of the airport's terminals.

D. The Company's drivers / Personal Travel Assistants are insured to drive Customer vehicles which are worth up to the value of £70,000. Customers with cars worth more than this figure may nevertheless book with the Company but on the strict understanding that the Company is not responsible for any excess when a claim exceeds £70,000, and also any claims will be restricted to the proportion that £70,000 bears to the actual market value of the vehicle at the time of the damage.

E. Because of variations in Customer arrival and departure times, the Company utilizes the airport short-stay car parks to temporarily accommodate Customers' vehicles. In such instances, whilst the Company will take all due, reasonable care, the Company cannot accept responsibility for any loss or damage caused by third parties to Customer vehicles whilst their vehicle is stored temporarily in such locations.

F. While the Company takes all reasonable steps to ensure that the compounds are secure, it does not guarantee that they are a secure environment. The Company provides every Customer with a secure compound in which their vehicle is parked and a secure safe where their car key will be stored. However, Customers’ Vehicles and contents are left in the Company Car Park at the Owners risk. The Company will accept liability in respect of the loss or damage to personal belongings sustained by the customers in the Car Park only when the same is proved and to the extent that it is proved to be caused by their negligence or wilful default.

G. Customers must fully inspect their vehicle upon return in the presence of our driver, as the company cannot take responsibility for any damage claims, made or alleged, once the vehicle has left its possession, whatever the circumstances. The vehicle should not be taken away until this process has been fully completed.

H. Where the customer is unable for any reason whatsoever to inspect the vehicle fully before leaving the Terminal, it is his/her responsibility to call for a senior representative of the company, so that an alternative can be agreed before the vehicle leaves our possession. The company will not take responsibility where damage is claimed at a later time and where this process has not been followed.

I. In the event that the customer has to be picked up from the Terminal Building, due to a mechanical failure of the customer’s Vehicle, then the Company reserves the right to charge for this and any associated costs that it may incur.

J. The Company will not accept responsibility for hire charges or any hotel charges howsoever incurred.

K. The Company will be held liable to bear the costs of replacing a customer’s car key (to a maximum of £200), in the event of a lost car key, only when the same is proved and to the extent that it is proved to be caused by their negligence or wilful default. However, the Company will not be held responsible for replacing any locks or other keys or items attached to the lost car key.

L. The Company requires the Customers to bring 2 keys for their vehicle, one which the customer should retain and one to give to the Company. The Company accepts no liability for any faulty keys, alarm fobs, house or other keys left on the Key ring.

M. The Company will not authorize or agree for any works to be carried out by any dealerships in the event of damage.

The Company ensures that every effort is made to make the car park safe and secure and to deliver the customers’ cars safely to and from Heathrow Airport. The Company staff and drivers are fully trained and are given on-going training throughout their employment with Middlesex Parking Meet & Greet Service. The Company assumes that the customers will retain their return instructions for their Vehicle in a safe place ready to present on their return.

Accordingly the Company will only accept liability for damage in the following situations, and provided the stated conditions are met;

1. The Company will only accept liability in the following circumstances:

i) Will accept liability in respect of any loss or theft or misdelivery of or temporary failure to deliver or damage to the customer’s Vehicle or its contents that may arise only where the same is proved and to the extent that it is proved to be caused by their negligence, wilful act or default or breach of statutory duty

ii) Claims for damage or loss will not be considered unless reported to the company staff immediately on the return of the Vehicle at the terminal and before the customer has driven their car away from the terminal and written confirmation is obtained to confirm the alleged damage.

 

2. In the event the Company accepts liability for damage to a customer's Vehicle, the Company and/or its insurers reserve the right to choose the repairer to repair the customer’s car. The following terms shall apply :

i) The repairer must be conveniently located to the customer’s home or work address as shall be mutually agreed between the parties

ii) They shall be professionally qualified to carry out such work

iii) Once the repairer has been agreed upon, the work a) shall be undertaken in the name of the Company b) so that the VAT and appropriate taxation relief can be recovered in the interests of the Company and /or its insurers, c) to enable the Company to negotiate fair terms with the repairer for the proper and competent repair of the vehicle, including where possible a courtesy car

iv) In the event a courtesy car is not available as part of the arrangement, the Company shall be permitted to put in place the necessary arrangements with the repairer to align the period required for a hire car to the period required for the repair and return of the vehicle to the customer

v) In all cases, the parties shall adopt an equitable attitude and work with each other to mitigate any costs arising in relation to the matter

vi) Once a repairer has been agreed upon, the Company will use its best endeavours and experience to ensure that the repairs required are carried out as quickly and efficiently as possible and to keep the customer informed of progress throughout

vii) For the peace of mind of our Customers, we wish to make it clear that any work carried out by the agents on behalf of ourselves or our insurers will be carried out to insurance standards. viii) The Company will contact the customer to arrange for the remedial work to be carried out by the repairer.

3. It is a fundamental term of this contract that in the event the Customer is unhappy with this choice he is entitled to suggest an alternative repairer(s) and in these circumstances:

i) Must advise the Company in writing so that a fair and reasonable discussion can take place

ii) Ensure that a written reply is received from the Company so that an agreement can be arrived at prior to any work being authorized iii) If agreement cannot be reached the parties must agree an arbitrator to determine the matter. The Company, its employees and agents will not accept liability for the following;

1. The Company will not accept liability for any damage to Vehicles or other property arising from acts of nature from the Car Park’s open-air surface operations.

2. The Company will not accept responsibility for any damaged wipers, windscreens, or other glass.

3. The Company does not accept responsibility for any mechanical, structural or electrical failure to any part of the customer’s Vehicle, whilst in its custody.

4. Nor will the Company accept responsibility for any damaged or punctured tyres, or wheels, howsoever the damage occurred.

5. If the customer’s Vehicle has a mechanical fault whilst being driven to and from the airport or at the car park, the Company will arrange for the customer to be brought back to their Vehicle as soon as possible.

6. In the event that the Vehicle acquires a puncture or slow punctures, the Company reserves the right to charge either to inflate or change the tyre.

7. In the event that the Vehicle does not start due to a flat battery, the Company reserves the right to charge for their time in attempting to start the Vehicle. The Company will not be held responsible for any damage that may occur as a direct result of having to jump-start the customer’s Vehicle.

8. The Company cannot be held responsible, if customers lose their return instructions and they are presented to the Company by a third party, who uses it to fraudulently to take delivery of the customer’s Vehicle.

9. Will not accept liability for any alleged damage to the Vehicle if at the time of inspection of the Vehicle, the weather conditions and poor visibility affected the inspection and the correct recording of any existing damage to the Vehicle.

10. The Company only inspects the Vehicles for major damage or dents, therefore, would only be liable for any major damage or dents that occurred to the Vehicle, where the same is proved to the extent that it is proved to be caused by their negligence.

11. The Company does not inspect for any minor damages or scratches, therefore, are not held liable for any minor damages or scratches on the Vehicle. If this matter is in dispute, then the onus is on the customer to prove that any minor damage or scratches were caused by the Company through their negligence.

12. The Company does not accept responsibility for the condition of the Vehicle on return to the customer, whether the Vehicle was handed over to one of the Company’s drivers in a dirty or clean condition.

13. The Company reserves the right to either provide or not provide a free hand car wash service. The Company cannot be held responsible if they are not able to carry out this service because of time restrictions or staffing shortages etc.

14. The Company will endeavor to collect and deliver the customer’s Vehicles at the requested times. However they do not accept any responsibility for any delays caused as a result of unforeseeable events such as, traffic congestion, delayed flights, security alerts.

SECURITY OF VEHICLE AND CONTENT AND BAGGAGE

1. Unless requested by the Company or one of its employees or agents not to do so, the customer must ensure that before handing over their car to one of the Company’s drivers that all the windows of their Vehicle are securely closed and so far as contents are concerned, the customer must not leave anything of value in their car.

1.1. It is a condition of acceptance of any Vehicle that the customer removes all loose and valuable items as the Company cannot accept responsibility for their loss. Customers are reminded that their motor insurance policies may not cover possessions in their Vehicle.

TIME OF ARRIVAL

1. Customers are advised to allow for sufficient journey time to arrive at the Airport Terminal for the meeting time arranged by the Company. The driver will wait for 15 minutes after that meeting time unless the customer has phoned the company to advise of a further short delay, in which case the driver can be requested to wait longer.

1.1. The company’s drivers are easily recognizable as they all wear a black uniform with the Company name and logo clearly visible and carry a form of identification at all times.

BOOKINGS PROCEDURE, PRICES, CANCELLATIONS AND EARLY RETURNS

1. Bookings through the Company’s website or Consolidators are deemed to be made, when final confirmation of the booking has been sent via e-mail. All terms and conditions are deemed to have been accepted at the point confirmation is made.

2. A confirmation of Booking does not entitle the customer unless otherwise specified to any particular space in the Car Park or to priority over other customers. The customer must retain the return instructions as identification of their right to drive away their Vehicle on their return. In the absence of acceptable identification the Company reserves the right not to release the Vehicle.

3. Prices may be varied from time to time and whilst every effort will be made not to change prices during a period when they have been expressed to be valid, the Company reserves the right to change prices whether or not it gives notice of its intention to do so.

4. The customer must follow the precise instructions relating to their return that are handed to them by the Company’s driver on their departure.

4.1. Non-arrivals and cancellations within TWENTY-FOUR HOURS of the planned arrival date will be charged in full, unless otherwise agreed in writing.

4.2. A booking may be cancelled up to 24 hours prior to the time for which the service has been booked, and a full refund less £20.00 administration cost will be made.

If you return after midnight you will be charged £20 to pay in cash on return to the driver.

If you return on an earlier date or flight there will be a charge of £20 to pay in cash to the driver.

If you extend your stay there will be a charge of £20 for the first 24 hrs then £10 per day, total to be paid in cash on return.

4.3. Any customer wishing to curtail the length of stay, once that service has commenced, will be liable to pay the fee for the whole of the service already booked.

4.4. Any alterations made within 24 hours of departure and during the duration of stay will incur a charge of £10.00 for each and every amendment made.

4.5. The customer must inform the Company of all amendments and confirm them via e-mail.

4.6. An Increase in duration of the customer’s stay will be debited from the clients account and payment collected prior to the return of the vehicle, unless otherwise agreed with the Company.

4.7. Full payment of booked service is due prior to the commencement of the service.

4.8. If the customer requires a booking for a period longer than 31 days, then the Company requests the customer to contact the Company directly to arrange this.

MOVING AND RELOCATION OF VEHICLES

1. The customer must ensure that, before leaving the Vehicle with the Company that it is in a roadworthy condition, holds a current MOT certificate and must be taxed to comply with the Road Traffic Act 1988. This is deemed by the company to be the case for the whole duration while the Vehicle is in the Company’s possession.

1.1. If any liabilities or costs are incurred by the Company as a result of the customer’s Vehicle not complying with the Road Traffic Act, then the Customer will be held responsible for all liabilities and costs incurred by the Company.

2. The Company reserves the right to move the Vehicle within or outside the Car Park by driving or otherwise to such extent as the Company, or its staff may in their discretion think necessary for the efficient arrangement of its parking facilities at the Car Park, or in emergencies or to avoid accidents and obstructions. Ignition keys to the Vehicle must therefore be left in the Vehicle at the time of handing it over to the driver.

2.1. It will be necessary in the exercise of the rights conferred upon the Company under this condition, for the driver to have the right to drive or otherwise take the Vehicle on the public highway.

2.2. The drivers are fully insured by the Company to drive customers Vehicles to and from the airport.

2.3. Once the Vehicle is parked in the Company Car Park then the responsibility of insurance of the Vehicle automatically reverts back to the customers insurance.

2.4. During certain busy periods or lengthy periods of stay, the customer’s Vehicle may be parked in any one of the Company’s larger Secure Compounds which are approximately 20 miles away in total, (to and from Heathrow Airport).

LIENS AND AGENCY

1. Every Vehicle in the Car Park or being serviced by the Company is subject to a lien for all charges due or accruing from the Customer to the Company, and a general lien for all and any monies due from the Customers to the Company such liens to be in existence whenever the Vehicle is in the Car Park, notwithstanding that it may from time to time have been removed.

1.1. If the said lien is not satisfied by the payment, within 28 days of notice given by the Company of its intention to sell the Vehicle in default of payment, the Company may sell the Vehicle by auction or otherwise and the proceeds of sale may be applied in and towards satisfaction of all sums owing to the Company by the customer together with the expenses of the sale, and in connection with such sale the Company shall be entitled to charge reasonable garage charges in respect of the period during which the Vehicle is in the possession of the Company.

1.2. Any balance of purchase price remaining after satisfaction of such sums shall be held by the Company on behalf of the registered owner of the vehicle.

1.3. Notice of intention aforesaid shall be deemed to have been properly and sufficiently given by the sending of written notice by prepaid post, addressed to the registered owner at his known address, whether or not the same is actually received.

2. Every person who enters into a contract with the Company for the parking of a Vehicle in the Car Park does so, on behalf of themselves and all other persons having any proprietary, possessory or other financial or material interest in the Vehicle.

COMPLAINTS PROCEDURE

1. If any dispute arises regarding the condition of any Vehicle on return to the Airport Terminal this dispute must be put in writing on the driver’s document and on the customers copy and both parties must sign these documents to confirm these details. A copy must be retained by the customer and a copy by the driver.

1.1. If there is a dispute on whether the Vehicle has been 'written off', then the decision will be left with the insurance company. If the insurance company decide that the Vehicle has been 'written off', then the Company will take their decision as final.

1.2. Complaints cannot be considered once the Vehicle has left the airport terminal having been returned by the driver to its owner, therefore the customer must check their Vehicle before leaving the terminal.

1.3. Should the Company lose the customer’s Vehicle whilst in the care of the Company, the customer must inform the Police, the Company and also notify their insurers promptly.

1.4. In the event that a claim is disputed, the customer must give written notice containing full details of the occurrence to the Company. Before submitting a claim to the Company, customers are requested to check the Terms and Conditions of the Company stated on the website and to satisfy themselves that the subject matter of their claim falls within the Company’s area of responsibility. Failure to comply with the above procedure may prejudice the customer’s position and it should be noted that the Company’s Booking Form makes no representations as to the Company’s liability.