Product terms and conditions

Here you will find the subscription, pre-book and season ticket terms & conditions. Please scroll down to find the relevant product you are looking for.

Terms and Conditions for Subscription Parking Service

Last updated: September 2024

  1. Introduction

These Terms and Conditions (“Terms”) govern the use of the Autopay Parking Service (“Service”), provided by Apex Parking (“we,” “us,” “our”). The Service allows users (“you,” “your”) to park in the Prince Street Car Park, Bristol, and automatically pay parking charges using a registered bank card.

By registering for and using the Service, you agree to comply with these Terms.

  1. Registration

2.1 Eligibility: To use the Service, you must be at least 18 years old and have a valid payment card.

2.2 Account Setup: You must register for the Service by providing a valid payment card and any other required information, such as your vehicle’s registration number.

2.3 Vehicle Registration: You are responsible for ensuring that the correct vehicle registration is associated with your account. Any discrepancies may result in parking charges being unpaid or incorrectly charged.

2.4 Payment Authorisation: By registering for the Service, you authorise us to charge your payment card for any parking fees incurred when you use the Service, including any payments that may have been missed at the point of exiting the car park for any reason.

  1. Use of the Service

3.1 Participating Car Parks: The Service is available at participating barriered car parks. You can check the list of participating car parks on our website or app.

3.2 Entry and Exit: When entering and exiting a participating car park, the Service will automatically detect your vehicle and process the applicable parking charges to your registered payment card. You do not need to take a parking ticket.

3.3 Automatic Payment: Charges will be calculated based on the time spent in the car park and deducted from your registered payment card automatically upon exit.

  1. Parking Charges

4.1 Fees: Parking fees are based on the tariffs displayed at the point of registering and subscribing and as advertised at each participating car park. Charges will apply according to the duration of your stay and any applicable discounts or promotions. The tariffs are subject to change at our sole discretion, however, we will always inform you of such changes, providing enough notice to ensure you are able to cancel your subscription if you no longer wish to use it.

4.2 Failure of Autopay: If for any reason the Service is unable to automatically process your payment, you are responsible for ensuring that payment is made before leaving the car park.

  1. Payment and Billing

5.1 Payment Processing: All payments will be processed automatically using your registered payment card. If your payment card is declined, we will notify you, and you will be required to provide alternative payment before you can use the Service again.

5.2 Receipts: You will receive an email receipt for each transaction processed by the Service. These receipts will also be available to download from your account.

5.3 Card Updates: You must ensure that your payment card details are kept up-to-date. If your card expires or becomes invalid, you must update your payment information promptly to avoid disruption to the Service.

  1. User Responsibilities

6.1 Accuracy of Information: You are responsible for ensuring that the information provided during registration (e.g., vehicle registration number, payment details) is accurate and up-to-date.

6.2 Compliance with Parking Rules: You must comply with all applicable parking terms and conditions displayed at the car park.

6.3 Liability for Fees: You are responsible for all parking fees incurred by vehicles registered to your account.

  1. Cancellations and Termination

7.1 Cancellation by You: You may cancel your subscription at any time by logging into your account and following the cancellation instructions. Your cancellation will take effect immediately, any outstanding charges will be collected and no further charges will be applied.

7.2 Suspension or Termination by Us: We reserve the right to suspend or terminate your use of the Service at our discretion if you breach these Terms, fail to make payment, or misuse the Service in any way.

7.3 Outstanding Payments: Upon termination of your account, you are responsible for settling any outstanding payments due for parking fees incurred before termination.

  1. Liability and Disclaimers

8.1 Service Availability: While we strive to ensure that the Service is available at all times, we do not guarantee uninterrupted or error-free operation. We are not liable for any loss or inconvenience caused by temporary interruptions to the Service.

8.2 Errors in Charges: If you believe that an error has occurred in relation to any parking charges, you must notify us within 30 days of the transaction. We will investigate and rectify any confirmed errors.

8.3 Limitation of Liability: To the maximum extent permitted by law, we will not be liable for any indirect, incidental, or consequential damages arising from your use of the Service, including but not limited to lost profits, business interruption, or loss of data.

  1. Privacy and Data Protection

9.1 Personal Information: By using the Service, you agree that we may collect and use your personal information, including your vehicle registration and payment details, in accordance with our Privacy Policy.

9.2 Data Sharing: We may share your data with third-party service providers for the purposes of processing payments and operating the Service. We will not share your personal information with third parties for marketing purposes without your consent.

  1. Changes to the Terms

We reserve the right to modify these Terms at any time. Any changes will be posted on our website or app, and you will be notified via email or other communication methods. Continued use of the Service after such changes will constitute acceptance of the updated Terms.

  1. Governing Law

These Terms are governed by and construed in accordance with the laws of United Kingdom.

  1. Contact Us

If you have any questions or concerns about these Terms or the Service, please contact us at:

Apex Parking Ltd

[email protected]

 

Terms and Conditions for Pre-Book Parking Product

Last Updated: September 2024

These terms and conditions govern the use of the pre-book parking service provided by Apex Parking for entry to and use of the Prince Street car park, Bristol. By creating an account and booking parking sessions through our service, you agree to comply with and be bound by the following terms and conditions.

  1. Definitions

“Company” refers to Apex Parking Ltd

“Service” refers to the pre-book parking system allowing users to book parking spaces in advance.

“User” refers to the person or entity creating an account and using the Service.

“Car Park” refers to Prince Street car park, Bristol.

“Booking Period” refers to the specific time and date for which the User has reserved a parking space.

“Booking Confirmation” refers to the email or electronic message sent to the User after successful booking, detailing their parking session.

“Pre-booking” refers to the action of reserving a parking session in advance through the Service.

“Entry/Exit Mechanism” refers to the system used for access to and exit from the Car Park, which may include barrier gates, QR codes, or license plate recognition technology.

  1. Eligibility

2.1 To use the Service, you must:

  • Be at least 18 years old.
  • Register an account with accurate personal and vehicle information.
  • Agree to these terms and conditions.
  1. Account Registration

3.1 Users must create an account through our website or mobile app to use the Service.

3.2 Users are responsible for maintaining the confidentiality of their login information and all activities that occur under their account.

3.3 Apex Parking Ltd reserves the right to suspend or terminate accounts if fraudulent or unauthorized activities are detected.

  1. Booking and Payment

4.1 All parking sessions must be pre-booked and prepaid through the Service. Payment is processed at the point of booking.

4.2 Users must provide a valid payment method, and payment is required in full before the booking is confirmed.

4.3 Once a booking is confirmed, a Booking Confirmation will be sent to the User via email or mobile notification, containing details such as the parking location, booking period, and reference number.

4.4 The User is responsible for ensuring the accuracy of all booking details before completing the transaction.

  1. Parking Session

5.1 The User may enter and exit the Car Park within the specified Booking Period, as confirmed in the Booking Confirmation.

5.2 Access to the Car Park will be granted through the Entry/Exit Mechanism, such as a QR code, booking reference, or automatic license plate recognition. It is the User’s responsibility to ensure they have access to this information.

5.3 Users must vacate the parking space by the end of their Booking Period. Overstays may incur additional charges.

5.4 The pre-booked parking session only guarantees entry and exit during the specified period and does not guarantee a specific parking space.

  1. Overstay Charges

6.1 If the User overstays beyond the Booking Period, additional fees may apply. These fees will be calculated based on the standard hourly rate for the car park.

6.1 The Company reserves the right to charge the User’s registered payment method for any overstay charges incurred.

  1. Cancellations and Amendments

7.1 Users may cancel or amend their booking up to [number] hours before the start of the Booking Period, subject to the Company’s cancellation policy.

7.2 No refunds or amendments will be permitted after the Booking Period has started.

7.3 Cancellations may be subject to a processing fee as outlined on the Service platform.

  1. Vehicle and Personal Safety

8.1 Users are responsible for ensuring their vehicle is securely locked and that no valuables are left inside.

8.2 Apex Parking Ltd is not liable for any loss or damage to vehicles or personal property while using the Car Park, unless caused by negligence or breach of these terms by the Company.

  1. Liability

9.1 The Company will not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profit, arising out of the use of the Service or Car Park.

9.2 The maximum liability of the Company in connection with any claim arising from the use of the Service or the Car Park shall not exceed the total amount paid by the User for the parking session.

  1. Force Majeure

10.1 The Company shall not be liable for any failure to perform or delays in performing its obligations if such failure or delay arises from events beyond its reasonable control, including but not limited to natural disasters, strikes, or technical failures.

  1. Prohibited Uses

11.1 The Car Park may only be used for parking vehicles that are roadworthy and insured.

11.2 The Car Park must not be used for activities such as trading, repairing vehicles, or overnight camping.

11.3 Vehicles exceeding the size or weight limits specified for the Car Park are prohibited.

  1. Privacy and Data Protection

12.1 Personal Information: By using the Service, you agree that we may collect and use your personal information, including your vehicle registration and payment details, in accordance with our Privacy Policy.

12.2 Data Sharing: We may share your data with third-party service providers for the purposes of processing payments and operating the Service. We will not share your personal information with third parties for marketing purposes without your consent.

  1. Termination of Service

The Company reserves the right to suspend or terminate a User’s access to the Service without notice for violation of these terms or misuse of the Car Park.

Users may terminate their account at any time by notifying the Company in writing.

  1. Changes to the Terms

The Company reserves the right to modify or update these terms and conditions at any time. Any changes will be communicated to Users and posted on the Company’s website.

Continued use of the Service following any updates constitutes acceptance of the revised terms.

  1. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of [Country/Region]. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of United Kingdom.

For any questions or concerns regarding these terms and conditions, please contact us at [email protected]

By using the pre-book parking service, you confirm that you have read, understood, and agree to abide by these terms and conditions.

 

Season Ticket Term’s & Conditions

Introduction

We are Apex Parking Limited, a company registered in England and Wales under number 13312680.  Our registered office is at C/O Hilton Consulting Studio 133, Canalot Studios, 222 Kensal Road, London, United Kingdom, W10 5BN.  Our VAT registration number is GB 392 7407 72. We are a member of the International Parking Community.  We subscribe to the International Parking Community Code of Professional Conduct.

Please read these terms and conditions carefully as they form the basis of the contract between us for the purchase and use of a Season Ticket.  They do not affect your statutory rights.

We may revise or update these terms and conditions at any time without notice.  The current version of these terms and conditions can be found on our web site at www.apex-parking.co.uk.

Definitions and interpretation

In these terms and conditions:

unless the context otherwise requires, the following definitions apply:

Application Form” has the meaning given to that term in clause 6.1;

“Car Park” means the car park set out in item 1 of the Application Form;

“Commencement Date” means the Commencement Date set out in item 5 of the Application Form;

“Contract” has the meaning given to that term in clause 6.8;

Initial Parking Period” means the period commencing on the Commencement Date and ending on the Termination Date;

Monthly Renewal Period” means a period of one calendar month, the first such period commencing on the day after the Termination Date;

Season Ticket” means a permit virtual or physical allowing you to park in the Car Park;

Termination Date” means the Termination Date to be set out in item 5 of the Application Form;

you” means the party referred to in item 3A or 3B of the Application Form;

words importing the singular shall include the plural and vice versa, words importing a gender shall include all genders and words importing persons shall include bodies corporate, unincorporated associations and partnerships;

any reference to a statute, statutory provision or subordinate legislation is a reference to such legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation;

references to clauses are references to clauses of these terms and conditions; and

headings are included for ease of reference only and shall not affect the interpretation or construction of these terms and conditions.

Dealings between you and us

These are the terms and conditions (as revised or updated from time to time in accordance with clause 1.3) upon which we are willing to provide you with Season Tickets and they will apply to all dealings between you and us in respect of each Season Ticket to the exclusion of all other terms and conditions (including any terms and conditions which you may purport to apply under any purchase order, confirmation of order or similar document).

Your status

By submitting an order for a Season Ticket you confirm that you are at least 18 years of age and are legally capable of entering into legally binding contracts.

Quotations

All quotations and offers we make to you about the provision of Season Tickets are subject to these terms and conditions.

All quotations and offers we make to you are made on an “invitation to treat” basis only. This means that we are not obliged to provide you with Season Tickets on the terms stated in the quotation or offer until, and only to the extent that, those terms are agreed as part of a binding contract. Please see clause 6.8 for details of how a binding contract is made between you and us.

Applying for a Season Ticket

To place an order with us for the purchase of a Season Ticket an application form must be completed and submitted to us (“Application Form“).

If you wish to apply for a Season Ticket online you need to complete and submit the online Application Form on our web site. Details of how to complete and submit the online Application Form on our web site can be found at www.apex-parking.co.uk

If you wish to apply for a Season Ticket by post, either: (i) you need to download and print the online Application Form from our web site; or (ii) we may post or email the Application Form to you; or (iii) you may obtain an Application Form from one of our car parks. You then need to complete it and send it to us in accordance with the instructions on our web site or any other instructions we give to you.

If you wish to apply for a Season Ticket by telephone one of our telephone sales assistants will complete and submit the Application Form on your behalf.

If you wish to apply for a Season Ticket in person we will provide you with the Application Form, which you can then complete and submit to one of our sales assistants in person.

If an order is completed and submitted to us online or by post or completed by telephone we accept that order at the time we send the Season Ticket to your address.

If an order is completed and submitted to us in person to one of our sales assistants, we accept that order at the time we send the Season Ticket to your address or at the time we give the Season Ticket to you in person.

It is at the moment we accept your order that a contract is made between you and us for the purchase and use by you of the Season Ticket (“Contract”). Each Contract is subject to these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions which you may purport to apply under any purchase order, confirmation of order or similar document).

All orders that you place and all confirmations of orders that we give are subject to the provisions of these terms and conditions.  If there is any inconsistency between these terms and conditions and any order you place or confirmation we give then these terms and conditions shall prevail.

You may cancel or modify an order at any time before we accept it.

Subject to clauses 7 and 11, you may not cancel or modify an order that we have accepted.

All our Contracts are concluded in English. Depending on how you apply for a Season Ticket, it may be the case that the Contract for such Season Ticket will not be filed by us nor be accessible to you.

If you submit your order by post, online or by telephone, we will send your Season Ticket to you by post or arrange for you to collect it from us.

Term of your Season Ticket

Your Season Ticket shall commence on the Commencement Date and shall continue for the duration of the Initial Parking Period.

Your Season Ticket shall automatically renew at the end of the Initial Parking Period for a Monthly Renewal Period unless it is cancelled in accordance with the terms of clause 15.

Your Season Ticket shall automatically renew at the end of each Monthly Renewal Period for a further Monthly Renewal Period unless and until it is cancelled in accordance with the terms of clause 15.

You Season Ticket and your use of the Car Park

Your Season Ticket permits you to park one vehicle in the Car Park in the spaces referred to in item 6 of the Application Form at any one time.  Once you have used your Season Ticket to remove a vehicle from the Car Park, you cannot use it to remove another vehicle.

Your Season Ticket does not guarantee that there will be a dedicated space for your vehicle in the Car Park.

If you lose or fail to present your Season Ticket required to be presented upon leaving the Car Park, you will be charged the full 24 hourly fee rate for each 24 hour period or part thereof that your vehicle remains in the Car Park.

You shall comply with all the terms and conditions that apply to your use of the Car Park as set out on any notices or signs at the Car Park.

Any damaged caused by you or by someone using your season ticket or car park bay/area that may be demised to you by Apex Parking you will liable for costs / repairs to the area in question.

Consumers

If you are a consumer and your order is completed online, by post or by telephone, then you may cancel a Contract at any time within seven days (excluding Saturdays, Sundays and bank holidays) of the day after you received your Season Ticket.  If you decide to cancel a Contract within this period, you shall receive a refund of the price paid by you for your Season Ticket, less a proportionate charge for the period during which the Season Ticket was valid (i.e. the period between the Commencement Date and the date of cancellation). To cancel a Contract, you must inform us in writing at Apex Parking, 1 Quality Court, Chancery Lane, WC2A 1HR and return the Season Ticket to us immediately, in the same condition in which you received it and at your own cost and risk. This right to a refund does not affect your statutory rights.

Risk and ownership

We own all Season Tickets that you order from us.  You will be entitled to use the Season Ticket for the sole purpose of parking your vehicle in the Car Park during the Initial Parking Period and each Monthly Renewal Period that you have paid for in full in accordance with these terms and conditions. The Season Ticket will be at your risk from the date on which we send or give it to you (as applicable).

Price

If you wish to purchase a Season Ticket, the price payable by you for the Season Ticket (including the price payable for the Initial Parking Period and the price payable for each Monthly Renewal Period) and any and all deposits, administration fees and delivery fees shall be as set out on our web site (as may be varied by us from time to time) or as otherwise notified by us to you.  All prices quoted shall be inclusive of VAT.

If you are an existing Season Ticket holder, we may increase our prices from time to time with effect from the end of the Initial Parking Period. Each increase will apply from the start of the calendar month following the date on which we notify you of the increase.  We will notify you by post or email of any price increases.

Payment and payment methods

We will invoice you for all fees either by post or by email.

We will charge you and you must reimburse us for any duty, value added tax and/or other sales taxes and/or any customs, import or export duties we are liable to pay on any Season Tickets we provide to you.

You may pay any and all amounts due to us by direct debit, debit card, credit card, bank transfer or standing order.

If you wish to pay any amount due to us by credit card then we may charge you a credit card administration fee equal to 2.5% of the amount due.

The Season Ticket will not be issued to you or activated until we have received in cleared funds all fees due to us in respect of the Initial Parking Period.  You must pay all amounts due to us in respect of each Monthly Renewal Period prior to the first day of that Monthly Renewal Period or as stated and agreed in the Application Form.

All payments you make must be in pounds sterling.

You must make all payments due to us without any deduction by way of set-off, counterclaim, discount, abatement or otherwise.

If you fail to pay us on time we may, amongst other things:

charge you interest on the outstanding amount at the rate of 5% above Barclays Bank Plc’s base rate from time to time, accruing on a daily basis until payment is made in full; and/or

cancel the Season Ticket.

Cancellation and termination

Subject to clause 11, you cannot cancel a Season Ticket during the Initial Parking Period.  If you wish to cancel a Season Ticket at the end of the Initial Parking Period or at the end of a Monthly Renewal Period you must give at least one (1) month notice before the start of the next Monthly Renewal Period of such cancellation, otherwise your Season Ticket will renew for another Monthly Renewal Period, and you will be liable to pay the price payable for that Monthly Renewal Period.

We may terminate a Contract and cancel a Season Ticket at the end of the Initial Parking Period by giving you at least 1 months’ notice of such termination.

We may terminate a Contract and cancel a Season Ticket at the end of a Monthly Renewal Period by giving you at least 7 days’ notice of such termination.

We may terminate a Contract and cancel a Season Ticket at any time on notice to you if you breach these terms and conditions.

We may terminate a Contract and cancel a Season Ticket at any time on notice to you should part or all of the Car Park close and you do not accept an alternative car park that we suggest.  We will try to give you at least 1 months’ notice of such termination although you appreciate that the notice period may be shorter where 1 months’ notice is not reasonably possible.

Replacement Season Tickets

Should your Season Ticket be stolen, lost or damaged, you must pay the then current season ticket replacement fee to replace the Season Ticket.  The season ticket replacement fees, as may be varied from time to time, can be found on our web site.

Our liability to you

The warranties and conditions stated in these terms and conditions are in lieu of all other conditions, warranties or other terms that might be implied into or incorporated into these terms and conditions or any Contract whether by statute, common law or otherwise, all of which are hereby excluded to the extent permitted by law.

Our liability to you is limited and we will only be liable to you as set out in this clause 17.

Nothing in these terms and conditions or any Contract shall limit our liability for any death or personal injury arising from our negligence or for any other liability which cannot be lawfully limited or excluded.

We shall be liable for direct loss of or damage to your property which arises as a result of our negligence.

In respect of these terms and conditions and each Contract, if 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:

loss which was not foreseeable to you and 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);

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);

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.

In respect of these terms and conditions and each Contract, if 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:

loss of profit, which arises out of or in connection with the Contract;

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

any liability incurred by you to any other person for any loss, claim for damages or awards howsoever arising.

Save as set out in clauses 18.3 and 18.4, our maximum aggregate liability to you arising out of or in connection with each Contract, whether in contract, tort, negligence or otherwise, shall in no event exceed £100.

Assignment

You must not assign, dispose of or delegate any of your rights of obligations under these terms and conditions or any Contract without our prior written consent.

Both you and we shall in all cases act as principal in respect of these terms and conditions and each Contract and will be responsible and liable for the acts and omissions of our respective employees and sub-contractors.

General

We will not be liable to you for any breach of our obligations under these terms and conditions or any Contract to the extent that the breach is due to circumstances beyond our reasonable control, which shall include, without limitation, wars, acts of terrorism, labour disputes, shortages of materials or labour and problems with our sub-contractors.

No third party (which term includes your end customers) shall have any rights under or in connection with these terms and conditions or any Contract by virtue of the Contracts (Rights of Third Parties) Act 1999.

If at any time any provision of these terms and conditions or any Contract is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision, or the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these terms and conditions or any Contract.

Any failure by us to enforce at any time any term or condition under these terms and conditions or any Contract shall not be considered a waiver of our right thereafter to enforce each and every term and condition of these terms and conditions and any Contract.

Any variation to a Contract will only be effective if the variation is recorded in writing and signed by an authorised representative of you and us. The variation will take effect from the date of last signature.

These terms and conditions, each Contract and all related non-contractual obligations are governed by and shall be construed in accordance with English law.  If you are contracting as a business and you and we hereby submit to the exclusive jurisdiction of the English courts in respect of the same.

Contacting us

To contact us please telephone us on 0330 133 5907 or email us at [email protected].

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