Terms & Conditions

1.THESE TERMS

 

1.1. What these terms cover. These are the terms and conditions which apply to your use of our website YourParkingSpace.co.uk (our Site) and the YourParkingSpace app (our App), and any use you make of the services available through our Site or our App (our Online Service).

 

1.2. Why you should read these terms. Please read these terms carefully before you use our Site or our App, and before your pay to park, or list your parking space using our Online Service. These terms:

  • Tell you who we are, and explain the relationship between the different individuals and businesses that use our Online Service;
  • Tell you how the Online Service works, and how you can use the Online Service to pay to park, or to list a parking space; and
  • tell you how contracts are formed through the Online Service, what to do if there is a problem and other important information.

 

2. INFORMATION ABOUT US AND HOW TO CONTACT US

 

2.1. Who we are . We are YourParkingSpace Limited, a company registered in England and Wales. Our company registration number is 08670309 and our registered address is at Level 39 1 Canada Square, London E14 5AB. Our registered VAT number is GB 196224981.

 

2.2. How to contact us. You can contact us by writing to us at [email protected] or at Level 39 1 Canada Square, London E14 5AB.

 

2.3. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

 

3. ROLES AND LEGAL RELATIONSHIPS

 

3.1 Using the Site and the App. If you visit our Site or use our App, whether or not you pay to park or advertise a parking space using the Online Service, and whether you register with us or not, you are allowed to do so provided you comply with the Terms of Use set out here.

 

3.2. Privacy Policy. Our Privacy Policy, which is set out here , applies to you if you visit our Site or use our App.

 

3.3. Our Online Service. Our Online Service allows individuals and businesses that have available parking spaces to advertise the parking spaces, and to enter into agreements allowing individuals to pay to park at the parking spaces.

 

3.4. The Parking Contract. If you use our Online Service to pay to park at one of the advertised parking spaces, the Online Service allows you to form a parking contract between you and the owner of the parking space (a Parking Contract). The terms of the Parking Contract are set out here.

 

3.5. Drivers. We refer in these terms to individuals who pay to park as Drivers, even if the person who pays to allow a vehicle to be parked in a parking space is not in fact the driver of that vehicle.

 

3.6. Advertising a parking space. If you use our Online Service to advertise your parking space for rental, the terms that apply to this arrangement are set out here.

 

3.7. Space Owners. We refer in these terms to individuals or businesses who advertise parking spaces using the Online Service as Space Owners, and we make a distinction between individuals who use the Online Service to advertise parking spaces situated at private property not used in the course of business ( Private Space Owners), and individuals or businesses who use the Online Service to advertise parking spaces situated at business premises, including dedicated car parks or car parks associated to other businesses such as shops or offices ( Commercial Space Owners).

 

4. OUR ONLINE SERVICE

 

4.1. Provision of the Online Service. The Online Services will comply in all material respects with the description of those services in these terms, as amended by us from time to time.

 

4.2. Availability of the Online Service. We will use reasonable endeavours to make the Online Service available through the Site and the App, but do not warrant that access to the Online Service, the Site or the App will be uninterrupted or error-free.

 

4.3. Suspension or withdrawal of the Online Service . We may suspend or withdraw or restrict the availability of all or any part of our Site, our App or the Online Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. Suspension or withdrawal of the Online Service will not affect any Parking Contract which you have formed as a Driver with a Space Owner, or which you have formed as a Space Owner with a Driver.

 

4.4. The parking spaces. Whilst we endeavour to ensure that parking spaces listed through the Online Service are of a high quality, we offer no guarantee as to any parking space's suitability for the Driver’s requirements. Similarly, we rely on the Space Owner for details about a Parking Space given on the Site or the App and whilst we use reasonable efforts to verify the accuracy of such information we offer no warranty in relation to these details.

 

4.5. Availability of the parking spaces. We will reserve any parking space booked through the Online Service based on the availability information provided to us by the Space Owner. However, we do not warrant the availability of any parking space, whether booked with a Private Space Owner or a Commercial Space Owner – please see the relevant sections below in the case of a problem with a booking with a Private Space Owner, and in the case of a problem with a booking with a Commercial Space Owner.

 

5. YOUR ACCOUNT

 

5.1. Registering as a Driver. If you want to use the Online Service to pay to park, you will need to register with us as a Driver. In order to register as a Driver you will need to provide the information requested during the registration process, which will include:

  • full name;
  • mobile number;
  • valid email address; and
  • vehicle registration number for any vehicle or vehicles that you want to be able to pay to park.

 

We may also require additional information from time to time.

 

5.2. Registering as a Private Space Owner. If you want to use the Online Service to advertise a parking space, you will need to register with us as a Space Owner. In order to register as a Space Owner you will need to provide the information requested during the registration process, which will include:

  • full name;
  • mobile number;
  • valid email address;
  • address for each relevant parking space;
  • parking space listing information, including but not limited to the requirement of a parking permit or allocated bay number; and
  • bank account, PayPal, credit or debit card details to enable us to make payments to you.

We may also require additional information from time to time.

 

5.3. Password and security. You will be asked to create a password when registering. You are required to ensure that the password is kept confidential and is not disclosed to any third party. If you reveal your password to a third party and they then access the Site and the App they will be deemed to be acting as an agent for you. We will not be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password and is using your account without authorisation from you, please reset your password immediately or notify us and we will close your account at our discretion.

 

5.4. Use of the account. You agree that you will not:

  • 5.4.1create any false account in connection with the Online Service or use your account for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings, fraudulent listings or money laundering;
  • 5.4.2. use the Online Service or deal with other users of the Online Service in any way which could be deemed to be harmful to our business or reputation, or do anything which might adversely affect our relationship with a Space Owner or a Driver; or
  • 5.4.3 solicit or perform services for, or induce or attempt to induce, any customer, supplier, licensee or business relation of us, or any Driver or Space Owner, through any communication including written and oral communication made by yourself or a third party to enter into any arrangement relating to parking other than through use of the Online Service.

5.5. Suspension or closure of account. We may suspend or close your account at any time if you are in breach of any of these terms or any term of a Parking Contract (either as a Driver or a Space Owner). We may also suspend or close your account if you do anything to put our goodwill or reputation at risk. If we suspend or close your account you will not be able to use the Online Service any longer and may not be able to access all areas of the Website and the App.

 

5.6. Your personal information. We will use your personal information in accordance with our Privacy Policy, which is set out here , for purposes including communicating with you about the bookings and/or listings you make. You grant us the right to communicate with you in any channel or method we choose, including but not limited to, email, phone, text message or any social media platform

 

5.7. Inaccurate contact details. If you do not provide accurate contact information, you may not receive a booking/listing confirmation or other information from us about your booking/listing or your account. We are not responsible if you fail to receive communications in these circumstances, and if you become aware that you have supplied inaccurate contact information, please contact us immediately to correct the information we hold about you.

 

5.8. Automatic email filing. Some email providers may direct emails from us, including booking/listing confirmations and other communications about your booking/listing or your account, into your 'Junk' or 'Promotions' folder, or any other folder that may not be your inbox. We are not responsible if you fail to receive communications in these circumstances, and we recommend that you check your email settings to add us to your 'Permitted Senders' list, and also check your 'Junk' / 'Promotions' folders periodically, and in any event if you have not received a communication which you expect to receive from us.

 

6. PAYING TO PARK

 

6.1. What this section covers. The terms in this section only apply to you if you use the Online Service to pay to park at a parking space. If you happen to use the Online Service both to pay to park, and also to advertise a parking space that you own, the terms in this section apply to you in your role as a Driver only.

 

6.2. The Parking Contract. If you want to pay to park at one of the parking spaces we advertise, provided you have registered with us and have a valid account, you can use the Online Service to enter into a Parking Contract with the relevant Space Owner. The Parking Contract is a separate agreement between you and the relevant Space Owner, and the terms of the Parking Contract are set out here .

 

6.3. How the Parking Contract is formed. We are authorised by the Space Owners to enter into Parking Contracts, acting on their behalf, with Drivers through the Online Service. By completing the booking form using our Online Service, you enter into a contract with the relevant Space Owner on the terms of the Parking Contract, as set out here . We will immediately accept your booking on behalf of the Space Owner, at which point the Parking Contract between you and the Space Owner will be formed.

 

6.4. Making your payment. When you pay to park using the Online Service, we collect the payment acting for the relevant Space Owner. The price advertised on the Online Service also includes the fee that we charge the Driver for providing the Online Service. You agree that we may issue you with invoices and receipts in electronic format by email or other method.

 

6.5. If you want to cancel a booking. If you want to cancel a booking you have made, you should cancel the booking from within your account or contact us by email at [email protected] to request the cancellation. Please see the section of the Parking Contract that sets out the cancellation policy for further information on how much notice you must give us and the circumstances where a refund is due.

 

6.6. If we or the Space Owner want to cancel a booking. We may cancel a booking, on our own behalf or acting on behalf of the Space Owner whether before or after the parking period has started. Please see the section of the Parking Contract that sets out the cancellation policy for further information on how much notice we will give you, and the circumstances where a refund is due.

 

6.7. Refunds. Any refunds due in the event of cancellation will be returned to the same payment method used for your booking. In the event the account of original payment has been closed, we will require evidence of the closed account in order to process a refund to an alternative account.

 

7. PARKING WITH A PRIVATE SPACE OWNER

 

7.1. What this section covers. The terms in this section only apply to you if you use the Online Service to pay to park at a parking space owned by a Private Space Owner. A Private Space Owner is an individual who uses the Online Service to advertise a parking space.

 

7.2. If there is a problem with your short term (hourly/daily) booking. If you have paid to park at a parking space made available by a Private Space Owner, you (or the driver of the vehicle in respect of which you have made the booking) should inspect the parking space on arrival and ensure that it meets the description on our Site and our App. If it does not reasonably match the description on the Site and the App, you should contact us by email at [email protected] as soon as possible, providing a description of the issue. Provided you contact us within 48 hours of the time when the parking session is due to start, we will provide you with a suitable alternative or a full refund.

 

7.3. If there is a problem with your long term (rolling monthly) booking. If you have paid to park at a parking space made available by a Private Space Owner, you (or the driver of the vehicle in respect of which you have made the booking) should inspect the parking space on arrival and ensure that it meets the description on our Site and our App. If it does not reasonably match the description on the Site and the App, you should contact us by email at [email protected] as soon as possible, providing a description of the issue. Provided you contact us within 48 hours of the time when the parking session is due to start, we will provide you with a suitable alternative or a full refund less the cost of the days during the parking session until the day on which you notify us of the issue.

 

7.4. Renewing your booking. By using the Online Service to pay for parking with a Private Space Owner, you acknowledge that we have introduced you to that Private Space Owner – if you want to renew with that Private Space Owner you must do so through the Online Service, and if you enter into a new arrangement with the same Private Space Owner relating to use of the parking space at any time within six months after the end of the Parking Contract, we may charge you an amount equal to the payment that would have been due to us of you had entered into a Parking Contract for those arrangements using our Online Service.

 

8. PARKING WITH A COMMERCIAL SPACE OWNER

 

8.1. What this section covers. The terms in this section only apply to you if you use the Online Service to pay to park at a parking space owned by a Commercial Space Owner. A Commercial Space Owner is an individual or business who uses the Online Service to advertise parking spaces situated at business premises, including dedicated car parks or car parks associated to other businesses such as shops or offices.

 

8.2. If here is a problem. If you have paid to park at a parking space made available by a Commercial Space Owner, and any issue with the availability of the parking space arises during the parking period, or if you (or the driver of the vehicle in respect of which you have made the booking) become aware of any issue with the parking space that means that it does not reasonably match the description on the Online Service, you should contact us by email at [email protected] as soon as possible, providing a description of the issue. We will provide you with a suitable alternative parking space.

8.3. Parking spaces subject to availability. Please note that any parking space booked with a Commercial Space Owner is subject to availability, and if no parking space is available at the car park of the relevant Commercial Space Owner at any time when you have paid to park, the Commercial Space Owner will not be liable to you, and our liability to you will be to provide a suitable alternative parking space as described above.

 

9. LISTING A PARKING SPACE

 

9.1. What this section covers. The terms in this section only apply to you if you advertise a parking space using the Online Service. If you happen to use the Online Service both to pay to park and also to advertise a parking space that you own, the terms in this section apply to you in your role as a Space Owner only.

 

9.2. How your contract with us is formed. If you want to advertise the availability of a parking space, provided you have registered with us and have a valid account, you can use the Online Service to list the parking space on our Site and our App, and to enter into a Parking Contract with any Driver that has also registered with us and has a valid account. By completing the parking space listing form using our Online Service, unless you have entered into a separate contract in writing with us that takes precedence over these terms, you offer to enter into a contract with us on the basis of these terms. If we accept your application to list a parking space, the contract between you and us will be formed on the basis of these terms.

 

9.3. The Parking Contract. The Parking Contract is a separate agreement between you and the relevant Driver, and the terms of the Parking Contract are set out here .

 

9.4. How the Parking Contract is formed. By completing the listing process using the Online Service, you authorise us to act on your behalf by forming binding contracts with Drivers who pay to park at your parking space through use of the Online Service. When we receive a booking application from a Driver placed through our Online Service to park at the parking space you have listed, we will accept this automatically in line with your specified availability. When we accept the Driver's application, the Parking Contract between you and the Driver will be formed.

9.5. Listing a parking space. By completing the listing process using the Online Service you authorise us, on your behalf, to:

  • 9.5.1. advertise your parking space on the Site and the App and provide information to Drivers who may wish to use the parking space;
  • 9.5.2. collect, accept and hold payments for parking from the Drivers;
  • 9.5.3. transfer the payments received from Drivers to you after deducting our uplift added on top of the Space Owner's set price. We will send payment of earnings to you that we have received from the Driver on the first business day of the following month to the booking start date. Long term bookings will receive payment on a pro rata basis. Short term bookings will receive payment in full where a booking is completed before the end of the payment period. If a booking runs into the next month, payment will be made to you in the month following the completion date;
  • 9.5.4. make payment of any refund due to a Driver in accordance with the Parking Contract, and to collect payment from you in respect of such refund deducting amounts that are due in respect of refunds from amounts which we would otherwise be due to pay to you;
  • 9.5.5. process all transactions using your account and the payment details that you provide to us, without the requirement to check that you have authorised such transactions;
  • 9.5.6. issue you with invoices and receipts in electronic format by email or other method
  • 9.5.7. cancel any upcoming short-term bookings in order to accept a long-term booking at our discretion;
  • 9.5.8. refer to you or your parking space at any time in the future to publicise ourselves or our Site/App; and
  • 9.5.9. send promotional materials to Drivers and provide such information about your parking space as we may deem appropriate.
  • If you breach these terms or the terms of the Parking Contract, we may withhold payments we have received from Drivers at any point during the booking in order to compensate for the breach or defect.

 

9.6. Information required for the listing. You will be required to complete your own listing for the Site and the App. As the Space Owner you agree to include all relevant information about your parking space requested in the listing process, including.

  • 9.6.1. the address of the Parking Space;
  • 9.6.2. any restrictions on the types of vehicles for which the Parking Space is suitable;
  • 9.6.3. other information or restrictions which apply to the parking space which a Driver should be aware of before booking the parking space including, for example, the requirement of a parking permit and allocated bay numbers;
  • 9.6.4. the rates and parking periods available (what times and days are available, whether daily and/or monthly bookings are available);
  • 9.6.5. your name, address, email and mobile number;
  • and you must provide us with any other information or clarifications relating to you or the Parking Space that we may reasonably request at any time.

 

9.7. Your responsibility for the listing – Private Space Owner. If you list your parking space as a Private Space Owner, you are responsible for the accuracy of all information in your listing and any information you provide to us in relation to a booking. You must ensure before any Booking Period that the parking space is in a satisfactory condition and is able to meet the requirements of the Driver under the Parking Contract. We may remove your listing and/or cancel your account if the parking space does not conform to the information you have provided or our standards or we believe you to be in breach of your obligations under these terms.

 

9.8. Your responsibility for the listing – Commercial Space Owner. If you list your parking space as a Commercial Space Owner, in most cases we will prepare the site listing. In these circumstances, we will be responsible for the accuracy of the information in your listing and if there is in any issue with the parking space or the listing, so that the parking space is not in a satisfactory condition to meet the requirements of the Driver under the Parking Contract, we will be responisble for providing any Driver who notifies us of the issue with a suitable alternative parking space, as described above.

 

9.9 Changing a listing. If you want to change your listing, you can do so at any time through your account. However, if you want to change the rates and/or parking periods that are available, the changes will not impact any confirmed bookings. These changes will only apply to any future bookings. If you want to change the rates and/or parking periods that are available on an existing booking, you must provide us with thirty days' notice, after which your changes will come into effect.

 

9.10. Cancelling a listing. If you want to remove your listing, you can do so at any time through your Account by clicking the ‘Disable’ button after which your listing will no longer be available on the Online Service – this will not affect any booking that has already been confirmed. If you would like to close your account, please email this request to [email protected]

 

9.11. Cancelling a booking. If you want to cancel a booking we have accepted on your behalf, you should contact us by email at [email protected] to request the cancellation. Please see the section of the Parking Contract that sets out the cancellation policy for further information on how much notice you must give us and the circumstances where you will be obliged to pay a refund to the Driver.

 

9.12. Private Space Owner restriction. If you are a Private Space Owner:

  • 9.12.1. you agree to use us as your agent for the purposes of advertising the availability of your parking space;
  • 9.12.2. you agree that, if you allow any person who has:
    • previously booked your parking space through our Online Service; or
    • made an enquiry about your parking space through our Online Service (whether or not such person completed a booking); or
    • become aware of your parking space through our Online Service;
  • to park at your parking space, or allow anyone else who is responsible for or entitled to drive the same car as any such person to do so, at any time within six months of the end of the relevant booking period, or within six months of the most recent enquiry or of the time when the person became aware of the parking space through our Online Service, then we may charge that person the fees that would have been due under this agreement as though he or she had parked at your parking space in accordance with this agreement, and we may apply that person's deposit to the satisfaction of the amounts owed.

 

9.13. Space Owner's responsibility for tax. You are responsible for paying all fees and applicable taxes, general services taxes, incomes taxes, goods and services taxes and other similar taxes or other withholding and personal or company incomes taxes in respect of any payments you receive from Drivers in connection with these arrangements in a timely manner.

 

10. PAYMENTS

 

10.1. How we calculate the price to park. The price to park at any given parking space is set by the Space Owner, and the Space Owner is free to change the rates at any time. Price changes will not impact any previously confirmed bookings, unless the space owner chooses to issue a price increase on a current long term booking. In the case of a price increase, the Space Owner must provide us with 30 days’ notice for such change to take effect. The price advertised on the Online Service includes our fee that that we charge on top of the Space Owner's set price for providing the Online Service.

 

10.2. Our charge for the Online Service. Our charge for making the Online Service available is an amount which we charge to the Driver within the price of the parking space. This amount is added to the amount which the Space Owner has set for the price of parking and is included in the price paid for parking by the Driver. Please see the section of the Parking Contract setting out the rates and pricing models for further information on how the price to park is calculated.

 

10.3. VAT. The prices stated on the Online Service for parking and for listing a parking space are inclusive of any applicable VAT.

 

11. CHANGES TO THESE TERMS

 

11.1. Changes to these terms. We may change these terms from time to time without providing advance notice to you, and the version of the terms that will apply to any booking you make will be the version available on our Site when you make your booking.

 

11.2. Changes to the Site, the App and the Online Service. We may change the Site, the App and Online Service from time to time, and version in effect at the time you place your booking will apply until the end of the then current booking.

 

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

 

12.1. Where we cannot exclude liability. We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot be excluded by law.

 

12.2. Where we exclude liability. We use reasonable endeavours to provide the Site, the App and the Online Service in accordance with these terms. However, if you are using the Online Service as a Driver:

  • we do not warrant the accuracy of the information about parking spaces available through the Online Service, and we are not responsible for inaccurate information provided by any Private Space Owner, or for any interaction you have with a Private Space Owner, or for the unavailability of a parking space at the time of your booking – please see the relevant sections if you have a problem with a booking with a Private Space Owner, and if you have a problem with a booking with a Commercial Space Owner;
  • we do not own or operate the parking spaces available through the Online Service, and we are not responsible for any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Online Service, or any booking with a Space Owner to the fullest extent permissible by law.
  •  
  • If you are using the Online Service as a Space Owner:
  • we are not responsible for any personal injury or property damage, of any nature whatsoever, which you suffer in connection with your access to and use of the Online Service, or any booking with a Driver, to the fullest extent permissible by law;
  • we are not responsible for any losses you suffer in connection with any claim brought against you by a Driver, or arising out of any interaction you have with a Driver in connection with a Parking Contract.
  • In whatever role you access our Site or the App, we are not responsible to you for:
  • any interruption or cessation of transmission to or from the Site and the App;
  • any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site or the App by any third party, or for any loss or damage of any kind incurred as a result of your use of the Site, the App or the Online Service, however caused.

 

12.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).

12.4. Interactions with other users of the Online Service. You are solely responsible for all of your communications and interactions with other users of the Site and the App and with other persons with whom you interact as a result of your use of the Online Service.

 

13. HOW WE USE YOUR PERSONAL INFORMATION

 

13.1. Privacy Policy. We will use your personal information in accordance with our Privacy Policy, which is set out here .

 

14. ENDING THESE ARRANGEMENTS

 

14.1. Our right to end these arrangements. If we withdraw the Online Service, or close your account, these arrangements will be brought to end, but the terms of the agreement between you and us, and the terms of any Parking Contract, will continue in full force, so far as they relate to existing bookings or the consequences of any existing booking (including terms relating to payments, refunds, disclaimers, liability and damage).

14.2. Your right to end these arrangements. If you close your account at any time, these arrangements will be brought to end, but the terms of the agreement between you and us, and the terms of any Parking Contract, will continue in full force, so far as they relate to existing bookings or the consequences of any existing booking (including terms relating to payments, refunds, disclaimers, liability and damage).

 

14.3. No new bookings. If you are a Space Owner, from the date on which these arrangements end we will not confirm or accept any new bookings for the parking space, and we will relocate outstanding bookings to the nearest possible site, and or issue a refund, at our discretion.

 

15. OTHER IMPORTANT TERMS

 

15.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. If you have an account with us, we will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

 

15.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

 

15.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

 

15.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5. Even if we delay in enforcing any right under these terms, we can still enforce it later . If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

 

15.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.