In this Agreement the following words shall have the following meanings:
- "The Company" ("We", "Our", "Us") means the IZ & JE Kiss partnership trading as Help-Me-Park. Please note that your contract is with the Company.
- 'Agent' means any individual, group of persons or corporations contracted by Us for the provision of any service related to the driving, parking and secure storage of Vehicles.
- 'Car Park' means a secure site for which We have a lease, licence or appropriate permission to park Vehicles on.
- ‘Consolidator’ means an independently owned and operated company usually with a website on which parking customers can book Our parking services. This transaction is made between you and the Consolidator and is subject to the terms and conditions of the Consolidator’s website.
- ‘Driver' means a driver contracted (whether directly or via an Agent) by Us for the purposes of meeting you and driving your Vehicle to and from the airport and the Car Parks.
- ‘Force Majeure Event’ means any event, circumstance or cause beyond a party’s reasonable control including but not limited to acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, armed conflict, imposition of sanctions, any law or action taken by a government or public authority, collapse of building, fire, explosion or accident or a trade dispute or strike.
- 'Hotel' means any Hotel with which You can enter into a contract with to book Our parking services.
- 'Parking Period' means the period commencing when the keys to the Vehicle are delivered to Us or a Driver and terminating at the time when the keys to the Vehicle are handed back to You or a Hotel.
- 'Vehicle' means a vehicle which is received by Us from You. We do not accept Vehicles:
- larger than a SWB transit van (5.2m in length);
- with any kind of trailer attached;
- that does not have legal tread on each tyre;
- without a valid MOT;
- without fully paid tax;
- without enough fuel to complete at least 20 miles (although most Vehicles will travel a much shorter distance during the Parking Period);
- without manufacturer’s recommended levels of engine oil, engine coolant and water or cleaning fluid in the windscreen washer reservoir; or
- that are in our reasonable opinion in any other way unsafe to drive or in contravention of any road traffic legislation. Examples of features that would render the Vehicle unsafe to drive include but is not limited to a seat that will not move on its runners or an in-operable speedometer. We will have absolute discretion to decide if a Vehicle is unsafe to drive and Our decision will be final.
- 'You' and ‘Your’ is the person, persons (jointly and severally) or company contracting with Us and/or Our authorised Agents for the purpose of parking and securing a space for an agreed Parking Period.
- These are the terms and conditions on which We provide meet and greet airport car parking services to You and will govern the entire relationship between You and Us.
- Please read these terms carefully before You make a booking with Us. These terms tell You who We are, how We will provide the meet and greet airport car parking services to You, how You and We may change or end the contract, what to do if there is a problem and other important information.
- These terms and conditions only apply to bookings made by You directly with Us on Our website, through our telesales operators or to Us by post. Bookings made through Consolidators or Hotels are not subject to these terms and conditions and are subject to the terms and conditions of the Consolidator or Hotel. Your contract will be with the Consolidator or Hotel directly and any queries or cancellations must be made with them.
INFORMATION ABOUT US
- Help-me-park is a trading name of the IZ & JE Kiss partnership, owned by Istvan Zoltan Kiss and Jill Elaine Kiss.
- You can contact Us by telephoning Our customer service team on 01342 844576 or by writing to Us at email@example.com or regarding Your booking firstname.lastname@example.org or our correspondence address is Maple Parking, London Road, Crawley, West Sussex, RH10 9SW. If We have to contact You We will do so by telephone or by writing to You at the email address or postal address You provided to Us when making Your booking. When We use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
- Our acceptance of Your booking made through Our website or by telephone will take place when We send you an email booking confirmation, after we have received payment from you, at which point a contract will come into existence between You and Us.
- If We are unable to accept Your booking, We will inform you of this in writing and We will not charge You for the booking. This might be for any reason at Our discretion including without limitation because of unavailability during the Parking Period You have selected or because of unexpected limits on Our resources which We could not reasonably plan for.
- We will assign You a booking reference number in the booking confirmation when We accept Your order. It will help Us if You can tell Us the booking reference number whenever You contact Us about Your booking. A booking confirmation does not entitle You to any specified parking space or to priority over any other customer.
- The price of the Parking Period being booked by You (which includes VAT) will be the price as told to You over the telephone or on Our website or told to You in the course of email exchanges.
- If the rate of VAT changes between Your booking date and the commencement of the Parking Period, We will adjust the rate of VAT that You pay on any extra costs incurred after the change in the rate of VAT takes effect including but not limited to an extension to the Parking Period. The rate of VAT paid for Your original booking will not be affected.
- Payment for a booking made by telephone or on Our website must be made in full when You place Your booking and can only be made using MasterCard, Visa or American Express.
- If payment by card is declined, We reserve the right to reject Your booking.
- When a booking is made using an overseas credit card the card issuer will debit Your account in Your local currency at the exchange rate applicable on the date of processing. A conversion charge may be applicable.
- Payments made by You to Consolidator websites or Consolidator telesales teams are not subject to these terms and conditions and will be subject to the Consolidators terms and conditions outlined on their websites. Your contract will be with the Consolidator and not with Us.
- Refunds for unused days of a pre-booked Parking Period will only be given if You exercise Your statutory right to cancel under condition 30 after the Parking Period has already begun.
- All parking fees must be paid in full before the Vehicle is returned to You including:
- fees for the Parking Period booked by You;
- fees for the extension of the Parking Period as set by Us from time to time and currently charged by Us at a rate of £10.00 per day;
- any repairs or remedial work to a Vehicle deemed necessary by Us to ensure the safety of the Drivers or the integrity of the Vehicle including the cost of transporting Your Vehicle for such repair; and
- any repairs or remedial work carried out at Your request.
- We shall have the right to retain a Vehicle until such time as all parking fees, set out in condition 27 above, due are paid.
YOUR RIGHT TO MAKE CHANGES
- If You wish to make a change to Your booking please contact Us by calling customer services on 01342 843842 or e-mail us at email@example.com. Please provide details of your name, booking reference number and the dates of Your Parking Period. We will let You know if the change is possible. If it is possible We will let You know about any changes to the price or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change. If We cannot make the change or the consequences of making the change are unacceptable to You, You may want to end the contract (see Your rights to end the contract set out below).
YOUR RIGHTS TO END THE CONTRACT
- For most services ordered online or over the phone or by post you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 calendar days starting from the day after the booking is confirmed to cancel Your booking and receive a full refund.
- You do not have a right to change your mind in respect of services once they have been completed even if the cancellation period is still running. Therefore, if Your Parking Period completes within this 14 day period and You later decide to cancel You will not be entitled to a refund. If you cancel after the Parking Period has started, you must pay us for the services provided up until the time you tell us that you have changed your mind.
- In addition to Your legal right to change Your mind You may cancel Your booking at any time subject to Our cancellation policy set out below:
- Cancellations made up to 24 hours before the start of the Parking Period - Full refund.
- Cancellations made within 24 hours before the start of the Parking Period - no refund.
HOW TO END THE CONTRACT WITH US
- To end the contract with us, please let us know by doing one of the following:
- call customer services on 01342 843842 or e-mail us at firstname.lastname@example.org. Please provide details of your name, booking reference number and the dates of Your Parking Period; or
- complete the model cancellation form which can be found in the Appendix to these terms and conditions and return it to is by e-mail at email@example.com or post it to us at the address on the form.
- All refunds will be made within 14 days of cancellation via the method you used to make payment.
OUR RIGHT TO END THE CONTRACT
- We may end the contract with You at any time by notifying You if:
- You do not make any payment to Us as required under this contract;
- You arrive at the terminal forecourt with an unacceptable Vehicle as described in conditions 9.1 – 9.8 above;
- You arrive outside of Your booked meet time and have not informed Us in advance of any delay;
- You are in any other way in breach of this contract; or
- We are unable to fulfil your booking due to a Force Majeure Event.
- If we end the contract in the situations set out in this condition 35 we will refund any money you have paid in advance but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract in the circumstances set out in condition 35.1 to 35.4.
- We will not be liable for any costs or inconvenience incurred by You, Your family or relations, friends, colleagues or associates, employers or employees in any of the circumstances set out in this condition 35.
IF THERE IS A PROBLEM
- If You have any questions or complaints please contact Us. You can telephone Our customer service team on 01342 844576 or write to Us at Customerservices@help-me-park.co.uk or Unit 11, Cophall Farm Business Park, Effingham Road, Copthorne. RH10 3HZ. Alternatively, please speak to one of Our Drivers.
- If You would like to make a formal complaint You agree to abide by the complaints procedure published at https://www.help-me-park.co.uk/meet-and-greet-at-gatwick-contact.
- Nothing in these terms will affect your legal rights.
PROVISION OF THE SERVICES
- On handing the Vehicle over to a Driver You must:
- securely close all windows of the Vehicle;
- remove all personal property and valuables from the Vehicle;
- hand over only such key(s) and electronic fobs as necessary to lock unlock or start the Vehicle including key blades for use if the electronic fob fails;
- inspect Your Vehicle at the start of the Parking Period;
- ensure the Vehicle conforms with condition 9 above; and
- pass on, in writing at point of Vehicle hand over any details of quirks or foibles of the Vehicle that are not related to the safe operation of the Vehicle including but not limited to in-operable windows, in-operable door locks or handles etc.
- The Driver is authorised by You to have the lawful right to drive or otherwise transport the Vehicle on the public highway. All Drivers are fully insured by Us for this purpose.
- In the absence of any negligence or wilful action or breach of duty by Us the Vehicle will be parked at Your own risk upon Your own personal liability for the term of the Parking Period.
- You agree that the Parking Period begins when the keys to the Vehicle are handed to Us.
- You agree that the Parking Period is terminated when the keys are returned to You by Us.
- For the avoidance of doubt neither Us nor Our Drivers consent to being filmed, recorded or photographed on any device or media without the express written prior consent of Us. All areas of the airport and Our Car Parks are privately owned land.
- You permit Us to keep the Vehicle in Our Car Park for the duration of the agreed Parking Period and give unconditional consent to allow Us to move the Vehicle between alternative Car Park sites during busy periods and also in the event of an accident or an emergency or to avoid an obstruction.
- You agree that any Vehicle check conducted by Our Drivers at the point of handover is a cursory visual Vehicle check and You agree this cursory check is not to be relied upon as a forensic appraisal of every piece of damage Your Vehicle extant at the point of handover.
- You agree and give full consent to allow for the changing of various settings in the Vehicle including, but not limited to: seat positions, mirror positions, radio settings, sat-nav settings, air condition & heating settings, steering column settings and any other setting that may be adjusted to facilitate the safety and comfort of Our staff and/or our appointed Agents while the Vehicle is in Our control and/or the control of Our appointed Agents. No adjustments will be made by Us other than to facilitate the safe conveyance of the Vehicle.
- You agree unconditionally that there is no requirement upon Us and/or Our appointed Agents to return any setting to the position at which it was set prior to the commencement of the Parking Period
MONEY BACK GUARANTEE
- We offer a no waiting money back guarantee on departures and returns. This will be calculated as the total number of days or part days of Your booking multiplied by the variable daily parking rate charged at Your time of booking. We charge a fixed standard rate for the actual collection and return of Your Vehicle.
- We operate a pre-booked appointment based service and do not have permanent staff stationed at the departure and arrival areas but it is our aim to be waiting for You when You arrive at or return to Gatwick Airport. Any guarantee is based on the location of collection or return that is published on Our website, sent to You in confirmation by email or text. This guarantee will be invalid if, when we come to return Your Vehicle to You, Your Vehicle will not start. We carry non-spike jump packs and will endeavour to return Your Vehicle as promptly as we can.
- This guarantee applies to all bookings made directly with Help-me-park on the help-me-park website. It does not apply to any bookings made through any other website, Consolidator, supplier or Hotel.
- On departure, this guarantee is conditional upon Us receiving a telephone call to Our 24/7 mobile contact number, 07716 063663 (also stated in Your confirmation email), 10 minutes before Your arrival at the airport even if You are due to arrive at the airport at Your pre booked departure meeting time.
- We will invalidate the Gatwick airport money back guarantee if:
- extreme weather conditions prevail,
- there is unpredictably heavy local traffic,
- there are security measures in place causing traffic delays,
- You are 15 minutes outside of Your pre-booked meeting time, or
- there are any other matters beyond Our reasonable control affecting the delivery of Our service.
- We will endeavour to stay in touch with You if You are kept waiting at these times and provide ongoing information updates as to the expected time We can meet You.
- If You arrive at the airport unexpectedly for whatever reason You will not be covered by this guarantee and We will endeavour to collect or return Your Vehicle at the earliest opportunity. Please note that We require Your departure drop off time, NOT Your flight take off time and Your return landing date and UK landing time, NOT Your return flight take off date and time.
- We will arrive to collect Your Vehicle no later than 15 minutes after Your scheduled drop off time as specified by you in your booking (Your “Drop Off Time”).
- If you are early for your scheduled Drop Off Time We will do Our utmost to be with You as promptly as possible but will arrive to collect Your Vehicle no later than 15 minutes after Your scheduled Drop Off Time.
- We must have at least 24 hours’ notice to change a scheduled departure/collection time but will make every effort to collect Your Vehicle in circumstances where You are early or delayed.
- We will track Your flight landing time on the Gatwick airport official web site and will base all return scheduling on the information published there.
- We will return Your Vehicle no later than 15 minutes after the time We estimate, based on the information You supply, that You will be on the terminal forecourt to collect Your Vehicle when You return.
- We will require a phone call from You in response to Our standard welcome back return text and accurate information on Your baggage status and location. Any delays due to lost luggage, coffee stops, meals etc. must be communicated and can and will be accommodated at this point.
- We can only wait for 15 minutes at the vehicle collection and return location after the time We estimate You will exit the terminal and if We do not hear from You We will return Your Vehicle to our Car Park. You will then have to wait until We have staff available to be able to return Your Vehicle from our Car Park.
VEHICLE DAMAGE AND REPAIRS
- You are requested to make a thorough check of Your Vehicle when it is returned to You at the airport and a signature from You to say this has been carried out will be required. Any damage claimed to have been caused whilst in Our care should be reported at this time to Our Driver who returns the Vehicle. If You remove the Vehicle from the airport and then report a claim for damage at a later time, then the burden of proof that the damage was caused by a negligent or wilful act by Us will lie on You.
- We will accept liability for loss of or damage to Your Vehicle only when any alleged loss or damage is proven to be caused by the negligence, wilful act or breach of statutory duty of Us, Our servants or Agents.
- We or Our authorised third party Agent(s) will have sole control of the repair of the Vehicle if any damage is alleged to have been caused to Your Vehicle due to the negligence, wilful act or breach of statutory duty of Us, Our servants or Agents and no third party accident management contractor shall be appointed in any circumstances.
- Any Vehicle damaged whilst in Our custody, where such damage is as a direct result of any negligence, wilful act or breach of statutory duty by Us, Our servants and/or Agent(s) and is reported by You on the return of Your Vehicle, may be required to be left with Us for us for repair to be carried out, if repair is required.
- In such circumstances the cost of transporting the Vehicle to Our approved repairers, returning the Vehicle to You once repaired (if applicable) and Your alternative transport from the airport terminal to Your home address (if applicable) will also be met by Us.
- In the event that We accept liability for a minor defect to the Vehicle that remains drivable We will arrange for one of Our pre-approved repairers to contact You directly to carry out the necessary repairs at our expense.
- Where you have not reported alleged loss or damage to Our Driver at the time Your Vehicle was returned to You but instead reported it after Your Vehicle has been returned to You and You have left the airport terminal, or we reasonably dispute the cause of damage, loss or mechanical failure to your vehicle then You:
- must make the Vehicle available for inspection by qualified engineers or other expert(s) appointed by Us within a reasonable time frame, as determined by Us; and
- compensate Us for any and all costs of repair to that Vehicle incurred by Us unless such repairs are accepted and confirmed in writing by Us as caused by the negligence, wilful act or breach of statutory duty of Us, Our servants or Agents.
- You will compensate Us and/or Our authorised third party Agent(s) in full for any and all costs of repairing Your Vehicle to its condition as at the commencement of the Parking Period, that are greater than those demonstrated by Us as being reasonable.
- You shall be liable for and compensate Us in respect of any death, personal injury or damage caused by You or passengers within the control of You whilst on Our premises or in any way arising from a breach of the warranty in the paragraphs below.
- You represent and warrant that:
- Your Vehicle is in a safe and roadworthy condition;
- all engine and other fluids within Your Vehicle are topped up to the required levels as set down by the manufacturer;
- Your Vehicle has a current MOT certificate (if required by law);
- Your Vehicle has been maintained according to the service schedule as laid down by the manufacturer and the service record carries the relevant dates and stamps;
- Your Vehicle contains no dangerous toxic or illegal substances left within the Vehicle; and
- You are the lawful owner and/or keeper of the Vehicle or have the lawful authority to deal with the Vehicle as if You are the lawful owner.
- Should We or Our Agents be made aware that You and/or Your Vehicle do not comply with any of the requirements listed above, We reserve the right not to transport Your Vehicle to or from the airport. In such event, We shall not be liable for any costs that You may incur as a result of you needing to find alternative transport, or any costs that you may otherwise incur as a result of Your Vehicle not being transported by Us.
EXCLUSION OF LIABILITY
- We or Our Agents do not accept any responsibility or liability for any theft, loss or damage to:
- any property or items left within the Vehicle whilst on Our premises (whether during the contracted Parking Period or not). You are reminded that Your motor insurance policy may not cover possessions in Your Vehicle and You should always check what cover You have. You are recommended to remove any items of value from Your Vehicle including but not limited to parking change, mobile phones, sat-navs, mobile phones and other electronic devices, sunglasses etc;
- for any property (including travelling luggage) belonging to You or any person(s) travelling with You either when on Our premises or whilst travelling between Our premises and the airport; and
- tyres or any scuffs or damage to wheels, wheel trims or wheel colour coding, unless such loss or damage is proven to be caused by the negligence, wilful act or default or breach of statutory duty of Us, Our servants or Agents.
- Whilst every reasonable precaution is taken by Us and Our Agents to ensure that Vehicles are returned correctly, neither Us nor Our authorised Agents accept any responsibility for any loss in the event that Your return instructions/receipt for the Vehicle is either lost by You or stolen from You which is subsequently presented to Us by a third party who uses it to fraudulently to take delivery of Your Vehicle.
- We will not accept liability for repair costs or any other cost incurred as a result of quirks or foibles of the Vehicle that we are not informed of as set out in condition 39.6.
- Neither We nor Our authorised Agents accept responsibility for electrical and mechanical faults arising with Your Vehicle, whilst in transit from Gatwick Airport to Our Car Parks, or at any other time nor accept liability for repair costs or any other cost incurred as a result of the mechanical failure of the Vehicle or any component of the Vehicle whilst in normal use including but not limited to coil springs, door handles, mirrors, seats etc.
- We will not accept any liability for any damage to the paintwork or bodywork of the Vehicle or damage to any glass or wheels caused by road conditions or debris nor for any punctures caused as a result of driving on the public highway during normal use for the purposes of conducting the parking contract except when proven to be as a result of the negligence, wilful act or breach of statutory duty of Us, Our servants or Agents.
- We will not accept liability for any loss or costs incurred by You as a result of You arriving late to drop off or pick up Your Vehicle. Any compensation paid in these circumstances will be at Our discretion.
- We will not accept responsibility for any costs incurred as a result of You not providing a key blade for use to access the Vehicle in instances where the electronic key fob fails to operate for any reason.
- Neither We nor Our authorised Agents accept any responsibility or liability for minor dents and scratches to your Vehicle if Your Vehicle was collected when it was dirty or wet or if the light was poor or it was dark, so as to make it impossible to make a reasonable check or take effective photographs of your Vehicle prior to you handing the keys to Us at the start of the Parking Period unless any such damage is proven to be caused by the negligence, wilful act or default or breach of statutory duty of Us, Our servants or Agents.
- We only supply the services for domestic and private use. If You use the services for any commercial, business or re-sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Our maximum liability for any and each claim made under these terms and conditions (whether the claim is brought in contract, tort or otherwise) will be limited to:
- Loss of or damage to vehicles - £70,000
- Loss of or damage to personal property and contents of vehicles - £1,000
- All other liabilities – £5m
- You agree that We have neither liabilities (whether expressed or implied) nor contractual obligations (whether expressed or implied) to You or any third party Agent appointed by You except those set down within the terms of this contract or prescribed by law.
OTHER IMPORTANT TERMS
- We may transfer Our rights and obligations under these terms to another organisation. We will always tell You in writing if this happens during the term of the contract and We will ensure that the transfer will not affect Your rights under the contract. You may only transfer Your rights or Your obligations under these terms to another person if We agree to this in writing.
- This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
- 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.
- 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 this 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.
- These terms are governed by the laws of England and Wales and are subject to the non-exclusive jurisdiction of the courts of England and Wales.
- Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit your complaint for online resolution to the West Sussex Trading Standards Office on firstname.lastname@example.org or the European Commission Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: Help-me-park, Outaway, Bonnetts Lane, Ifield, Crawley, West Sussex, RH11 0NY, email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate