Car Park and Valet Parking Service Terms and Conditions for the Port of Southampton

THE FOLLOWING TERMS AND CONDITIONS GOVERN THE USE OF THE CAR PARK AND THE VALET PARKING SERVICE PROVIDED TO CUSTOMERS BY ABP. CUSTOMERS ARE REQUESTED TO READ THESE TERMS AND CONDITIONS CAREFULLY AND TO FOLLOW THE RECOMMENDED PROCEDURES WHERE APPLICABLE EXCEPT WHERE EXPRESSLY STATED OTHERWISE, EACH OF THE TERMS AND CONDITIONS BELOW APPLY BOTH TO CUSTOMERS WHO ARE PARKING THEIR OWN VEHICLES AT THE CAR PARK AND TO CUSTOMERS WHO ARE RECEIVING THE VALET PARKING SERVICE.

1. DEFINITIONS

2. TICKETS

2.1 A Ticket is valid only for the Vehicle in respect of which it is issued.

2.2 A Ticket does not entitle a Customer to any particular space in the Car Park or to priority over other Customers.

2.3 ABP reserves the right to refuse a Vehicle for the Car Park or Valet Parking Service or to release a Vehicle from the Car Park or valet parking reception area where a Customer is without a valid Ticket until ABP has made reasonable and satisfactory enquiries regarding such Customer’s booking and payment.

3. CUSTOMERS WHO PARK THEIR OWN VEHICLES

3.1 THE TERMS AND CONDITIONS IN THIS SECTION 3 APPLY ONLY TO CUSTOMERS WHO PARK THEIR OWN VEHICLES.

3.2 If the Customer is not receiving the Valet Parking Service and is parking their own Vehicle in the Car Park, prior to the Customer leaving their Vehicle in the Car Park, the Customer must ensure the following:
(a) all loose items and personal possessions (including any GPS navigation devices) are removed from the Vehicle;
(b) the Vehicle is securely locked;
(c) the Vehicle is securely closed;
(d) the handbrake is properly applied; and
(e) if the Vehicle has any anti-theft devices, such devices have been engaged.

ABP will not be responsible for any loss or damage whatsoever occurring to the Customer’s Vehicle or possessions within it resulting from the Customer’s failure to do any of the things specified in this clause 3.2

3.3 The Customer shall at all times during their Vehicle’s Stay at the Car Park ensure that:
(a) no activity in connection with repairing (except for emergency repairs in the event of a breakdown), maintaining, washing, refuelling (including discharging fuel), selling, hiring, or otherwise disposing of their Vehicle is carried out in the Car Park;
(b) nothing is done in the Car Park to their Vehicle which may be or may become a nuisance, annoyance or disturbance to ABP or other occupiers of adjoining or neighbouring premises.

3.4 The Customer agrees:
(a) to drive their Vehicle in a reasonable, careful and considerate manner;
(b) that in the event that the Customer causes damage to a Vehicle in the Car Park, to report the incident to ABP Personnel immediately and to give ABP Personnel the registration details of all vehicles involved;
(c) to obey all directional and other signs in the Car Park; and
(d) to ensure that once the Customer has parked their Vehicle, to proceed to the nearest lift, stairs or exit and that they do not delay their exit from the Car Park; and
(e) that any children are property supervised and are at all times accompanied when they are in the Car Park.

3.5 Vehicles are parked in the Car Park at their owner’s risk and while ABP uses reasonable endeavours to ensure that the Car Park is secure, ABP does not guarantee that is a secure environment. Accordingly, ABP offers no warranty or indemnity as to the protection or safety of Vehicles in the Car Park or any goods left within the Vehicles.

3.6 ABP and ABP Personnel accept no liability in respect of:
(a)any loss destruction or damage of any Vehicle (whether caused accidentally or by vandalism);
(b)theft of or from any Vehicle;
(c)the death of or personal injury sustained by Customers and others in the Car Park; and/or
(d)occupation of the Car Park by unauthorised persons;
unless the same is caused by the negligence of ABP or ABP Personnel and only then to the extent that ABP or ABP’s Personnel has caused or contributed to the relevant incident.

4. VALET PARKING SERVICE (Fred Olsen Passengers Only)

4.1 THE TERMS AND CONDITIONS IN THIS SECTION 4 APPLY ONLY TO THOSE CUSTOMERS WHO RECEIVE THE VALET PARKING SERVICE.

4.2 If the Customer is receiving the Valet Parking Service, prior to leaving the Vehicle at the valet parking reception area with ABP Personnel, the Customer must ensure the following:
(a) all loose items and personal possessions (including any GPS navigation devices) are removed from the Vehicle;
(b) the Vehicle is in a mechanically sound condition;
(c) the handbrake is properly applied;
(d) the Vehicle is securely closed;
(e) the Vehicle is locked (but that the keys are given to ABP Personnel); and
(f) the Vehicle has sufficient fuel in order to be driven into and within the Car Park and, where required, on the public high way.ABP will not be responsible for any loss or damage whatsoever occurring to the Customer’s vehicle or possessions within it resulting from the Customer’s failure to do any of the things specified in this clause 4.2.

4.3 The Customer agrees to:
(a) drive their Vehicle in a reasonable and considerate manner at the valet parking reception area;
(b) obey all directional and other signs in valet parking reception area;
(c) ensure that any children are property supervised and are at all times accompanied when they are at the valet reception area; and
(d) that in the event that the Customer causes damage to a Vehicle in valet parking reception area to report the incident to ABP Personnel immediately and to give ABP Personnel the registration details of all vehicles involved.

4.4 The Customer acknowledges and agrees that as part of the Valet Parking Service:
(a) Vehicles will be driven by ABP Personnel both into and within the Car Park and, where required, on the public highway;
(b) extra charges may apply should a Vehicle require a start-up service following a Stay.

4.5 Vehicles are parked in the Car Park at their owner’s risk and while ABP uses reasonable endeavours to ensure that the Car Park is secure, ABP does not guarantee that is a secure environment. Accordingly, ABP offers no warranty or indemnity as to the protection or safety of Vehicles in the Car Park or any goods left within the Vehicles.

4.6 ABP is responsible for ensuring that the Customer’s Vehicle is driven carefully, and ABP will be responsible for any loss or damage to a Vehicle which occurs as a result of the negligent driving of the ABP Personnel who are providing the Valet Parking Service. In such circumstances ABP will pay to the Customer the cost of repairing any damage to the Vehicle which is caused by the negligent driving of ABP Personnel while they are providing the Valet Parking Service.

4.7 Except as specified in Clause 4.6 above, ABP and ABP Personnel accept no liability in respect of:
(a) any loss destruction or damage of any Vehicle (whether caused accidentally or by vandalism);
(b) theft of or from any Vehicle (unless the Customer has entrusted the keys to ABP and only then provided that the keys have been used in order to carry out the theft),while the Vehicle is in the Car Park / valet parking reception area.

4.8 ABP and ABP Personnel accept no liability in respect of:
(a) occupation of the Car Park by unauthorised persons;
(b) the death of or personal injury sustained by Customers & others in the valet parking reception area;
unless the same is caused by the negligence of ABP or ABP Personnel and only then to the extent that ABP or ABP’s Personnel has caused or contributed to the relevant incident.

5. GENERAL

5.1 Unless otherwise instructed or agreed by ABP, the Customer shall pick up their Vehicle from the Car Park or in the case of the Valet Parking Service being provided from the valet parking reception area before 12.00 pm on the last day of their Stay. ABP reserves the right to charge Customers an additional fee for failure to comply with this condition.

5.2 Customers shall comply with all reasonable directions, regulations and instructions given by ABP and ABP Personnel from time to time in relation to the use of the Car Park and Valet Parking Service.

5.3 ABP will exercise reasonable skill and care when providing services to the Customer

6. MOVING OF VEHICLES

6.1 ABP reserves the right to:
a) move Vehicles within the Car Park, by driving or otherwise, to such extent as reasonably necessary to avoid obstruction or for the more efficient arrangement of its parking facilities at the Car Park; and
b) where the Car Park has to be closed permanently or temporarily in whole or in part or has to be evacuated in cases of emergency, to remove a Vehicle at any time to any other reasonably convenient premises within the control of ABP or otherwise as may be expedient.

6.2 To the extent that it may be necessary to exercise the rights conferred upon ABP under this condition, ABP and ABP Personnel shall have the right to drive or otherwise take the Vehicle on the public highway.

7. LIENS AND DISPOSAL OF ABANDONED VEHICLES

7.1 Every Vehicle in the Car Park is subject to a lien for all charges due or accruing and due from the Customer to ABP and ABP reserves the right to refuse to release any Vehicle from the Car Park until those charges have been paid.

7.2 ABP reserves the right to sell any Vehicle which it reasonably believes to have been abandoned.

7.3 Before proceeding with the disposal of abandoned Vehicles, ABP will:
a) make reasonable enquiries with a view to identifying and contacting the registered keeper of the Vehicle in question; and
b) give 28 days notice of its intention to do so to the registered keeper by post addressed to the registered keeper’s last know address.

7.4 Abandoned Vehicles will be sold by auction whenever practicable and the proceeds of sale will be applied towards satisfaction of all sums owing to ABP by the Customer together with the expense of sale. In connection with such sale, ABP shall be entitled to charge reasonable storage charges in respect of the period during which the Vehicle is in the possession of ABP.

7.5 Any balance of the sale proceeds remaining after satisfaction of all sums due to ABP shall be held by ABP on behalf of the registered keeper of the Vehicle and paid over on proof of entitlement to the Vehicle.

8. ABP’S LIABILITY TO CUSTOMER

8.1 ABP’s liability in relation to Customers using the Car Park where such Customers park their own Vehicles is set out in clause 3 of these Terms and Conditions.

8.2 ABP’s liability in relation to the Valet Parking Services is set out in clause 4 of these Terms and Conditions.

8.3 ABP does not accept liability for any indirect or consequential loss or any loss of profit, loss of enjoyment, loss of revenue, loss of data, or loss or earnings.

8.4 ABP will not be liable to the Customer for any failure to perform its obligations due to an event beyond ABP’s reasonable control (such as (without limitation) war (actual or threatened), revolution; civil or industrial commotion, blockade of the port, closure of the port or any part of the port; damage to the port by explosion, fire, radio active contamination, terrorist activity (actual or threatened) or natural disaster).

8.5 The Customer acknowledges that Vehicles will be parked within the Car Park which is an industrial area exposed to but not limited to dust, salt air and bird lime, and that ABP takes no responsibility for dust or particle accumulation or any damage caused to paint work, soft top or other part of a Vehicle arising from the environmental conditions.

8.6 Nothing in these Terms and Conditions excludes or limits the liability of ABP for death or personal injury caused by that ABP’s negligence, or for fraudulent misrepresentation.

9. REFUNDS

ABP shall only issue refunds where it has received written notice of cancellation from the Customer at least 48 hours before the departure of the relevant cruise ship. All refunds will be subject to the deduction of an administration fee equivalent to 25% of the Customer’s original booking fee, which will be retained by ABP.

10. COMPLAINTS

10.1 The Customer shall inspect their Vehicle prior to removing the Vehicle from the Car Park or ABP’s custody and in the event of an incident as detailed in clause 10.2 must notify ABP Personnel prior to removing the Vehicle from the Car Park or ABP’s custody. ANY CLAIMS AGAINST ABP WILL NOT BE CONSIDERED UNLESS THE RELEVANT INCIDENT IS REPORTED PRIOR TO DEPARTURE FROM THE CAR PARK OR ABP’S CUSTODY.

10.2 In the event of damage or destruction to, or theft from, a Customer’s Vehicle during the Stay, the Customer shall, on becoming aware of such an incident:
(a) report the incident to ABP immediately (as per clause 10.1 above);
(b) in cases of theft, report the incident to the Police immediately; and
(c) notify the insurers of the Vehicle as soon as possible.

10.3 In the event of an incident as detailed in clause 10.2 and which has been notified to ABP prior to removing the Vehicle from the Car Park or ABP’s custody in accordance with clause 10.1, if a Customer considers that they have valid claim or cause for complaint again ABP in relation to the incident, they must give written notice to ABP, giving full details of the incident and Vehicles involved, within 72 hours of removing the Vehicle from the Car Park / ABP’s custody.

11. GENERAL

11.1 No purported alteration of variation of the Terms and Conditions will be effective unless it is in writing, it refers specifically to these Terms and Conditions and it is signed by a duly authorised representative of ABP.

11.2 No failure of any party to exercise, and no delay by it in exercising any right, power or remedy in connection with these Terms and Conditions (each a “Right”) will operate as a waiver thereof, nor will any single or partial exercise of any Right preclude any other further exercise of such Right or the exercise of any other Right.

11.3 Customers are not entitled to assign any of their Rights under these Terms and Conditions with the written consent of ABP.

11.4 These Terms and Conditions and any dispute or claim arising out of or in connection with them will be constructed in accordance with and governed by the laws of England and in the event of any dispute or claim the courts of England will have exclusive jurisdiction.

11.5 These Terms and Conditions constitute the entire agreement between ABP and the Customer in regard to the sale of the relevant services.