ABParking Cruise Car Parking at Port of Southampton
Terms and Conditions
These Conditions govern the use of the Car Park and the Meet & Greet Service provided by ABParking. Please read these Conditions carefully, in full. Do not proceed with a booking if you are not in full agreement with these Conditions.
Except where expressly stated otherwise, each of the Conditions below apply to both the Meet and Greet Service and if you are parking your own Car at the Car Park.
Your attention is drawn to specific terms in these Conditions which exclude or limit the liability of ABParking such Conditions being 4.2, 5.2, 5.4, 5.8, 8.4, 8.6, 11.1, 11.2, 11.3, 11.4 and 14, require you to reimburse ABParking in certain circumstances (such Condition being Condition 5.3) and limit time in which you can make a claim against ABParking (such Condition being 14).
- DEFINITIONS
- In these Conditions, the following terms have the following meanings:
"ABParking"
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means Associated British Ports (ABP) trading as ABParking whose principal office is at 25 Bedford Street, London WC2E 9ES;
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"ABParking Personnel"
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means employees, agents, contractors or sub-contractors of ABParking or ABP;
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“Booking”
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means a booking for Services which has been completed with ABParking or its agent by telephone, online or in person;
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“Car”
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means the Car which the Services are provided in relation to;
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“Car Park”
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means an area at the port which ABParking designates from time to time as the area to be used for cruise car parking;
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“Charges”
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means the charges payable by you to ABParking for the Services;
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“Conditions”
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means these ABParking Cruise Car Parking at Port of Southampton Terms and Conditions (as may be amended or updated by ABParking from time to time);
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“Keys”
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means the key, fob or other device which unlocks and/or is used to start the engine of the Car;
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“Stay”
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means the agreed period of time you are permitted to leave the Car in the Car Park;
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“Ticket”
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means a ticket issued by ABParking to a Customer in relation to a Car following a completed Booking from you and which typically includes the booking reference number, the registration of the Car, the dates of the Stay, the name of the cruise ship and the terminal and dock gate;
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“Meet & Greet Service”
Currently Suspended
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means the service provided by ABParking for an additional fee where:
(a) the Car and its Key are handed over to ABParking Personnel at the Meet & Greet Reception Area; and
(b) ABParking Personnel drive the Car from the Meet & Greet Reception Area into and within the Car Park for the Stay; and
(c) at the end of the Stay ABParking Personnel release the Car to you; and
(d) any ancillary services provided to you by ABParking as may be agreed between you and ABParking;
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“Meet & Greet Reception Area”
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means the area (as advised by ABParking) where the Car is dropped off or collected as part of the Meet & Greet Service;
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“Passengers”
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means all individuals travelling in and/or driving the Car;
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“Port”
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means the port of Southampton (including the Car Park and Meet & Greet Reception Area);
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“Services”
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means the provision of the Car Park or the Meet & Greet Service and any other services or facilities provided by or on behalf of ABParking in connection with your use of the Car Park or Meet & Greet Service;
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“Transport Pick Up Point”
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means the point at which ABParking picks up Passengers and their luggage and transports them from the Car Park to the cruise liner terminal, where ABParking has agreed to provide such transport;
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“you” or “your”
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refers to any person who makes a Booking or uses any of the Services;
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2. INTERPRETATION
2.1 In these Conditions unless otherwise provided or the context otherwise requires:
(a) the singular shall include the plural and words in the plural shall include the singular;
(b) the words "include", "including" and "in particular" are to be construed as being by way of illustration or emphasis only and are not to be construed so as to limit the generality of any words preceding them; and the words "other" and "otherwise" are not to be construed as being limited by any words preceding them;
(c) the headings are to be ignored in construing these Conditions;
(d) reference to any statute or statutory provision includes a reference: (i) to that statute or statutory provision as from time to time consolidated, modified, re-enacted (with or without modification) or replaced by any statute or statutory provision; and (ii) any subordinate legislation made under the relevant statutory provision.
3. PASSENGERS / OWNER OF CAR
3.1 If you are the person who made the Booking, you:
(a) shall be responsible for ensuring that the other Passengers are made aware of and comply with these Conditions and you confirm that you are authorised on behalf of the Passengers to agree to and accept these Conditions;
(b) confirm that you are authorised on behalf of the owner of the Car (if not a Passenger) to agree to and accept these Conditions.
4. TICKETS
4.1 A Ticket is valid only for the Car in respect of which it is issued and is non-transferable. A Ticket does not entitle you to any particular space in the Car Park or to priority over other customers.
- If a valid and current Ticket is unable to be presented on request, ABParking reserves the right to refuse to provide any Services until ABParking is satisfied in regard to the Booking and payment of the Charges and ABParking shall not be responsible for the consequences of any delays in doing so.
5. REQUIREMENTS IN RESPECT OF CARS
Before leaving the Car at the Port (whether self parking at the Car Park or handing over at the Meet & Greet Reception Area (as the case may be)), you are responsible for ensuring that:
(a) all luggage, loose items and personal possessions (including any GPS navigation devices) are removed from the Car; and
(b) a Passenger is in possession of the Key (including a spare Key where a Key has been handed to ABParking Personnel for the Meet & Greet Service); and
(c) if the Car is self-parked at the Car Park (i.e. the Meet & Greet Service is not provided), that:
(i) the Car is securely locked and the windows fully closed;
(ii) the handbrake is properly applied; and
(iii) any anti-theft devices in relation to the Car are engaged; and
(iv) vehicle engine to be switched off
- ABParking SHALL NOT BE LIABLE for any loss or damage suffered which arises as a result of Condition 1 not being complied with.
- The Car must:
(a) be in a mechanically sound, safe and roadworthy condition;
(b) have up to date vehicle tax, a current MOT certificate, a valid insurance certificate and be otherwise compliant with all applicable UK laws and regulations (including the Road Traffic Act 1988) for the duration it is on the Port, provided that to the extent that any of these requirements do not apply because the Car is not registered in Great Britain, the Car must be fully compliant with all such equivalent laws and requirements in the Car’s country of origin.
- ABParking SHALL NOT BE LIABLE in connection with any incidents or additional costs which occur as a result of Condition 3 not being complied with. YOU SHALL REIMBURSE ABParking on demand for any liability which ABParking incurs or suffers as a result of any breach of Condition 5.3.
- In addition to any other obligations under these Conditions:
(a) the Car must be driven and operated at the Port in a reasonable, careful, considerate and lawful manner, by an individual who holds a current and correct driving licence;
(b) any Passengers which are children must at all times be properly supervised by a responsible adult while at the Car Park and Port;
(c) once the Car is parked in the Car Park or handed over to ABParking Personnel at the Meet & Greet Reception Area (as the case may be), all Passengers are to promptly proceed with care (having due regard to vehicles in motion) to the exit or Transport Pick Up Point (as applicable);
(d) if damage is caused to another vehicle or any other property on the Port, the incident must be promptly reported to ABParking Personnel with full details provided (including registration details of any other vehicle involved) and you agree that any such information may be passed on to any relevant third parties; and
(e) all directions, regulations and instructions given by ABParking and ABParking Personnel while on the Port are to be complied with.
- Except for emergency repairs, any activity in connection with repairing, maintaining, washing, refuelling, discharging fuel, selling, hiring or otherwise disposing of the Car while the Car is on the Port is prohibited.
- Unless otherwise instructed or agreed by ABParking, the Car must be picked up from the Car Park or Meet & Greet Parking Reception Area (as applicable) before 12.00 pm on the last day of the Stay. If the Car remains on the Port beyond this time, additional charges may apply and ABP may relocate the Car in accordance with Condition 9.
- It is acknowledged that the Car will be parked at a port in an industrial area which is exposed to elements such as dust, salt air, bird lime and weather conditions. ABPARKING SHALL NOT BE LIABLE for any damage to the Car arising from such matters.
- If you have self parked your Car in the Car Park, in the event that the Car has a flat battery or any other mechanical issue, you will be required to make your own arrangements with a breakdown service provider so that the Car can be vacated from the Car Park as soon as possible. If you are receiving the Meet & Greet Service, Condition 4 applies. In the event that you request ABP to provide a jump start service and ABP agrees to provide such a service, a jump start fee will be payable.
- If you are receiving the Meet & Greet Service, the provisions set out in Condition 8 apply in addition to this Condition 5.
6. LUGGAGE
6.1 At a Passenger’s request, ABParking Personnel may (at ABParking’s discretion) load or unload luggage or possessions into or out of the Car. Where ABParking Personnel do so, you are responsible for ensuring that all of your and your Passengers’ luggage and possessions have been loaded or unloaded and are not left behind. ABPARKING SHALL NOT BE LIABLE for:
(a) any luggage or possessions which are left behind in any vehicle or at any location; or
(b) any damage caused to the Car or any luggage and possessions during any loading or unloading of luggage and possessions, except to the extent that such damage can be proved by you to have been caused as a result of the negligence of ABParking Personnel.
7. TRANSPORT TO AND FROM CRUISE TERMINAL
- In certain circumstances depending on the location of the Car Park, ABParking (at its discretion) may provide transport between the Car Park and cruise terminal.
- Where ABParking is providing such transport, all Passengers must report to ABParking Personnel at the Transport Pick up Point together with your luggage and possessions (having already parked the Car) at least one (1) hour prior to the relevant scheduled departure time of their cruise liner. ABParking SHALL NOT BE LIABLE for any failure to transport you or any Passenger and your/their luggage/possessions to the relevant cruise liner terminal in time for embarkation where you or a Passenger has not complied with this Condition.
- You are responsible for ensuring that all your / the Passengers’ luggage and possessions are loaded and unloaded from any transport which ABParking provides.
MEET & GREET SERVICE
This Condition 8 only applies to the Meet & Greet Service
8.1 If the Meet & Greet Service is being provided in respect of the Car, you shall, in addition to the other requirements set out in these Conditions, be responsible for ensuring that:
(a) the Car has sufficient fuel in order to be driven into and within the Car Park by ABParking Personnel or as may be required in accordance with Condition 8 below; and
(b) a Key has been provided to ABParking Personnel (with a spare Key being retained and taken with you).
8.2 You understand and agree that as part of the Meet & Greet Service, the Car will be driven by ABParking Personnel both into and within the Car Park and, where required, in accordance with Condition 8 below. You further acknowledge that ABParking Personnel may adjust the seat and mirrors and turn off any radio in order to safely drive the Car during the Meet & Greet Service.
- During the provision of the Meet & Greet Service, ABParking is responsible for ensuring that the Car is driven with reasonable care and skill. Accordingly, ABParking will be responsible for any loss or damage to the Car to the extent that such loss or damage occurs as a result of ABParking Personnel not driving the Car with reasonable care and skill during the Meet & Greet Service. In such circumstances, ABParking’s liability will be limited to the cost of repairing the damage to the Car caused by the negligent driving of ABParking Personnel while they are providing the Meet & Greet Service, up to the amount set out in Condition 2.
- ABParking SHALL NOT BE LIABLE IN connection with the loss or theft of any Key (including the theft of the Car using the Key) unless you have entrusted the Key to ABParking in connection with the Meet & Greet Service in which case ABParking shall be liable to the extent that (a) ABParking has been negligent in the safekeeping of the Key; and (b) if the Car has been stolen, the Key has been used in order to carry out the theft while the Car is on the Port. ABParking SHALL NOT BE LIABLE for any other keys or fobs left on the same key ring as the Key.
- ABParking has the right to refuse to accept any Car for the Meet & Greet Service if ABParking (acting reasonably) has concerns that the condition of the Car gives rise to safety concerns in respect of ABParking Personnel driving the Car. ABParking SHALL HAVE NO LIABILITYto you in connection with exercising its right under this Condition.
- You understand and agree that as part of the Meet & Greet Service, unless you have notified ABParking in writing that you do not wish a jump start to be carried out in relation to your Car (in which case you will be responsible for arranging this yourself and ABParking will not be required to deliver the Car back to you at the Meet and Greet Reception Area), ABParking has the right (but is under no obligation) to jump start any Car which does not start (or to use a third party service provider to jump start the Car) and where this is required an additional jump start fee will be payable by you.
9. MOVING CARS
- ABParking reserves the right to move Cars within the Car Park by driving or otherwise, where ABParking considers it necessary to do so.
- In the event that the Car Park (or any part of it) is required to be closed permanently or temporarily or is to be evacuated in cases of emergency, ABParking reserves the right to relocate the Car to any other reasonably convenient premises within the control of ABParking and you acknowledge that such temporary facilities may not have the “Park Mark” safer parking award. To the extent that it may be necessary to do so in order to relocate a Car, ABParking and ABParking Personnel shall have the right to drive (or otherwise transport) the Car on the public highway.
10. SECURITY
10.1 Cars are left in the Car Park at their owner’s risk (whether parked by you or as part of the Meet & Greet Service). ABParking’s Car Parks have been awarded the “Park Mark” safer parking award, ABParking does not guarantee that it is a secure environment.
10.2 In the event that ABParking exercises its right to relocate any Cars from the Car Park under Condition 9 such alternative temporary car parking facilities may not have been awarded the “Park Mark” safe parking award.
11. ABPARKING’S LIABILITY
- ABPARKING SHALL NOT BE LIABLE for:
(a) the death of, or injury to, you or the Passengers;
(b) any theft, damage, destruction or loss of the Car;
(c) any theft, damage, destruction or loss of any luggage or possessions of the Customer and Passengers;
(d) occupation of the Car Park by unauthorised persons;
unless and only then to the extent that the same is caused by the negligence of ABParking. This Condition is without prejudice to the other limitations and exclusion of liability set out elsewhere in these Conditions.
- ABPARKING'S TOTAL LIABILITY in contract, tort (including negligence) or for breach of statutory duty, misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Services and obligations under these Conditions WILL BE LIMITED TO £50,000.
- ABPARKING SHALL NOT BE LIABLE for any indirect or consequential loss or any loss of profit, loss of enjoyment, loss of revenue, loss of data, or loss or earnings.
- ABPARKING SHALL NOT HAVE ANY LIABILITY if it is prevented, hindered or delayed in or from performing any of the Services or other obligations under these Conditions as a result of any event, circumstance or incident which is beyond the reasonable control of ABParking.
- Nothing in these Conditions excludes or limits the liability of ABParking for death or personal injury caused by ABParking’s negligence, or for fraudulent misrepresentation or for any matter which it would be unlawful to do so.
- Nothing in these Conditions shall affect any of your statutory rights.
12. LIENS AND DISPOSAL OF ABANDONED CARS
- ABParking will have, in addition to any other right or remedy available to it, a lien over the Car and any property in the Car, for all Charges, fees, costs and expenses and other amounts charged under or in connection with these Conditions (“Fees”) and ABParking reserves the right to refuse to release the Car from the Car Park until those Fees have been paid.
- ABParking reserves the right to sell any Car which it (acting reasonably) believes to have been abandoned.
- Before proceeding with the disposal of an abandoned Car, ABParking will:
(a) make reasonable enquiries with a view to identifying and contacting the registered keeper of the Car; 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 known address.
- Any Car which ABParking considers has been abandoned will be sold by auction whenever practicable and the proceeds of sale will be applied towards satisfaction of all Fees owing to ABParking by you together with the expenses of the sale and any reasonable storage charges which ABParking may charge in respect of the period during which the Car is in the possession of ABParking. If there is any balance of the sale proceeds after satisfaction of all sums due to ABParking, ABParking shall hold such sums on behalf of the registered keeper of the Car and will pay over on proof of entitlement to the Car.
13. POSTAL / BOOKING Fee
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- Where you request confirmation of a Booking to be sent to you by post, ABP shall charge an administration fee of £1.00.
14. REFUNDS / CANCELLATIONS
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- If you wish to cancel a Booking, you must notify ABParking of this by telephone on 02380 488870, by email to parking@abparking.co.uk or by updating the Booking online under “manage my booking” at co.uk. Following the cancellation of a Booking, a refund will be issued by ABParking which shall be calculated on the basis set out below:
Number of days prior to cruise departure date on which written notice of cancellation is given to ABParking
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Administration Fee deducted from refund (being % of Charges paid on booking)
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60 days or more
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0% (Full Refund)
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31 – 59 days
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15% of Charges
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30 days or less
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20% of Charges
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15. DAMAGE / COMPLAINTS
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- YOU MUST inspect your Car prior to removing the Car from the Car Park or ABParking’s custody and you MUST NOTIFY ABPARKING PERSONNEL of any claim you have in relation to damage to your Car or any other property prior to removing the Car / property from the Car Park or ABParking’s custody by completing and submitting a claim form. You can obtain a claim form by going to the cruise terminal and requesting one from the Enquiries desk or Terminal Liaison Officer. ABParking RESERVES THE RIGHT TO REFUSE TO CONSIDER ANY CLAIM AGAINST ABParking in relation to your Car / property unless the relevant incident is reported by submitting a claim prior to departure from the Car Park or ABParking custody and ABParking is given the opportunity to carry out any relevant inspection prior to leaving the Port.
- In addition to notifying ABParking in accordance with Condition 1 above, you shall:
(a) in cases of theft of or from the Car, report the incident to the Police immediately; and
(b) notify the insurers of the Car as soon as possible.
16. DATA PROTECTION
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- ABP will process personal data relating to you and Passengers as part of the Services provided under these Conditions and as set out in ABP's Privacy Notice (such processing including but not limited to CCTV and Automatic Number Plate Recognition (ANPR) systems in use at the Port, and ABP (or a member of ABParking Personnel) taking photographs of the front, back and sides of the Car, along with the Car’s registration plate), which can be accessed at abports.co.uk
- Where you provide details about Passengers to ABP, you will only do so where you are sure that the Passengers wouldn't object and you will make the Passengers aware that ABP will process personal data relating to them as part of the Services provided under these Conditions and as set out in Condition 16.1 above
- Unless the context otherwise requires, the terms "process", "personal data" and "data subject" used in this Condition 16 shall be interpreted and construed by reference to any Applicable Laws relating to the security, confidentiality, protection or privacy of personal data.
17. MISCELLANEOUS
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- No purported alteration of variation of the Conditions will be effective unless it is in writing, it refers specifically to these Conditions and it is signed by a duly authorised representative of ABParking.
- No failure of ABParking to exercise, and no delay by it in exercising any right, power or remedy in connection with these 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.
- If any provision of these Conditions is or becomes invalid or unenforceable, in whole or in part, in any jurisdiction, the validity and enforceability of the other provisions of these Conditions and its validity and enforceability in any other jurisdiction shall not be affected
- These 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.
- These Conditions together constitute the entire agreement between ABParking and you in regard to the sale of the relevant Services.
- ABParking reserves the right to amend these Conditions at any time by publishing the Conditions on ABParking’s website at abparking.co.uk.
UPDATED 10 February 2020