THE PARTIES TO THE PARKING CONTRACT
About these terms
These terms form part of the terms and conditions for use of the Online Service (available here) and this section sets out the terms of the contract that is formed between two users of the Online Service, when one user pays to park at a parking space advertised by another user (the Parking Contract).
The parties to this Parking Contract
These terms specify the contract between: a person who uses our Online Service to pay to park at one of the advertised parking spaces (the Driver); and a person or business who uses our Online Service to advertise a parking space for rental (the Space Owner); when the Driver uses the Online Service to make a booking with the Space Owner.
We refer in the Parking Contract 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.
We refer in the Parking Contract 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).
Our role in the Parking Contract
We are not a party to the Parking Contract, which is a direct contract between the Driver and the relevant Space Owner. We are authorised by the Space Owner to act as the Space Owner's agent in order to create a binding contract with each Driver that pays to park at that Space Owner's parking space through the Online Service. Although we are not a party to the Parking Contract, we are entitled to exercise specified rights under the Parking Contract in our own right, where expressly stated.
Relationship with the Online Service terms and conditions
By entering into the Parking Contract: the Driver promises to the Space Owner to comply with all the requirements imposed on the Driver in the Online Service terms and conditions (available here) in relation to the booking made to park at the Space Owner's parking space; and the Space Owner promises to the Driver to comply with all the requirements imposed on the Space Owner in the Online Service terms and conditions (available here) in relation to the same booking, and to make the parking space available in accordance with its advertised description.
HOW THE PARKING CONTRACT IS FORMED
When the Parking Contract becomes binding
The Parking Contract becomes binding on the Driver and the Space Owner when the Driver completes the booking process through the Online Service and we, acting on behalf of the Space Owner, receive payment for the booking and accept the booking.
No obligation to accept further terms
The Driver must observe any general terms and conditions that apply to individuals that park at a public car park operated by a Commercial Space Owner, but apart from this neither the Driver nor the Space Owner will be obliged to agree to any additional terms or conditions proposed by the other after the Parking Contract has been formed.
No reliance on anything outside the Parking Contract
The Driver and the Space Owner acknowledge that the Parking Contract contains the whole agreement between the parties and each acknowledges that he or she has not relied upon any other statement (written or verbal) made by the other in entering into the Parking Contract, other than the Space Owner's description of the parking space included in the advertisement.
DRIVER RIGHTS AND OBLIGATIONS
Conditions for entering into the Parking Contract as a Driver
By entering into the Parking Contract through the Online Service, the Driver confirms that he or she:
- has the power to enter into the Parking Contract and has obtained all necessary approvals to do so; and
- has, and will have at all times during the parking period, or, where applicable, the person whom the Driver has permitted to park the relevant vehicle at the parking space has, and will have at all times during the parking period, a valid driving license.
The Driver's rights
The Driver has the following rights under the Parking Contract:
- to park the vehicle identified on the booking at the parking space selected during the booking process, and at the times selected during the booking process; or
- to allow another person to park the same vehicle at that parking space at those times; but acknowledges that any parking space booked with a Commercial Space Owner is subject to availability – for more information on the Driver's rights when a parking space booked with a Commercial Space Owner is not available
The Driver's obligations
The Driver has the following obligations under the Parking Contract:
- to ensure that any person (an Authorised Person) the Driver allows to use a parking space complies with the terms of this Parking Contract as though he or she were the Driver. The Driver is responsible for the conduct of any such Authorised Person;
- to use the Parking Space only at the times specified in the booking confirmation. The Parking Contract does not allow the Driver to use the parking space at any earlier or later time, and the Space Owner may be entitled to take steps to prevent unauthorised parking, including, in the case of a Commercial Space Owner with parking enforcement measures in force at the car park from time to time;
- to use the Parking Space in line with any other requirements specified in the booking confirmation. This includes using only specified parking bays if applicable, collecting any required permit from the Owner etc. These details are provided in your Post-Booking Instructions within your confirmation email and 'Access Information' section of your booking;
- to park only the vehicle identified on the booking. If the Driver uses a different vehicle they may be unable to park at a parking space made available by a Private Space Owner, and will be subject to any parking enforcement measures in force at the car park of a Commercial Space Owner from time to time. If the Driver wishes to change the registered vehicle to be used for the parking space, the Driver must do this via their online account in advance of using the parking space or entering the car park so we can notify the Space Owner, and the obligation not to park any vehicle other than the one confirmed on the booking will continue until we have notified the Driver that we have confirmed the change of vehicle;
- to keep the parking space clean, tidy and clear of rubbish and leave the parking space in the same condition that he or she finds it;
- to ensure that the relevant vehicle is parked fully in the parking space, without obstructing any adjoining or nearby parking spaces or property;
- if parking with a Private Space Owner, to notify the Private Space Owner or us of any damage to the parking space during the parking period as soon as it occurs, and if parking with a Commercial Space Owner, to notify us immediately in such circumstances;
- not to do or permit to be done on the parking space anything which is or which may be or become a nuisance, damage, annoyance, inconvenience or disturbance to any person;
- not to conduct any illegal activity from the parking space;
- not to conduct any business or commercial activity whatsoever from the parking space;
- not to use the parking space for any purpose other than for parking; and
- to act with courtesy towards the Space Owner and all other users of any premises at which the parking space is located;
- to provide a minimum of 30-days notice from the billing date to end a long-term booking, in writing via our Contact page, to YourParkingSpace;
- to vacate the parking space and cease using the parking space at the end of the time specified in the booking confirmation, and to authorise us to collect on behalf of the Space Owner any payment due for any additional times used, such payment to be collected by way of deduction from the deposit paid by the Driver or using the credit or debit card details supplier by the Driver when placing the booking;
- to return to the Space Owner any and all access equipment provided for the booked parking space within 48 hours of the booking end date, and to authorise us to collect payment on behalf of the Space Owner for the full cost of replacement of any access equipment which is not returned within 48 hours of the booking end date, such payment to be collected by way of deduction from the deposit paid by the Driver or using the credit or debit card details supplied by the Driver when placing the booking;
- to accept responsibility for his or her own health and safety, and the health and safety of any Authorised Person when accessing the parking space; and
- to accept responsibility for the safety of the vehicle (together with any items stored in the vehicle during the booking period), which are parked/left at the owner's risk.
SPACE OWNER RIGHTS AND OBLIGATIONS
Conditions for entering into the Parking Contract as a Space Owner
By entering into the Parking Contract with a Driver who makes a booking through the Online Service, the Space Owner confirms that he or she:
- has the power to enter into the Parking Contract and has obtained all necessary approvals to do so;
- owns or is authorised to use the parking space and is authorised to allow third parties to use the parking space and, where necessary, has permission from the landlord, or any other person who controls any property of which the parking Space is a part, to do so; and
- has all necessary regulatory and planning approvals to grant a license to use the parking space and that the use of the parking space in accordance with the Parking Contract will comply with all applicable laws, tax requirements and rules and regulations that may apply to the parking space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties.
The Space Owner's rights
The Space Owner is entitled to receive the payment made by the Driver for each booking made through the Online Service, less the fees we add to the Driver's total price paid for the provision of the Online Service.
The Space Owner's obligations – Private Space Owner
A Private Space Owner has the following obligations:
- to provide the parking space in accordance with the details and information set out in the listing of the parking space published through the Online Service;
- to comply with all applicable laws and rules and regulations that may apply to the parking space, including but not limited to any relevant rules, zoning laws and laws governing rental of or licenses to use residential and other properties;
- to use best endeavours to settle any disputes that may arise with the Driver in respect of the parking space as soon as practicable after becoming aware of the issue, so that the Driver may still fulfil his booking;
- to respond to any enquiries about his or her parking space that we may forward to him or her, which we may forward by any method of communication including email, text message or phone call;
- to provide a minimum of 30-days notice to end a long-term booking, in writing, to YourParkingSpace. A €25.00 early termination fee will apply for any notice period of less than 30-days;
- to provide YourParkingSpace with any claim to the deposit paid by the Driver for the cost to replace unreturned or damaged access equipment, up to the value of the deposit held, in writing and within 4-days of the end-date of the booking.
The Space Owner's obligations – Commercial Space Owner
A Commercial Space Owner has the following obligations:
- subject to availability, to provide the parking space in accordance with the details and information set out in the listing of the parking space published through the Online Service – if no parking space is available at the car park of the relevant Commercial Space Owner at any time when a Driver has paid to park, the Commercial Space Owner will not be liable to the Driver, and our liability to the Driver will be to provide suitable alternative parking space as described in the terms and conditions for the Online Service (see here) and
- to comply with all applicable laws and rules and regulations that may apply to the parking space, including but not limited to any relevant rules, zoning laws and laws governing rental of or licenses to use the relevant property.
Payment for short-term bookings
If the Driver makes a short-term booking (any booking not longer than 30 days) we will collect the payment owed by the Driver for the full parking period at the time the booking is made.
Payment for long-term bookings
If the Driver makes a long-term booking (any booking of more than 30 days) we will take a deposit payment from the Driver equal in value to one month's payment for use of the parking space at the time the booking is made. The deposit is refundable at the end of the parking period, provided no amounts are due to the Space Owner at that time. We will take payment for the first month of the parking period in advance on the first day of the parking period, and will take subsequent payments for each month in advance on the same day of the calendar month during each subsequent month during the parking period. If the Driver disputes a payment under this Agreement directly with their bank (chargeback), a €15.00 administration fee will be applied to the booking.
Collection of payments due
If the Driver's payment is not received or fails we may collect monies owed using other collection mechanisms, and we reserve the right to charge the Driver for all additional fees and expenses we may incur (including legal fees and costs) in attempting to collect fees through commencing collection efforts, using the services of an external debt collection agency or issuing legal proceedings.
The booking confirmation email
When we have received payment from the Driver we will send a booking confirmation email to the Driver and the Space Owner which will include the booking period and confirmed vehicle registration number.
The cancellation policy
This section sets out the cancellation policy that applies when a Driver wants to cancel a booking he or she has made through the Online Service, or when the Space Owner wants to cancel a booking.
Authority to administer the cancellation policy
All bookings are made subject to the cancellation policy, and the Driver and the Space Owner each agree to comply with the terms of this section and to authorise us to administer the cancellation policy by making refunds where applicable.
Cancellation by the Driver
If the Driver has paid in advance for parking, the table below sets out the refund he or she will receive when he or she cancels, which will depend on the type of booking and when we receive your email requesting cancellation.
|Type of booking
|When the booking was made
|When we receive your email to cancel
|Short term booking (parking session continuing for 29 days or fewer)
(There is a 15-minute grace period after making a booking allowing you to
cancel via your account if, for example, you booked the incorrect dates or times)
|At least 48 hours before the time when the parking session is due to start
|Between 24 and 48 hours of the time when the parking session is due to start
|Less than 24 hours of the time when the parking session is due to start
|After the parking session has started
|Long term booking (parking session continuing for 30 days or more)
|Any time before the date when the parking session is due to start
|Not later than the end of the second day of the parking session
|Full refund*, less the cost of each day of the parking session until the end of the day after the day on which we receive your email to cancel
|Any time after the end of the second day of the parking session
|Full refund* less the cost of each day during the parking session until the end of the thirtieth day after the day on which we received your email to cancel
*Less the cost of any service fees, arrangement fees and/or space extras added to the booking
Driver's failure to cancel
If the Driver fails to cancel the booking by notifying us in accordance with the cancellation policy, the Driver will be liable for the full amount of the fees payable for the booking and will not receive any refund, even if the Driver does not use the parking space.
Cancellation by us or by the Space Owner
The Driver acknowledges and agree that if we or a Space Owner wish to cancel a booking, we may do so, on our own behalf or acting on behalf of the Space Owner, through the Online Service in accordance with this cancellation policy.
Authorisation to make further payments
If the Driver has paid a booking deposit and is required to make further payments to a Space Owner for the use of the parking space before the cancellation takes effect, the Driver authorises us to collect payment on behalf of the Space Owner using the payment details the Driver has supplied.
Cancellation notice periods and remedies
We may cancel a booking, on our own behalf or acting on behalf of the Space Owner:
- immediately, whether before or after the parking period has started, without any obligation to provide a refund or an alternative parking space, if the Driver does not make a payment by the time on which it is due in accordance with the booking or if we are entitled to terminate the Driver's contract with us for use of the Online Service; or
- at any time before the parking period is due to start, provided that we either provide the Driver with a full refund, or make available a suitable alternative parking space for the period of the Driver's booking, at our option; or
- on thirty days' notice at any time after the parking period has started, without any requirement to provide an alternative parking space, provided that we will either provide to the Driver, on behalf of the Space Owner, a full refund of any prepaid amounts less the cost of each day during the parking session until the end of the notice period, or make available a suitable alternative parking space for the remaining period of the Driver's booking, at our option.
If the parking space is not available
If the parking space is not available at any time during your booking, please see the terms of the Online Service that set out what you should do if you have parked with a Private Space Owner or a Commercial Space Owner.
Refunds paid as agent for Space Owner
For the avoidance of doubt, we will pay any refund to which the Driver may be entitled, acting as agent on behalf of the Space Owner. The Space Owner has no authority or means to issue any refunds.
If the booking is made with a fraudulent payment method
If the booking is made with a fraudulent payment method, the booking will be cancelled with immediate effect and all monies returned to the bank in line with current FCA regulations. No payouts will be made to the space owner for any bookings that fall under the fraud category in accordance with money laundering legislation.
The Space Owner's obligations in respect of cancellation
The Space Owner must inform us immediately if he or she wants to cancel a booking, and authorises us to collect payment if any refund is due to the Driver in accordance with this cancellation policy, by deducting the value of any such refunds from amounts which we would otherwise be due to transfer to the Space Owner.
OTHER IMPORTANT TERMS
No transfer of the Parking Contract
Neither party to the Parking Contract may transfer its rights or obligations to another person, save that the Driver is entitled to allow an Authorised Person to use the parking space in the manner described above.
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.
Even if one party delays in enforcing any right under the Parking Contract, it can still enforce it later
If either party does not insist immediately that the other party does anything it is required to do under these terms, or if it delays in taking steps against the other party in respect of breaking the contract, that will not mean that the first party does not have to do those things and it will not prevent the first party taking steps against the other at a later date.
Which laws apply to this contract and where the parties may bring legal proceedings
These terms are governed by Irish law and either party can bring legal proceedings in the Irish courts.