These terms and conditions govern your use of our website, www.desparking.uk (the Site), and the DesParking Limited app (the App), as well as any services you access through our Site or App (collectively referred to as our Online Service).

Importance of Reading These Terms

Please carefully read these terms before using our Site or App, and before paying to park or listing a parking space via our Online Service. These terms:

• Explain who we are and describe the relationships between users and businesses utilizing our Online Service.
• Detail the functioning of the Online Service, including how to use it to pay for parking or to list a parking space.
• Outline how contracts are established through the Online Service, what steps to take if issues arise, and other crucial information.

Information About Us and How to Contact Us

Who We Are

We are DesParking Limited, a company registered in England and Wales. Our company registration number is 15464950, and our registered address is 71 Discovery Dock East, London, E14 9RU.

How to Contact Us

You can reach us by writing to us at 71 Discovery Dock East, London, E14 9RU.

Definition of “Writing”

References to “writing” or “written” in these terms include email communications.

Roles and Legal Relationships

Using the Site and the App

Your use of our Site or App is permitted under these Terms of Use, regardless of whether you pay to park, list a parking space, or register with us.

Privacy Policy

Our Privacy Policy, available here, applies when you visit our Site or use our App.

Our Online Service

Our Online Service enables individuals and businesses to advertise available parking spaces and enter agreements for individuals to pay for parking at these spaces.

The Parking Contract

When you use our Online Service to pay for parking at an advertised space, the service facilitates a parking contract between you and the parking space owner (a Parking Contract). The terms of the Parking Contract are available here.

Drivers

The term “Drivers” refers to individuals who pay for parking, even if they are not the ones driving the vehicle.

Advertising a Parking Space

Terms applicable to advertising your parking space for rental via our Online Service are available here.

Space Owners

The term “Space Owners” refers to individuals or businesses advertising parking spaces through the Online Service. This includes:

• Private Space Owners: Individuals advertising spaces on private property not used for business.
• Commercial Space Owners: Individuals or businesses advertising spaces on business premises, including dedicated car parks or car parks associated with other businesses such as shops or offices.

Our Online Service

Provision of the Online Service

The Online Services will be provided in accordance with their descriptions in these terms, as amended periodically.

Availability of the Online Service

We aim to make the Online Service accessible via the Site and App, but we do not guarantee uninterrupted or error-free access.

Suspension or Withdrawal of the Online Service

We may suspend, withdraw, or restrict the availability of our Site, App, or Online Service for business or operational reasons. We will endeavor to provide reasonable notice of any suspension or withdrawal. Such actions will not affect any existing Parking Contracts between Drivers and Space Owners.

The Parking Spaces

DesParking Limited strives to ensure that parking spaces listed through our online service are of high quality. However, we do not guarantee that any parking space will meet your specific requirements. We rely on the Space Owner for the details provided about a parking space on our website or app, and while we make reasonable efforts to verify the accuracy of this information, we do not offer any warranty regarding these details.

Availability of Parking Spaces

We reserve any parking space booked through our online service based on the availability information provided to us by the Space Owner. However, we do not guarantee the availability of any parking space, whether booked with a private or commercial Space Owner. In case of any problems with a booking, please refer to the relevant sections below for private and commercial Space Owners.

Your Account

Registering as a Driver

To use our online service to pay for parking, you need to register as a Driver. During registration, you will be asked to provide:

• Full name
• Mobile number
• Valid email address
• Vehicle registration number(s)

We may request additional information from time to time.

Registering as a Private Space Owner

To advertise a parking space through our online service, you need to register as a Space Owner. During registration, you will be asked to provide:

• Full name
• Mobile number
• Valid email address
• Address for each relevant parking space
• Parking space listing information (e.g., parking permit or bay number)
• Payment details (bank account, PayPal, credit, or debit card) for making payments to you

We may request additional information from time to time.

Password and Security

You will be required to create a password when registering. Keep your password confidential and do not disclose it to any third party. If someone else uses your password to access our site or app, they will be considered to be acting as your agent. We are not responsible for any actions taken by third parties who have accessed your account with your password. If you suspect that someone else knows your password, please reset it immediately or notify us, and we will close your account at our discretion.

Use of the Account

You agree not to:

1. Create any false account related to our online service or use your account for any immoral or illegal activity, including but not limited to malicious or fraudulent bookings, fraudulent listings, or money laundering.
2. Use the online service or interact with other users in any way that could harm our business or reputation, or negatively affect our relationship with a Space Owner or Driver.
3. Solicit or perform services for, or induce or attempt to induce, any customer, supplier, licensee, business relation, Driver, or Space Owner to enter into any arrangement related to parking outside of our online service.

Suspension or Closure of Account

We may suspend or close your account if you breach any of these terms or any term of a Parking Contract (as a Driver or Space Owner). We may also suspend or close your account if your actions risk our goodwill or reputation. If your account is suspended or closed, you will no longer be able to use the online service and may lose access to certain areas of our website and app.

Your Personal Information

We will use your personal information in accordance with our Privacy Policy for purposes including communicating with you about bookings and/or listings. You grant us the right to communicate with you via any method we choose, including email, phone, text message, or social media platforms.

Inaccurate Contact Details

If you provide inaccurate contact information, you may not receive important communications about your booking/listing or account. We are not responsible if you fail to receive communications in these circumstances. If you realize your contact information is incorrect, please contact us immediately to update your information.

Automatic Email Filing

Some email providers may direct emails from us into your ‘Junk’ or ‘Promotions’ folders. We are not responsible if you fail to receive communications due to email filtering. We recommend adding us to your ‘Permitted Senders’ list and regularly checking your ‘Junk’ / ‘Promotions’ folders, especially if you are expecting a communication from us.

Paying to Park

What This Section Covers

This section applies to you if you use our online service to pay for parking. If you also use our online service to advertise a parking space, this section applies to you in your role as a Driver only.

The Parking Contract

To pay for parking at one of our listed parking spaces, you must have a registered account with us. By completing the booking form on our online service, you enter into a Parking Contract with the relevant Space Owner. This contract is a separate agreement between you and the Space Owner, with terms set out here.

How the Parking Contract is Formed

DesParking Limited is authorized by Space Owners to enter into Parking Contracts with Drivers through our online service. When you complete a booking, we immediately accept it on behalf of the Space Owner, forming the Parking Contract between you and the Space Owner.

Making Your Payment

When you pay for parking through our online service, we collect the payment on behalf of the relevant Space Owner. The advertised price includes our service fee. We may issue invoices and receipts electronically.

Canceling a Booking

To cancel a booking, do so through your account or contact us via our Contact page. Refer to the Parking Contract section for our cancellation policy, including required notice periods and refund eligibility.

If We or the Space Owner Cancel a Booking

We or the Space Owner may cancel a booking before or after the parking period starts. Refer to the Parking Contract section for our cancellation policy, including notice periods and refund eligibility.

Refunds

Refunds for cancellations will be returned to the original payment method. If the original payment account is closed, provide evidence of the closure to process a refund to an alternative account.

Parking with a Private Space Owner

What This Section Covers

This section applies if you use our online service to pay for parking at a space owned by a private individual.

If There Is a Problem with Your Short-Term Booking

If the parking space does not reasonably match the description on our website or app, contact us via our Contact page within 48 hours of the booking start time. We will provide a suitable alternative or a full refund.

Contact Information

For any queries or assistance, please contact us at:

DesParking Limited
Company Number: 15464950
71 Discovery Dock East,
London, E14 9RU,
Website: www.desparking.uk

If there is a problem with your long-term (rolling monthly) booking:

If you have paid to park at a space provided by a Private Space Owner, you (or the driver of the vehicle in question) should inspect the parking space upon arrival to ensure it matches the description on our website and app. If it does not reasonably match, contact us via our Contact page as soon as possible, providing a description of the issue. If you contact us within 48 hours of the scheduled start of your parking session, we will offer you a suitable alternative or a full refund, minus the cost of the days used until you notify us of the issue.

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. To renew with that Private Space Owner, you must do so through the Online Service. If you enter a new arrangement with the same Private Space Owner within six months after the end of the Parking Contract, we may charge you the amount that would have been due if you had renewed through our Online Service.

Parking with a Commercial Space Owner

What this section covers:

These terms apply if you use the Online Service to pay for parking at a space owned by a Commercial Space Owner, which includes businesses advertising spaces at their premises, such as dedicated car parks or those associated with other businesses like shops or offices.

If there is a problem:

If you encounter any issue with the availability or condition of the parking space that does not reasonably match the description on the Online Service, contact us via our Contact page as soon as possible with a description of the issue. We will provide you with a suitable alternative parking space.

Parking spaces subject to availability:

Parking spaces booked with a Commercial Space Owner are subject to availability. If no space is available at the time you have paid to park, the Commercial Space Owner is not liable, and our liability will be to provide a suitable alternative parking space.

SORN vehicles:

A Commercial Space Owner may refuse a SORN vehicle parking at their location. If your booking is flagged as a SORN vehicle that needs to be removed, DesParking Limited will attempt to find you an alternative location.

Listing a Parking Space

What this section covers:

These terms apply if you advertise a parking space using the Online Service. If you use the Online Service both to pay to park and to advertise a space, these terms apply to you as a Space Owner only.

How your contract with us is formed:

To advertise a parking space, you must register with us and have a valid account. By completing the listing form using our Online Service, you offer to enter into a contract with us based on these terms. If we accept your application, the contract between you and us is formed on these terms.

The Parking Contract:

The Parking Contract is a separate agreement between you and the Driver, with terms set out here.

How the Parking Contract is formed:

By completing the listing process, you authorize us to act on your behalf to form binding contracts with Drivers who pay to park at your space through the Online Service. When we receive a booking application from a Driver, we will accept it automatically based on your specified availability, forming the Parking Contract between you and the Driver.

Listing a parking space:

By completing the listing process, you authorize us to:

• Advertise your parking space on our Site and App.
• Collect, accept, and hold payments from Drivers.
• Transfer payments to you after deducting our fees, with payments made on the first business day of the month following the booking start date.
• Process all transactions using your account details.
• Issue invoices and receipts electronically.
• Cancel upcoming short-term bookings to accept a long-term booking at our discretion.
• Refer to you or your space in future publicity.
• Send promotional materials to Drivers with relevant information about your space.

If you breach these terms, we may withhold payments received from Drivers to compensate for the breach.

Information required for the listing:

You must include all relevant information about your parking space in the listing, such as:

• The address of the space.
• Restrictions on vehicle types.
• Any other restrictions or important information.
• Rates and available parking periods.
• Your contact details.

Your responsibility for the listing – Private Space Owner:

You are responsible for the accuracy of all information in your listing. Ensure the space meets the Driver’s requirements under the Parking Contract. We may remove your listing or cancel your account if the space does not conform to the information provided or our standards.

Your responsibility for the listing – Commercial Space Owner:

If you are a Commercial Space Owner, we will typically prepare the listing. We are responsible for the accuracy of the listing and providing a suitable alternative space if issues arise.

Changing a listing:

You can change your listing at any time through your account. Changes to rates or parking periods will not affect confirmed bookings but will apply to future bookings. To change existing bookings, provide 30 days’ notice.

Cancelling a listing:

You can remove your listing at any time through your account. This will not affect confirmed bookings. To close your account, contact us via our Contact page.

Cancelling a booking:

To cancel a booking, contact us via our Contact page. Refer to the Parking Contract for the cancellation policy and any refund obligations.

If a Parking Enforcement event occurs:

If a clamp is applied at the parking space and the Driver is not at fault, we will give the Space Owner 5-10 days to resolve the issue. If unresolved, we will deduct the amount due from the Space Owner’s earnings and may charge additional fees and expenses incurred in collection efforts.

For any issues, you can reach us at our contact page on www.desparking.uk or visit us at 71 Discovery Dock East, London, E14 9RU. Our company number is 15464950.

Private Space Owner Restrictions

If you are a Private Space Owner:

1. Agent Agreement
   • You agree to appoint DesParking Limited as your agent for advertising the availability of your parking space.
2. Parking Space Usage
   • You agree that if any person who:
     • Has previously booked your parking space through our Online Service, or
     • Has made an inquiry about your parking space through our Online Service (regardless of whether a booking was completed), or
     • Became aware of your parking space through our Online Service,
     • Parks at your space, or allows someone responsible for or entitled to drive the same car to park, within six months of the relevant booking period, inquiry, or the time when they became aware of the space through our Online Service, DesParking Limited may charge that person the fees as though they had parked in accordance with this agreement, and apply that person’s deposit towards the amounts owed.

Space Owner’s Responsibility for Taxes

You are responsible for paying all fees and applicable taxes, including general services taxes, income taxes, goods and services taxes, and other similar taxes or withholdings related to any payments you receive from Drivers in connection with these arrangements in a timely manner.

Payments

1. Price Calculation
   • The price for parking at a given space is set by the Space Owner, who can change rates at any time. Price changes will not affect any previously confirmed bookings unless the Space Owner issues a price increase on a current long-term booking. In such cases, the Space Owner must provide DesParking Limited with 30 days’ notice. The advertised price on the Online Service includes our fee, charged on top of the Space Owner’s price for providing the Online Service.
2. Service Charge
   • Our charge for making the Online Service available is included in the price paid by the Driver. This amount is added to the Space Owner’s set price and is detailed in the Parking Contract section on rates and pricing models.
3. VAT
   • Prices stated on the Online Service for parking and listing a parking space include applicable VAT.

AutoPay

1. Activating AutoPay
   • By activating AutoPay, you authorize us to charge your selected payment method for each parking session at AutoPay enabled car parks.
2. AutoPay Payments
   • The tariffs for using AutoPay are displayed on signage in the car park, on our kiosks within the car park, on our website/apps, or on specific promotional material.

Park & Go

1. Taxi Reservations
   • When booking certain parking spaces through the Online Service, you can reserve a taxi upon arrival and, if required, for the return leg of your journey. These taxi reservations are fulfilled by Uber Technologies Inc.
2. Cancellation Terms
   • If you cancel the reservation at least 1 hour before the scheduled pickup time, you will receive a full refund.
   • If you cancel less than 1 hour before the scheduled pickup time, you will be charged a cancellation fee equal to the ride’s minimum fare.

Ratings and Reviews

1. Writing a Review
   • After completing a booking, Drivers can leave a public review and submit a star rating about the parking space and experience.
2. Review Content
   • Reviews must be accurate and free of offensive or defamatory language, complying with DesParking Limited’s Review Policy.
3. Review Visibility
   • Reviews and ratings are part of a Space Owner’s profile and appear on the listing page.

Space Extras

1. FastTrack Terms and Conditions
   • Conditions of Use
     • FastTrack bookings are subject to availability and the airport reserves the right to withdraw availability for any given date.
     • A copy of your confirmation email must be handed to FastTrack Lane staff.
     • The airport cannot guarantee shorter wait times in the FastTrack Lane compared to standard lanes.
     • All passengers are subject to standard security procedures.
     • DesParking Limited and the airport are not responsible for missed flights due to insufficient time allowed for check-in and security processes.
     • Use of the FastTrack Lane does not guarantee entry to the departure lounge.
     • The airport reserves the right to refuse admittance to the FastTrack Lane.
     • FastTrack service is not available to customers traveling with child transport accessories.
   • Important Information
     • Bookings can only be made by individuals aged 18 or over.
     • Bookings must be made by 10pm the day before airport arrival.
     • The price confirmed during the booking process includes VAT and other applicable taxes.
     • The booking is valid for a single passenger on the booked date.
     • Reselling or transferring a booking is prohibited.
     • Booking confirmation will be sent to the provided email address, and no refunds will be given for incorrect information or undelivered emails.
   • Cancellations & Amendments
     • FastTrack bookings cannot be cancelled or amended, nor will refunds or vouchers be offered.
     • Changes to bookings will be notified as soon as possible. The current booking can be found in your account.
     • Pricing errors can be corrected on the website and bookings made at incorrect prices may be adjusted.
   • Availability Times
     • FastTrack pass usage may be restricted to specific hours at certain airports:
       • Bournemouth: 04:00-20:00
       • Bristol: 03:00-19:00
       • Edinburgh: 04:00-00:00
       • East Midlands: 05:00-19:00
       • Liverpool: 04:00-00:00
       • Manchester: 02:30-23:00
       • Stansted: 04:00-20:00

CHANGES TO THESE TERMS

Modifications to these Terms

DesParking Limited may modify these terms at any time without prior notice. The version of the terms that will apply to your booking will be the version available on our website at the time you make your booking.

Modifications to the Website, App, and Online Service

We may update the website, app, and online service periodically. The version in effect when you place your booking will apply until the end of your current booking.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Liability We Cannot Exclude

We do not exclude or limit our liability for death or personal injury caused by our negligence, or for fraudulent misrepresentation, or any other liability that cannot be excluded by law.

Liability We Do Exclude

We strive to provide the website, app, and online service according to these terms. However, if you use the online service as a driver:

• We do not guarantee the accuracy of parking space information provided through the online service and are not responsible for inaccuracies provided by private space owners, interactions with them, or the unavailability of a parking space at the time of your booking. Refer to the relevant sections if you encounter problems with a booking with a private space owner or a commercial space owner.
• We do not own or operate the parking spaces listed on the online service and are not responsible for any personal injury or property damage resulting from your use of the online service or any booking with a space owner, to the fullest extent permissible by law.

If you use the online service as a space owner:

• We are not responsible for any personal injury or property damage you suffer in connection with your 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 incur from claims brought against you by a driver or arising from interactions with a driver related to a parking contract.

Regardless of your role in accessing our website or app, we are not responsible for:

• Interruptions or cessation of transmission to or from the website and app.
• Bugs, viruses, Trojan horses, or similar issues transmitted to or through the website or app by third parties, or any loss or damage incurred from your use of the website, app, or online service.

Business Losses

Our products are for domestic and private use only. If you use the products for commercial, business, or resale purposes, we are not liable for any business losses, including loss of profits, contracts, goodwill, opportunity, and similar losses.

Interactions with Other Users

You are solely responsible for all communications and interactions with other users of the website and app and with any persons resulting from your use of the online service.

HOW WE USE YOUR PERSONAL INFORMATION

Privacy Policy

We will use your personal information in accordance with our Privacy Policy, which can be found here.

ENDING THESE ARRANGEMENTS

Our Right to Terminate

If we withdraw the online service or close your account, these terms will end. However, the agreement terms between you and us, and the terms of any parking contract, will remain in effect for existing bookings or their consequences, including terms relating to payments, refunds, disclaimers, liability, and damage.

Your Right to Terminate

If you close your account, these terms will end. However, the agreement terms between you and us, and the terms of any parking contract, will remain in effect for existing bookings or their consequences, including terms relating to payments, refunds, disclaimers, liability, and damage.

No New Bookings

If you are a space owner, from the termination date of these terms, we will not confirm or accept new bookings for your parking space. We will relocate outstanding bookings to the nearest possible site or issue a refund at our discretion.

OTHER IMPORTANT TERMS

Transfer of Agreement

We may transfer our rights and obligations under these terms to another organization. If you have an account with us, we will inform you in writing of any such transfer, ensuring it does not affect your rights under the contract.

Your Consent to Transfer Rights

You may only transfer your rights or obligations under these terms to another person with our written consent.

No Third-Party Rights

This contract is solely between you and us. No other person has the right to enforce any of its terms.

Severability

Each paragraph of these terms operates separately. If any court or relevant authority finds any paragraph unlawful, the remaining paragraphs will remain in full force and effect.

Delay in Enforcement

If we delay enforcing any of our rights under these terms, we can still enforce them later. For example, if you miss a payment and we do not immediately chase you but continue to provide the products, we can still require you to make the payment at a later date.

Applicable Law and Jurisdiction

These terms are governed by English law, and either party can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or English courts.