Park & Ride Terms and Conditions

June 2002

Terms and Conditions for the Purple car park at Brent Road, Southall, Middlesex

You are requested to read carefully the Terms and Conditions of car parking and to follow the procedures recommended in those Terms and Conditions which are for your benefit. Should you wish to make a complaint you are requested to follow the complaints procedure set out in condition number 2 below which will ensure that your complaint is brought promptly to the attention of the management.

1. THE COMPANY'S LIABILITY

Every effort is made by means of trained staff, well maintained Vehicles and equipment, security barriers, security fences and security cameras to make the Car Parks secure and to collect and deliver customers' cars safely to and from Heathrow Airport. However, parts of the Car Parks are open to the public and, whilst staff have instructions to remove anyone not authorised to be on the premises, the Company cannot guarantee the security of your Vehicle nor its contents nor your belongings nor your personal safety.

The Company assumes that you will retain the return instructions/numbered receipt for your car in a safe place ready to present on your return. Accordingly the Company, its employees and agents;

1. Will accept liability in respect of any loss or theft of or from or misdelivery of or temporary failure to deliver or damage to your Vehicle or its contents that may arise only where the same is proved and to the extent that it is proved to be caused by their negligence, wilful act or default or breach of statutory duty and only if the loss or damage is reported before you and your Vehicle leave the premises.

2. The company will accept liability for defects to a customer's vehicle, which render the vehicle un-driveable where the same is proved and to the extent that it is proved to be caused by their negligence. The company will provide a replacement vehicle up to, but not exceeding, a small people carrier, equivalent to a Vauxhall Zafira type vehicle. Provided the customer is able to arrange fully comprehensive insurance cover for the temporary replacement vehicle, for the period the replacement vehicle is in the customer's custody, and until returned to the company.

3. In the event the company accepts liability for defects to a customer's vehicle that remains driveable, only where the same is proved and to the extent that it is proved to be caused by their negligence, the company will arrange for an independent engineer to contact the customer to arrange for the remedial work to be carried out by a repairer acceptable to both the customer, and the company. It is a requirement that the repairer provides a replacement vehicle, at the repairers expense, to the customer, for the duration of the repairs, and until the return of the customer's vehicle to the customer. The customer shall be responsible for arranging insurance cover for the vehicle provided by the repairer, that is acceptable to the repairer, for the duration of the repairs, and until such time as the replacement vehicle has been returned to the repairer by the customer.

4. The Company does not accept liability for damage to vehicles or other property arising from acts of nature as the Car Parks' open-air surface operations. Nor will the company accept responsibility for damaged windscreens or other glass, other than where the same is proved and to the extent that it is proved to be caused by their negligence.

   The company does not accept responsibility for any mechanical or electrical failure to vehicles whilst in its custody. Nor will the company accept responsibility for damaged or punctured tyres, only where it the same is proved to be caused by their negligence where the same is proved and to the extent that it is proved by their negligence, wilful default or breach of statutory duty.

5. Will accept liability in respect of the death or personal injury or loss or damage to personal belongings sustained by the customers and others in the Car Parks only where the same is proved and to the extent that it is proved to be caused by their negligence, wilful default or breach of statutory duty.

   Cannot be held responsible if you lose your return instructions/numbered receipt and this is presented to the Company by a third party who uses it to fraudulently take delivery of your car. Your attention is drawn to this exclusion of liability in our Booking Forms and notices at the Car Parks.

2. COMPLAINTS PROCEDURE

Claims cannot be considered once Vehicles have left the premises so please check your car before leaving. Should your vehicle suffer damage whilst in the Company's care or should you lose the Vehicle or any of your possessions from the Vehicle whilst it is in the Car Park you must immediately inform the Duty Manager of the occurrence and where appropriate a Report Form will be completed and dealt with by our Customer Services Manager. In cases of theft you must immediately inform the Police and notify your insurers promptly. In the unlikely event that damage is caused to your Vehicle through negligence on the part of the Company, then the Company serves the right to undertake repairs to your Vehicle on your behalf in a manner which restores it to the condition in which it arrived at the Car Park and in that event no claim by you can be made. Before submitting a claim, you are requested to check Condition No.1 and to satisfy yourself that the subject matter of your claim falls within one of the defined areas of responsibility. Failure to comply with the above procedure many prejudice your position and it should be noted that our Report Form makes no representations as to the Company's liability.

3. SECURITY OF VEHICLE AND CONTENTS AND BAGGAGE

Unless requested by the Company or one of its employees or agents not to do so, please ensure before leaving the Car Park that all the windows of your Vehicle are securely closed, that in the case of convertible cars, your hood is up and secure, with all lights and electrical equipment switched off. As far as contents are concerned, wherever possible take your possessions with you when you leave your Vehicle. If you have to leave possessions in your Vehicle do not leave them on the seats where they are visible. Put them in the boot and lock it. Even then, because of the way the Car Park has to be operated it will not always be possible to remove keys from Vehicles and, accordingly, it is a condition of acceptance of any Vehicle that you remove all loose and valuable items as we cannot accept responsibility for their loss. You are reminded that your motor insurance policy may not cover possessions in your Vehicle. for their loss. Customers are reminded that their motor insurance policies may not cover possessions in their Vehicle.

Take your luggage to the bus on which you travel to or from the airport. It is your responsibility to ensure that the driver loads and unloads all of your luggage. The company cannot therefore be liable for lost luggage nor for another customer identifying your luggage as their own.

4. PERSONAL SAFETY

Please co-operate and obey any instructions given to you in the event of a fire, fire drill or accident and refrain from smoking on the buses.

5. TIME OF ARRIVAL

You are advised to allow for sufficient journey time to arrive at the Car Park at least 30 minutes prior to the check-in time given to you by your airline, travel operator or travel agent. In standard road conditions it takes around 15 minutes to get to the terminals but we cannot be held liable for any loss you might suffer should bad traffic cause you to miss your flight. Whilst a map and directions to the Car Park are usually provided by way of assistance to you, the Company cannot in any circumstances be held liable for any loss you might suffer should you get lost and miss your flight.

6. COURTESY TO OTHER CUSTOMERS

Please drive carefully in the Car Park at not more than 5 mph and obey any directional signs. Should you damage another customer's vehicle you are requested to report the matter immediately to a Duty Manager and give him/her the registration numbers of both Vehicles. In instances where a customer causes damage to Vehicles or property in the Car Park he may become liable for the damage or loss which results. Remember that your car may one day be damaged so please do as you would be done by. Please conduct yourself in a reasonable manner. The staff have instructions to remove persons misbehaving themselves or where there is a risk someone may represent a danger to otherpeople or to property.

7. BOOKINGS PROCEDURE, PRICES, CANCELLATION AND EARLY RETURNS

A Confirmation of Booking does not entitle you to any particular space in the Car Park. Please retain the numbered return instructions/receipt card as identification of your right to drive away your car on return since, in the absence of acceptable identification, the Company reserves the right not to release the Vehicle. In any event the Company reserves the right to ask to see other acceptable identification before releasing your Vehicle.

Prices may be varied from time to time and whilst every effort will be made not to change prices during a period when they have been expressed to be valid, the Company reserves the right to change prices whether or not it gives notice of its intention to do so.

Non-arrivals and cancellations within TWENTY-FOUR HOURS of the planned arrival date will be charged in full, unless otherwise agreed in writing.

8. MOVING AND RELOCATION OF VEHICLES

You must ensure that, before leaving the Vehicle with the Company that it is in a roadworthy condition, (including tyres which meet the standards required by law), taxed and holds a current MOT if applicable. The Company reserves the right to refuse to accept a car into their care which fails to meet these conditions as this could Lead to it becoming liable under the Road Traffic Acts. You should point out to the Company any special driving attachments or car features such as disabled driver Controls, key codes, immobilisers, special starting instructions etc as we will not be liable for damage resulting from driver's lack of familiarity with them. The Company reserves the right to move your Vehicle within or outside the Car Park by driving or otherwise to such extent as the Company, its employees or agents may in their discretion think necessary for the efficient arrangement of its parking facilities at the Car Park, or in emergencies or to avoid accidents or obstructions. Ignition keys to your Vehicle must therefore be left in the Vehicle at the time of parking it. To the extent that it may be necessary to do so in the exercise of the rights conferred upon the Company under this condition the Company, its employees or agents shall have the right to drive or otherwise take the Vehicle on the public highway. The drivers are fully insured by the Company for this purpose.

9. LIENS & AGENCY

1. Every Vehicle in the Car Parks or being serviced by the Company is subject to a lien for all charges due or accruing from the Customer to the Company, and a general lien for all and any monies due from the Customers to the Company such liens to be in existence whenever the Vehicle is in the Car Parks, notwithstanding that it may from time to time have been removed. If the said lien is not satisfied by the payment, within 28 days of notice given by the Company of its intention to sell the Vehicle in default of payment, the Company may sell the Vehicle by auction or otherwise and the proceeds of sale may be applied in and towards satisfaction of all sums owing to the Company by the customer together with the expenses of the sale, and in connection with such sale the Company shall be entitled to charge reasonable garage charges in respect of the period during which the Vehicle is in the possession of the Company. Any balance of purchase price remaining after satisfaction of such sums shall be held by the Company on behalf of the registered owner of the Vehicle. Notice of intention aforesaid shall be deemed to have been properly and sufficiently given by the sending of written notice by prepaid post, addressed to the registered owner at his known address, whether or not the same is actually received.

2. Every person who enters into a contract with the Company for the parking of a Vehicle in the Car Parks, does so on behalf of themselves and all other persons having any proprietary, possessory or other financial or material interest in the Vehicle.

10. DEFINITIONS

1. The Company shall mean Purple Parking Limited whose registered office is 8 Baker Street, London W1U 3LL.

2. 'Vehicle' shall mean the Vehicle which is received into the Car Parks and shall include a car, caravan, caravanette, dormobile, mobile home, transit van, truck, motorbicycle and other mechanical device on wheels or tracks, its equipment and accessories.

3. The 'Car Parks' are the Purple Parking Car Park at Brent Road, Southall, Middx UB2 5LE and Wall Garden Farm, Sipson Lane, Sipson, West Drayton, Middx UB7 0JG.

11. VARIATIONS OF THE TERMS AND CONDITIONS

No person has any authority to vary or alter these Terms and Conditions unless such variation is in writing under the hand of the Company Secretary or a Director of the company.