the uk premium & vip valet parking service
these terms & conditions apply to and will form the terms and conditions for the provision of our service at a venue. the client has, by using our services agreed to these terms and condition and has also confirmed all of their guests or attendees have been advised in advance of our terms and conditions and you, the user, also agree to these terms and conditions. by using our services, you reiterate your agreement to these terms and conditions. any additional terms and conditions relating to specific services are in addition to and expected and intended to, coexist with these terms and conditions. these general terms and conditions are between us and the service recipient and come into force and are effective from and terminate on the date(s) and time(s) as listed on service recipient served documentation including the paid invoice.
in these general terms & conditions:
"vp", "the company", "we", "us" and "the service provider" shall be a reference to valetparked.co.uk Limited, whose registered office is clockhouse, dogflud way, farnham, surrey. gu9 7ud whose preferred communication method is email (registered/signed for post by prior arrangement) and each other operating company in the vp group of companies
"the guest" or "user(s)" or "the driver", means a person who uses our service and who is the direct user of the service
"service recipient" means a person or organisation who has entered into a contract with us for our services and has paid for those services
"our driver" means the driver who is providing the valet parking services and or associated services to the customer
"booking" means the reservation and payment for the services
"service" means the provision of the services by us
"our general terms & conditions" means these terms and conditions
"our parking terms & conditions" means the terms and conditions during our parking service detailed here and are in addition to these terms and conditions
"our designated driver terms & conditions" means the terms and conditions for our designated driver service detailed here and are in addition to these terms and conditions
"venue" means the location where the service is carried out and operates from
"meet and greet point" means the collection and delivery point at the venue for the operation of the service
"service area" means the area within the venue for the operation of the service
"vehicle(s)" means any vehicle used to convey passengers or items that uses the valetparked.co.uk ltd service including any mechanical device on wheels or tracks, its equipment, accessories and everything that may be left in or on it
"property" means any item or items that uses or is the subject of the service providers service including any mechanical device on wheels or tracks, equipment, accessories and everything that may be left in or on it
"our custody and control" means when we are actually in receipt of your vehicle or property in order to carry out the service
"parking area" means the location that the vehicle is parked in during the service.
3.1 when using the service, the service recipient and your guests must be polite, respectful, considerate and responsible at all times. the service recipient and your guests will not be abusive or intimidating at any time. the service recipient and your guests must also ensure that the car is empty of all passengers, any children and animals when ever the service is in operation. the service recipient and your guests must take care to be aware of all vehicles in motion within and around the meet and greet point. prior to the service provider driving your vehicle to the parking area, it is the service recipient and your guests responsibility to:
3.1.1 be fully aware of and comply with, our additional valet parking terms and conditions and designated driver terms and conditions;
3.2 the service recipient must ensure that all invoices presented to the service recipients by the service provider are paid promptly on demand and in full, without deduction. payment by credit card has an additional 2.75% charge and is limited to £10,000.
3.3 the service recipient agrees and confirms by using the service provider that services will not proceed without full payment in advance and that the service can be terminated at any time, without notice being required from or without liability falling upon the service provider in any form or as a consequence of the immediate termination of services, due to a failure by the service recipient to make full payment of said presented invoices. the service provider's rights to recover outstanding invoice(s) and additional costs is hereby agreed by both parties to be not effected by said termination
3.4 the service recipient agrees and confirms by using the service provider that all and any additional services incurred during the service and subsequently invoiced for by the service provider will be paid by the service recipient in full within 7 days.
3.5 the service recipient agrees that an extension period of 14 days for the service recipient to pay will be automatically added at an extra cost of £250 if at the end of the 7 day period, any service provider invoices remain unpaid.
3.6 any car park charges incurred during the course of the service will be, for the convenience of the service recipient and to prevent service interruption and service recipient distress, paid for on demand by the service provider and invoiced at the termination of the service, with an additional 10% administration charge and paid in full by the service recipient, without deduction within 7 days of invoice date
3.7 the service recipient agrees to identify an appropriate area having not less than 150 sqm for the purpose of stacking arriving cars and providing valet parking service during the event/events. the service recipient also agrees to identify an appropriate area, suitable for the expected and agreed vehicle numbers, for the purpose of parking arriving cars for the valet parking service during the event/events. if the service recipient also requires the service provider to park all guests cars on the surrounding streets, where free parking is available, the service provider will not be responsible for any parking liabilities incurred due to the location chosen by the service provider. .
3.8 the service recipient shall ensure the parking area is free from any liens prior to the arrival of the service provider. the service provider will show best endeavours to keep the parking area is free from any liens arising out of any work performed, materials furnished or obligations incurred by the service provider. the service recipient shall indemnify the service provider in connection with any such liens.
3.9 should the service recipient fail to comply with any of the above terms, the service provider reserves the right to immediately terminate the service, regardless of the circumstances, for which no refund will be made.
4.1 the service provider is responsible for ensuring that we and our representatives act carefully and professionally at all times during the operation of our service and that our representatives are insured for any loss or damage to your property which occurs as a result of our negligence during that process.
4.2 the service provider will provide all the necessary clothing, equipment, tools, signage and furniture for the execution of the service as part of the specification package. these items can not be deleted or altered from the specification package or the service without written agreement from the service provided at least 48 hours in advance of the project. .
4.3 we will not be held responsible for any claims or losses as a result of the choice of venue or service area, this includes, but is not limited to, fines, parking infringements charges or any other charges.
4.4 we will not be held responsible for any claims of any nature below £250.00 (two hundred and fifty pounds) including any alleged minor cosmetic damage.
4.5 we will pay for the reasonable cost of repairing any damage to the service recipient's or user's property which is caused by the proven negligence of our representatives while they are providing the service, but the aggregate liability of us to you shall be limited to £1,000 (one thousand pounds).
4.6 we cannot accept liability for any mechanical, electrical or structural failure of any part of the service recipient's or user's property howsoever caused. any list of possible examples detailed is not exhaustive.
4.7 we do not take any responsibility for deterioration in the condition of the service recipient's or user's property during the service.
4.8 except as set out in this clause 4, we do not accept liability for damage to the service recipient's or user's property (whether caused accidentally or by way of vandalism) after the the service recipient's or user's property has been returned to the service area or the service provider has left the venue.
4.9 we accept no liability for any loss or damage whatsoever caused unless proved to be caused by the negligence of our employees.
4.10 we do not accept liability for theft of or from the service recipient's or user's property.
4.11 the complete condition of the the service recipient's or user's property is not routinely checked and no responsibility is accepted for the complete condition of the service recipient's or user's property or parts/accessories.
4.12 all services are provide to the user based on a first come, first served basis, unless a specific booking has been agreed in writing, in advance by the service provider.
4.13 the service provider does not accept any responsibility for delays of the service, caused as a result of circumstances beyond our control, such as unexpectedly large user numbers, an unannounced change in user numbers, traffic congestion, delayed event start or finish, road accidents, security alerts, severe weather conditions or understaffing as ordered by the service recipient. this list is not exhaustive.
4.14 the service provider will not be responsible for any minor scratches, marks, blemishes or dents (whether marked on documents/visible on videos or not) on the service recipient's or user's property which may not be possible to identify in confined spaces, times and weather conditions.
4.15 the service provider has no liability for any faulty cars alarm fobs, house or any other keys or valuables which are left on key rings or inside the service recipient's or user's property.
4.16 any claims for damages must be reported immediately to and acknowledged in writing by the service provider staff upon discovery of the issue and prior to leaving the venue.
4.17 any claims will not be considered in the case they are reported after the service recipient's or user's property has been returned to the service area and returned to your possession or if there is a delay in reporting any claims that cannot be verified by the service provider.
4.18 in the event that the service recipient's or user's property needs to be repaired as result of our negligence, it must be carried out by our own approved organisation. it will be the service recipient's or user's responsibility to deliver and collect their property from the repair location at their own cost. the service provider will not authorise or agree for any works to be carried out by original manufacturers even in the event of the service recipient's or user's property forgoing its warranty. the service provider will not make cash payments, but instead directly to the repairing party.
4.19 we cannot guarantee the safety of the service recipient's or user's property nor their contents. be aware that the service area and venue may be unsecured.
4.20 the service provider does not accept any liability if the service recipient or user loses any identification marker provided to the service recipient or user at the outset of the service and this is presented to the service provider by a third party who uses it fraudulently to take the service recipient's or user's property or use the service providers service.
4.21 the service recipient's or user's property loss or damage should all be covered by the service recipient's or user's own insurance. no service recipient's or user's property will be covered for theft/fire/flood/malicious damage or any other intervening act of nature against the service recipient's or user's property during the service provider's service. such cases will revert back to the service recipient's or user's insurer.
4.22 the service provider will endeavour to compete the service within a reasonable period of time and using the most efficient reasonable methods, depending on uncontrollable factors such as unexpectedly large user numbers, an unannounced change in user numbers, traffic congestion, delayed event start or finish, road accidents, security alerts, severe weather conditions or understaffing as ordered by the service recipient. this list is not exhaustive. during the busy period it may take longer.
4.23 the service provider will not refund charges or any expenses for any delays on collection and delivery of the service recipient's or user's property.
5.1 the service provider shall provide its services and meet its obligations under this contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the service provider’s community and region and will provide a standard of care equal to, or superior to, care used by service providers similar to the service provider on similar projects.
6.1 the occurrence of any of the following shall constitute a material default under this contract:
6.1.1 the failure to make a required payment when due.
6.1.2 the insolvency or bankruptcy of either party.
6.1.3 the subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
6.1.4 the failure to make available the valet parking area, service area or deliver the services in the time and manner provided for in the invoice.
6.1.5 verbal or physical abuse or threats made to any service provider staff by guests, staff members, contractors, visitors of the service recipient or any other party on the site of the services provided.
7.1 in addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of these terms (including without limitation the failure to make a monetary payment when due), the other party may terminate the agreement by providing written notice to the defaulting party. these terms shall describe with sufficient detail the nature of the default. the party receiving such notice shall have 2 (two) days from the effective date of such notice to rectify the default(s). unless waived by a party providing notice, the failure to rectify the default(s) within such time period shall result in the automatic termination of the service and contract.
8.1 if performance of these terms or any obligation under these terms is prevented, restricted, or interfered with by causes beyond either party’s reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. the term Force Majeure shall include, without limitation, acts of god, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labour disputes, or supplier failures. the excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. an act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
9.1 subject to the service recipient’s obligation to pay for the service to the service provider, either party’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with these terms or the performance or observance of its obligations under these terms and every applicable part of it shall be limited in aggregate to the service cost.
9.2 without prejudice to the foregoing the company shall in no circumstances be liable for any loss, damage, costs or expenses which exceed in the aggregate the price of the service.
9.3 nothing in this provision will serve to limit or exclude either party’s liability for death or personal injury arising from its own negligence.
9.4 the customer agrees to at all times, mitigate any losses and expenses where a dispute has arisen.
10.1 any controversies or disputes arising out of or relating to these terms and conditions shall be resolved by binding arbitration in accordance with current Commercial Arbitration Procedures. the parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these terms and conditions. in the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. the arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. all documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. the arbitrator(s) shall not have the authority to modify any provision of these terms and conditions or to award punitive damages. the arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. the decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. the agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. during the consideration of any arbitration proceeding, the parties shall continue to perform their respective obligations under these terms and conditions.
11.1 these terms and conditions in addition to the valet parking terms and conditions and designated driver terms and conditions contain the entire terms and conditions of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of these terms and conditions. these terms and conditions supersede any prior written or oral agreements between the parties.
12.1 if at any time any one or more of the provisions of the above clauses or sub-clauses of these terms and conditions will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable the validity and enforceability of the remaining clauses and/or sub-clauses hereof shall not in any way be affected or impaired thereby. if a court finds that any provision of these terms and conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
13.1 these terms and conditions may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
14.1 these terms and conditions and each and every terms and conditions and or contract containing them shall be governed by the Laws of England and the service recipient and user will submit to the jurisdiction to the English Courts.
15.1 any notice or communication required or permitted under these terms and conditions shall be sufficiently given if delivered by secured, signed for post (by prior arrangement) or by certified email, return receipt requested, to the corresponding address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
16.1 the failure of either party to enforce any provision of these terms and conditions shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of these terms and conditions.
17.1 these terns and conditions and any additional contract shall be agreed and if required, signed on behalf of service recipient by a person of director level or similar, and on behalf of the service provider by person of director level or similar.
18.1 if the service recipient requests specific requirements of the service provider which are not paid for, the service provider will use it’s best endeavours to for fill this request, but compliance is not guaranteed nor a contractual obligation.
18.2 subject only to the provisions of these conditions no statement undertaking warranty or condition express or implied by law, trade, custom or otherwise shall apply to these terms and conditions.
18.3 the service recipient or user shall indemnify the company against all actions, claims or demands by third parties against the company howsoever arising directly or indirectly in respect of or in connection with the service/goods or the contract by the company to supply the same upon the terms and conditions herein contained.
18.4 when the service recipient or user receives the service confirmation of booking, the terms which apply are those which were on the website at that time. the service recipient or user should not assume that the terms which applied on one occasion when the service recipient or user last used our service will continue to apply when the service recipient or user next uses our service. the terms and conditions can be changed at any time.