Terms and Conditions

B4 CAR PARK
TERMS AND CONDITIONS OF MEMBERSHIP

These Terms and Conditions set out the terms of membership in respect of the B4 Car Park. Please take the time to read these Terms and Conditions before you agree to become a member. If you choose to become a member of the B4 Car Park you will be required to comply with these Terms and Conditions and a contract will be formed between you and us which will govern all Tickets purchased and Reservations made by you and your parking at the B4 Car Park. If you do not accept these Terms and Conditions please do not sign up to be a member.

Definitions

“B4 Member” means any person, corporate entity or other body that has a valid membership contract with the Company in respect of the Car Park and “Membership” means that membership. In these Terms and Conditions “you” or “your” is a reference to the B4 Member.
“Car Park” means the B4 car park accessed from Weaman Street, Birmingham managed by B4 Parking Ltd.
“Company” means B4 Parking Ltd (Company Number 7505254), the operator of the Car Park. In this document “we”, “us” and “our” is a reference to the Company. The Company also includes our staff and agents acting on our behalf.
“Parking Event” means a single occasion of arriving, parking and leaving the Car Park. The duration of the event (from arrival to leaving) is used to apply the Standard Parking Tariff in the absence of a B4 Member having another payment option.
“Reservation” means an advance reservation of a parking space at the Car Park in accordance with paragraph 7.
“Standard Parking Tariff” means the fee(s) payable by non-members for parking at the Car Park as displayed on the signs at the Car Park and published on the Website.
“Tickets” means the parking tickets that you, as a B4 Member, can purchase from us through the Website, the different types of which are set out in paragraph 6.
“Website” means our website www.b4parking.com.

Car Park Terms and Conditions

Your use of the Car Park is governed by our B4 Car Park Terms & Conditions, which are displayed in the Car Park and available on our Website. By becoming a B4 Member you agree to comply with the B4 Car Park Terms & Conditions in addition to these Terms and Condition of Membership.

However, if you have purchased a Ticket, you will not be required to pay the Standard Parking Tariff under the B4 Car Park Terms & Conditions, unless your Ticket has expired and you have not chosen to convert to a Pay As You Go Ticket.

How to Become a B4 Member

To become a B4 Member, you will need to register an account on our Website. You must provide accurate and complete registration information and keep that information up to date at all times. The information that you will need to provide includes your name, address, email address, phone number and vehicle registration number(s).

You are able to associate more than one vehicle registration number with a single Membership (for instance, for a B4 Member’s vehicle and the vehicle of that B4 Member’s family member).

You will also be required to provide valid payment credit or debit card details to our payment services provider, Worldpay (UK) Limited. When registering your financial details, you will be re-directed from our Website to the website of our payment services provider. We will not have access to or retain your payment details. You are responsible for ensuring that Worldpay (UK) Limited always has up-to-date payment information for you. If you do not have valid payment details on record, you will not be able to purchase Tickets or make Reservations through the Website or your payment for a Parking Event may be declined, in which case we reserve the right to refuse your entry to the Car Park until all outstanding sums have been paid.

You will need a user name and password in order to access your Membership account on our Website. It is your responsibility to keep this information secret and confidential and not to disclose it to any other person.

If you think that somebody else might know your user name or password then you must log in to your account and change these as soon as possible.

We reserve the right to disable your account at any time if, in our reasonable opinion, you fail to comply with any of these Terms and Conditions or if we consider that there may be a security risk.

Your Membership

As a B4 Member, your Membership relationship with us is governed by these Terms and Conditions.

Membership allows you to purchase Tickets from us at a preferential rate to the Standard Parking Tariff in advance of parking, access the WiFi at the Car Park free of charge, receive a free standard valet following the completion of your first Parking Event, receive offers and promotions from us (which are only available to B4 Members) and make Reservations using our Website. However, Membership does not guarantee that a car park space will be available, unless you make a Reservation.

You can cancel your Membership at any time through your Membership account on our Website. If you have a valid Ticket when you cancel your Membership, it will automatically expire when your Membership ends. You can apply for a refund of the cost of any unused full calendar months left on your Ticket by writing to us using the contact details in paragraph 13.

We reserve the right to cancel your Membership at any time at our discretion by giving you written notice by email or by post. If you have a valid Ticket when we cancel your Membership, we will refund to you an amount equivalent to any unused full calendar months left on that Ticket, less any amounts that you owe to us under these Terms and Conditions.

Ordering Tickets

Your Ticket will be valid from the commencement date that you specify when ordering your Ticket, and will remain valid for the period that you have selected (except for the Pay As You Go Ticket, which remains valid until it is cancelled).

Please note that physical Tickets are not provided – your Ticket will be associated with the Vehicle registration number that you have provided when registering your Membership account with us. You simply drive into the Car Park where your vehicle registration number will be read by our automatic number plate recognition system, which will record the time and date of your entry and your exit from the Car Park and ensure your Parking Event is in accordance with your Ticket.

At the end of the period of validity of the Ticket, your Ticket will automatically renew unless you have de-selected the auto-renewal when you purchased your Ticket. If you do choose to auto-renew your Ticket, you will be charged for your renewed Ticket using the same payment details that you provided to purchase the original Ticket.

If you are a consumer, you can change your mind (for any reason) and cancel your purchase of a Ticket within 14 days beginning on the day after you receive our confirmation email. You can cancel your purchase through your Membership account on our Website. We will refund you in full for the price of your Ticket, less an amount for any use of the Ticket that you have made in the meantime. By ordering a Ticket that commences before the end of the 14 day cancellation period, you agree that you expressly request us to provide that Ticket before the cancellation period ends.

In addition to your right to cancel under paragraph 5.4, you can cancel a Ticket at any time by writing to us using the contact details in paragraph 13. We will confirm to you by email the date when your Ticket will cease to be valid, and we will refund you an amount equivalent to the period from the end of month the Ticket is cancelled to the end of the validity of that Ticket.

Types of Ticket

Pay As You Go Ticket

  • 6.1.1 Gives you the ability to park in the Car Park at any time 365/24/7.
  • 6.1.2 The Pay As You Go Ticket remains valid until cancelled by you in accordance with paragraph 5.5.
  • 6.1.3 Each Parking Event attracts a charge based on the Standard Parking Tariff less the B4 Member’s discount rate published on the Website. All offers of a percentage reduction apply only to the Standard Tariff and not to season tickets.
  • 6.1.4 An invoice is generated and sent to you immediately after a Parking Event. Payment is collected in accordance with paragraph 10.

Flexi Season Ticket

  • 6.2.1 6.2.1 The Flexi Season Ticket is purchased in advance and is valid for a period of 3 months (a “Quarter”). For example, if you purchase a Flexi Season Ticket on 15 March it will become valid immediately and remain valid until (and including) 14 June.
  • 6.2.2 It allows you to select the number of days you can park in the Car Park during the Quarter.
  • 6.2.3 A day is calculated from midnight to midnight. You are allowed as many Parking Events as you like during any day and this only counts as the use of one day.
  • 6.2.4 A Parking Event which goes beyond midnight will count as an additional day.
  • 6.2.5 A new Flexi Season Ticket can be purchased as soon as you have you have used your allocated days even if the Quarter has not elapsed.
  • 6.2.6 If you have used all of your allocated days in the Quarter for which your Flexi Season Ticket applies, one of the following will operate depending on the option you selected when you purchased your Flexi Season Ticket:
    • 6.2.6.1 If you selected to use the Pay As You Go Ticket option after you have used your allocated days then you will automatically revert to the Pay As You Go Ticket option as set out above.
    • 6.2.6.2 If you have not selected to revert to the Pay As You Go Ticket option you will need to pay for subsequent Parking Events in accordance with the Standard Parking Tariff at one of the pay machines before leaving the Car Park.
  • 6.2.7 The Flexi Season Ticket will automatically renew at the end of its period of validity in accordance with paragraph 5.3 if you selected the auto-renewal option when you purchased it.

5 Day Season Ticket

  • 6.3.1 The 5 Day Season Ticket is purchased in advance and valid for either a year, a Quarter or a calendar month.
  • 6.3.2 It allows you to park in the Car Park from midnight on Sunday to midnight on Friday and allows as many Parking Events during that period as you like.
  • 6.3.3 If you park outside of the allowed days (if you are parked in the Car Park on Saturday or Sunday) one of the following will operate depending on the option you selected when you purchased your 5 Day Season Ticket:
    • 6.3.3.1 If you selected to use the Pay As You Go Ticket option outside the allowed days then you will automatically revert to the Pay As You Go Ticket option as set out above.
    • 6.3.3.2 If you have not selected to revert to the Pay As You Go Ticket option you will need to pay for subsequent Parking Events in accordance with the Standard Parking Tariff at one of the pay machines before leaving the Car Park.
  • 6.3.4 The 5 Day Season Ticket will automatically renew at the end of its period of validity in accordance with paragraph 5.3 if you selected the auto-renewal option when you purchased it.

7 Day Season Ticket

  • 6.4.1 The 7 Day Season Ticket is purchased in advance and valid for either a year, a Quarter or a calendar month.
  • 6.4.2 6.4.2 It allows you to park at any time in the Car Park seven days a week. You are allowed as many Parking Events during that period as you like.
  • 6.4.3 6.4.3 The 7 Day Season Ticket will automatically renew at the end of its period of validity in accordance with paragraph 5.3 if you selected the auto-renewal option when you purchased it.

Please note that each type of Season Ticket can only be associated with a single vehicle registration number. If you wish to change the vehicle registration number for a Season Ticket, you will need to pay us an administration fee of £25 for each change.

Reserving a Space

You can make a Reservation of a parking space in the Car Park in advance for a specified day. The Reservation is made through the Website. The charge for a Reservation is as set out on the Website from time to time. The Reservation charge is only for the reservation of a parking space and you must still hold a valid Ticket for your Parking Event. We will confirm the date of your Reservation (but not the specific parking space) by email.

We will advise you of the specific parking space reserved for you by email (and text if selected) around midnight the night before the day you have selected for your Reservation. On entry to the Car Park the location of your reserved space will be confirmed.

The parking space will be reserved and kept vacant for you to use on the day you have reserved the space. However, you must have parked in the reserved space by no later than 11.00pm on the day of your Reservation, otherwise we will be entitled to use the space for other customers. We will also be entitled to use the space for other customers if you leave the reserved space after you have parked.

If you are a consumer, you can change your mind (for any reason) and cancel your Reservation within 14 days beginning on the day after the day you receive our confirmation email under paragraph 7.1. However, you lose the right to cancel if the Reservation is for a day during the 14 day cancellation period and you make use of that Reservation to park. You can cancel your Reservation through your Membership account on our Website. We will refund you in full for the Reservation charge. By making a Reservation that commences before the end of the 14 day cancellation period, you agree that you expressly request us to provide that Reservation before the cancellation period ends.

WiFi

We provide free WiFi coverage in the Car Park for the use of B4 Members. As a B4 Member you are able to connect to our WiFi by logging in with your Website username and password.

To try and ensure availability of the WiFi service to all B4 Members, we may limit the speed of each user’s WiFi connection. We therefore cannot guarantee the speed or reliability of your connection.

You must not use our WiFi service:

  • 8.3.1 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • 8.3.2 for the purpose of harming or attempting to harm minors in any way;
  • 8.3.3 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • 8.3.4 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
  • 8.3.5 to send, knowingly receive, upload, download, use or re-use any material which contains any material which is:
    • 8.3.5.1 defamatory of any person;
    • 8.3.5.2 obscene, offensive, hateful or inflammatory;
    • 8.3.5.3 promotes sexually explicit material;
    • 8.3.5.4 promotes violence;
    • 8.3.5.5 promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    • 8.3.5.6 infringes any copyright, database right or trade mark of any other person;
    • 8.3.5.7 promotes any illegal activity;
    • 8.3.5.8 is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety;
    • 8.3.5.9 is likely to harass, upset, embarrass, alarm or annoy any other person;
    • 8.3.5.10 is used to impersonate any person, or to misrepresent your identity or affiliation with any person;
    • 8.3.5.11 gives the impression that it emanates from us, or advocates, promotes;
    • 8.3.5.12 or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

We reserve the right to withdraw the WiFi service at any time. We also reserve the right to block access to the WiFi service to any B4 Member who uses the service in any of the ways prohibited by paragraph 8.3.

Payments and Refunds

Payment for Tickets and Reservations are handled by our payment services provider, Worldpay (UK) Limited using the payment details you have provided to them.

If you park without a valid Ticket you will be required to pay for your Parking Event in accordance with the Standard Parking Tariff at one of the pay machines before leaving the Car Park. Failing that, you will be able to pay online within 24 hours of exiting the Car Park. If payment still remains outstanding more than 24 hours after you exit the Car Park, we will invoice you for the Standard Parking Tariff and take payment using the payment details associated with your Membership.

If we are unable to take payment, we will contact you using the details you have provided to arrange payment. In this circumstance, we are entitled to charge you an additional £25 administration fee to cover our costs.

Any refund to you of any amounts you have paid to us will also be handled by our payment services provider. Refunds will be made to the payment method you used to make payment, unless you agree otherwise with our payment provider.

Our Responsibilities to You

We will use reasonable skill and care in performing our obligations under these Terms and Conditions.

If you are a consumer and we fail to comply with these Terms and Conditions, we will be responsible to you for:

  • 11.2.1 any loss or damage that you suffer that is a foreseeable result of our breach of these Terms and Conditions. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time the contract between us was formed;
  • 11.2.2 any loss or damage that you suffer as a result of our negligence (or the negligence of our employees or agents); and
  • 11.2.3 death or personal injury caused by our acts or omissions (or the acts or omissions of our employees or agents). However, we will not be responsible to you for any business losses or any other losses that were not reasonably foreseeable at the time of entering into a contract with you.

If you are not a consumer, we will not be liable to you in respect of:

  • 11.3.1 any direct or indirect economic or business losses, including loss of profit, loss of anticipated savings, loss of revenue, loss of business or any indirect, special or consequential losses howsoever arising; or
  • 11.3.2 any loss and/or damage to your Vehicle or death or personal injury to you unless it is proved to be caused by our negligence (or the negligence of our employees or agents).
Nothing in this paragraph will exclude or limit our liability to you for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, our liability.

If you believe you have a claim against us please contact us using the details set out in paragraph 13 below.

Variation of Terms and Conditions

We reserve the right to change these Terms and Conditions at any time. If you do not agree with any changes to these Terms and Conditions you have the right to cancel your Membership under paragraph 4.3.

We reserve the right to withdraw our Membership scheme at any time.

General Enquiries and Complaints

In writing to: B4 Parking Ltd, 4 John Feeney Arcade, Post & Mail, Weaman Street, Birmingham B4 6FE.
Telephone: 0121 796 1881

Entire Agreement

This paragraph 14 will not apply to you if you are a consumer.

These Terms and Conditions constitute the entire agreement between you and us and supersede any prior agreement or arrangement in respect of your Membership and:

  • 14.2.1 you have not entered into this arrangement in reliance upon, and will have no remedy in respect of, any misrepresentation, representation or statement (whether made by us or any other person and whether made to you or any other person) which is not expressly set out in these Terms and Conditions; and
  • 14.2.2 nothing in this paragraph 14 will be interpreted or construed as limiting or excluding the liability of any person for fraud or fraudulent misrepresentation.

All warranties, conditions and other terms implied by law (whether by statute, common law or otherwise) are excluded from these Terms and Conditions.

Applicable Law

If you are a consumer these Terms and Conditions are governed by the law of England and Wales and the courts of England and Wales have non-exclusive jurisdiction to determine any dispute arising out of or in connection with them. If you are resident in Scotland you may also bring proceedings in Scotland and if you are resident in Northern Ireland you may also bring proceedings in Northern Ireland.

If you are a business user these Terms and Conditions (and any non-contractual obligations arising out of or in connection with them) are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with them (including without limitation in relation to any non-contractual obligations).