Terms and Conditions of Membership

B4 CAR PARK

TERMS AND CONDITIONS OF MEMBERSHIP

Introduction

The B4 car park (“Car Park”) is on private land and is open to the public to use 24 hours a day, seven days a week. The Car Park is operated by B4 Parking Ltd.

B4 Parking Ltd (“B4”) allows users of the Car Park to become B4 Members subject to complying with these terms and conditions. B4 Members pay a fee known as a Parking Tariff for parking in the Car Park and, where appropriate, an Additional Fee if there has been a breach of these terms and conditions.

B4 aims to provide a high quality parking experience. Membership offers the convenience of automatic payment, a reduced Parking Tariff and the ability to buy Season and Flexible Season Tickets.

This document sets out the terms of your B4 membership (“Terms and Conditions”) in respect of your use of the 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 B4 Member a contract is formed between you and B4 that governs your use of the Car Park. You will be required to comply with these Terms and Conditions. If you fail to comply with these Terms and Conditions, you will be in breach of contract.

If you do not accept these Terms and Conditions, you cannot become a B4 Member.  If you are a B4 member and no longer agree with these Terms and Conditions you must de-activate your Membership. If you do not de-activate your Membership you are bound by these Terms and Conditions.

1.     Definitions

“Additional Fee” means the additional amount payable by you as a result of your breach of these Terms and Conditions. The Additional Fee provisions are set out in Schedule 3.

“ANPR” means Automatic Number Plate Recognition.

“B4 Member” means any person, corporate entity or other body that has a valid membership 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.

“B4 Member Tariff” means the Pay As You Go fee(s) payable by B4 Members for each Parking Stay when using the Car Park as displayed on the Website.  The B4 Member Tariff is at a discounted rate to the Standard Parking Tariff.

“Car Park” means the B4 car park on private land accessed from Weaman Street, Birmingham. The car park is operated by B4 Parking Ltd.

“CCTV” means Closed Circuit Television Cameras.

“Consideration Period” means the time allowed for a customer who is not a B4 Member to read the Terms and Conditions displayed at the Car Park.  In the case of Membership, governed by these Terms and Conditions, a Consideration Period is not applicable as you agree to these Terms and Conditions of Membership at the point you sign-up and become a B4 Member.

“Company” or “B4” 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. The Company is a member of the British Parking Association (membership number 30833).

“Day” means from 00.00:00 to 23.59.59.

“Entry Time” means the time (and date) recorded by the ANPR/CCTVcameras when a Vehicle enters the Car Park that defines the start of a Parking Stay.

“Exit Time” means the time (and date) recorded by the ANPR/CCTV cameras when a Vehicle exits the Car Park that defines the end of a Parking Stay.

“Optomany” means one of our Payment Service Providers; Optomany Limited.

“Parking Stay” or “Stay” means a single occasion of a Vehicle arriving, entering and leaving the Car Park. The duration of the Parking Stay (from arrival to leaving) is the time between the Entry Time and Exit Time. The duration of the Parking Stay is used to apply the B4 Member Tariff in the absence of a B4 Member having another payment option (such as a Season Ticket).

“Pay As You Go” means the option to make payment for each Parking Stay as it arises.

“Payment Agreement” means the agreement between you and one of our Payment Service Providers that allows you to pay for the services we provide.

“Payment Service Provider” means a third-party company that facilitates online payment methods.  This is currently Optomany Limited and Worldpay (UK) Limited.

“Parking Tariff” means the fee(s) payable calculated by applying the duration of the Parking Stay to the applicable Standard Parking Tariff or B4 Member Tariff.

“Reservation” means an advance reservation of a parking space at the Car Park in accordance with Section 4.

“Standard Parking Tariff” means the Pay As You Go fee(s) payable by customers who are not B4 Members for using the Car Park or any Vehicle used by a B4 Member when the Vehicle is not associated with their B4 Membership or there is no Valid B4 Members Account. The Standard Parking Tariff is displayed on the signs at the Car Park and on the Website.

“Terms and Conditions” or “Terms and Conditions of Membership” means reference to this agreement setting out the basis of the contract between B4 and a B4 Member.

 “Tickets” means Season Tickets and Flexible Season Tickets (also referred to as ‘Flexi Tickets’) that you, as a B4 Member, can purchase from us through the Website.

Valid B4 Members Account” means a completed Members Account and a  Payment Agreement with a current (in date) debit or credit card that has sufficient funds available to pay your Parking Tariff or any other sums due.

“Vehicle” means any motor vehicle, including motor cycles and including any equipment, attachments or accessories to that vehicle, which is brought into the Car Park.

“VRN” means vehicle registration number.

“Website” means our website www.b4parking.com.

“Weekday Tariff” means the tariff applied from 00:00:00hrs Monday until 23:59:59hrs the following Friday. The weekday tariff applies to that part of a vehicle’s stay which occurs within this time period.

“Weekend Tariff” means the tariff applied from 00:00:00hrs Saturday until 23:59:59hrs the following Sunday. The weekend tariff applies to that part of a vehicle’s stay which occurs within this time period.

“Worldpay” means one of our Payment Service Providers; Worldpay (UK) Limited.

2.     These Terms and Conditions

2.1            Your use of the Car Park as a B4 Member is governed by these Terms and Conditions and any other relevant instructions/requirements displayed in the Car Park or on our Website.

2.2       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 must de-activate your Membership under paragraph 3.20 otherwise you will be bound by these Terms and Conditions.

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

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

2.5       The expressions in this agreement that indicate requirement on you to do something (or not as the case may be) creates a binding obligation on you. Failure to comply is a breach of these Terms and Conditions. The consequence of such a breach is set out in Schedule 3.

2.6       You have not entered into these Terms and Conditions 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 nothing in this paragraph 2 will be interpreted or construed as limiting or excluding the liability of any person for fraud or fraudulent misrepresentation.

2.7       All warranties, conditions and other terms implied by law (whether by statute, common law or otherwise) are excluded to the extent they can be excluded from these Terms and Conditions.

3.         B4 Membership – Account Setup & Administration

3.1       To become a B4 Member, you must create an account on our Website. You must provide accurate and complete registration information that includes your name (business name if applicable), address, email address, phone number and VRN(s).  You will also be directed to set up a Payment Agreement with our Payment Service Provider, to enable payment for your Parking Stay(s). Please note that payments cannot be made using American Express (Amex).  The following payment cards are accepted by our Payment Service Providers: Mastercard, Visa and Maestro. Attempts to pay with any other card is not allowed and if used would be a breach of these Terms and Conditions.

3.2       We will communicate with you electronically in various ways, such as by email, text or by posting messages or communications on the Website. For contractual purposes you agree that all communications in respect of these Terms and Conditions, agreements, notices, disclosures and all other correspondence that are provided to you electronically satisfy any legal requirement that such communication be in writing, unless mandatory applicable laws specifically require a different form of communication.

3.3       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. When you create a B4 Member account we will send a verification code to your email address.

3.4       If you think that somebody else might know your password you must log in to your account as soon as possible and change it.

3.5       You must keep all of your account information up to date and you must have a Valid B4 Members Account at all times.

3.6       You must ensure that emails we send from info@b4parking.com are not blocked (sent to junk, trash, or bin etc). Our primary method of communication with you is via email. If we send an email to you then you are deemed to have received it.  Your failure to access or read emails sent to you will not be accepted as grounds for a review of the Additional Fee that may be issued in accordance with these terms and conditions.

3.7       You are able to associate more than one VRN with a single B4 Membership (for instance, for a B4 Member’s Vehicle and the Vehicle of that B4 Member’s family, a hired vehicle, a company vehicle etc.).

3.8       You are responsible for managing all Vehicles on your account including the deletion of Vehicles you no longer want to pay for (for example a Vehicle you no longer own).  Your failure to delete Vehicles on your account you no longer want to pay for will not be accepted as grounds for a review of the Additional Fee that may be issued in accordance with these terms and conditions.

3.9       You will be liable to pay for any/all Vehicles associated with your B4 Membership.

3.10     If you are a B4 Member but use the Car Park in a Vehicle not associated with your Membership, you will be liable to pay the Standard Parking Tariff for that Vehicle in accordance with the standard B4 Car Park Terms and Conditions.

3.11     Payment Agreement. You must provide and maintain valid payment credit or debit card details with one of our Payment Service Providers. Please note that payments cannot be made using American Express (Amex).  The following payment cards are accepted by  our Payment Service Providers: Mastercard, Visa and Maestro. Attempts to pay with any other card is not allowed and if used would be a breach of these Terms and Conditions. When registering your financial details, you will be presented with a form provided by our Payment Service Provider. To protect your security, we will not have access to or retain your payment details. The Payment Service Provider stores your card details and provides B4 with a token referencing your card details. B4 stores this token against your account. You are responsible for ensuring that your Payment Agreement always has up-to-date payment information for you and that you have adequate funds available on your credit or debit card to pay the Parking Tariff. You must always maintain a Valid B4 Members Account. If you do not have valid payment details on record and adequate funds, you will not be able to pay for your Parking Stay, purchase Tickets or make Reservations through the Website.  In the case of Pay As You Go your payment for a Parking Stay may be declined by the Payment Service Provider, in which case we reserve the right to issue an Additional Fee and thereafter refuse your entry to the Car Park until all outstanding sums have been paid.

3.12     We reserve the right to de-activate your account at any time if, in our reasonable opinion, you fail to comply with any of these Terms and Conditions. If your B4 Membership is de-activated you will cease to be a B4 Member and you will not have access to any of the B4 Member benefits.

3.13     B4 Membership allows you to pay for parking on a Pay As You Go basis (see Schedule 1), purchase Tickets in advance of exiting the Car Park (see Schedule 2), access the WiFi at the Car Park free of charge, receive offers and promotions from us (which are only available to B4 Members) and make Reservations when the Reservations facility is available. Membership does not, however, guarantee that a car park space will be available, unless you make a Reservation (subject to events beyond our control).

3.14     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 time left on that Ticket, calculated on a pro rata basis less any amounts that you owe to us under these Terms and Conditions.

3.15     As a B4 Member you must associate a VRN to your Membership account in order to benefit from the B4 Member Tariff. The B4 Member Tariff remains valid for that Vehicle until you delete the VRN from your account or you purchase a Ticket for that Vehicle.

3.16     As a B4 Member you must associate a Vehicle (VRN) to a Ticket you purchase (if any).

3.17     Each Parking Stay for a Vehicle only attracts a fee (Parking Tariff) based on the B4 Member Tariff if there is a VRN associated to a Membership. Any Parking Stay for a Vehicle not associated with a Membership will be dealt with under the standard B4 Car Park Terms and Conditions and will be charged at the Standard Parking Tariff. Payment for any Vehicle not associated with your Membership must be made at the pay machine before leaving the Car Park.

3.18     All offers or promotions that apply a reduction are only available at the point of sale. All renewal or subsequent purchases will be at the prevailing rate at the time.

3.19     An invoice is generated and emailed to you immediately after a Pay As You Go Parking Stay that is not covered by a Season or Flexi Ticket.

3.20     De-activating your Membership has the effect of cancelling your Membership and your Payment Agreement.  To de-activate your Membership please send an email request to info@b4parking.com.

4.         Reserving a Space

4.1       When the Reservation facility is available, you can reserve a parking space in the Car Park in advance for a specified day or days. 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 pay the Parking Tariff or hold a valid Season or Flexi Ticket for your Parking Stay. We will confirm the date of your Reservation (but not the specific parking space) by email.

4.2       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.

4.3       The parking space will be reserved and kept vacant for you to use on the day(s) 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. As soon as you vacate the reserved space on the day of your Reservation your Reservation will be deemed expired and we will be entitled to use the space for other customers after you have vacated the parking space.

4.4       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 4.1. 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 by contacting us via email or phone using the details in paragraph 10. 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.

5.         WiFi

5.1       We provide free WiFi coverage in the Car Park for the use of B4 Members.

5.2       We cannot guarantee the speed, security or reliability of your connection to our WiFi service.

5.3       You must not use our WiFi service:

in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

for the purpose of harming or attempting to harm minors in any way;

to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

to knowingly transmit any data, send or upload any material that contains viruses or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or

to send, knowingly receive, upload, download, use or re-use any material which contains any material which is defamatory, obscene, offensive, hateful, inflammatory, promotes sexually explicit material, promotes violence, promotes discrimination, infringes any copyright, database right or trade mark of any other person, promotes any illegal activity, is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety, is likely to harass, upset, embarrass, alarm or annoy any other person, is used to impersonate any person, or to misrepresent your identity or affiliation with any person, gives the impression that it emanates from us, or advocates, promotes; or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

5.4       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 at any time at our discretion.

6. Securing your Vehicle

6.1       You are responsible for securing your Vehicle. When you park your Vehicle, please make sure that you:

6.1.1  lock your Vehicle and make sure all windows and doors are closed; and

6.1.2  remove valuables and possessions from your Vehicle whenever possible. If this is not possible, please move items out of sight. For example, lock them in the boot.

What to do if your car or possessions are stolen or damaged or you are hurt

6.2       Immediately inform a member of staff. Send an email to info@b4parking.com. In the case of serious injury/accident ring 999 for the emergency services.

6.3       In the case of theft, report it to the police and obtain a crime reference number.

What to do if you damage another Vehicle or part of the Car Park

6.4       Send an email to info@b4parking.com.

6.5       You must notify the owner(s) of the other vehicle(s). Leave a note on the windscreen leaving details of the incident and your contact details.

6.6       If you damage the Car Park, any equipment in the Car Park or another Vehicle in the Car Park, you will be responsible to pay all costs and expenses resulting from such damage, including (but not limited to) all repair and administration expenses incurred by us.

6.7       We may ask you to remain in the Car Park whilst we investigate any incident (for example, alleged damage caused to the Car Park or another customer’s vehicle). You will not be charged for any additional time that we ask you to wait in the Car Park.

6.8       If we find your Vehicle to be leaking oil and causing damage to the Car Park you will be requested to have the leak repaired prior to your next visit to the Car Park.

What to do if you see an incident in the Car Park

6.9       Should you become aware of any damage caused by someone else, broken equipment (e.g. lights not working, lift out of service), spillage on the floor, inappropriate behaviour etc. then send an email to info@b4parking.com.

7.         Relocation of your Vehicle

7.1       We reserve the right to move any Vehicle in the Car Park using any available method if we believe it is reasonably necessary for the safe operation of the Car Park or for the safety of people or property if a Vehicle is parked in breach of these Terms and Conditions or is causing an obstruction.

7.2       This right extends to moving your Vehicle to the public highway if we consider it appropriate.

8.         CCTV and ANPR Equipment

8.1       We use CCTV cameras in the operation of the Car Park for the purposes of managing the car park, crime prevention and the safety of Car Park customers. We use the ANPR equipment to establish when your Vehicle enters and exits the Car Park to record the Entry Time and Exit Time.

8.2       The ANPR equipment is set to record only images of your Vehicle’s registration number. However, it is possible that the ANPR Equipment may also record images of you or any passengers in your Vehicle.

8.3       By using the Car Park and agreeing to these Terms and Conditions you consent to us using CCTV cameras and the ANPR equipment as described in this paragraph 8, and you confirm that any passengers in your Vehicle also consent. If you do not agree to our use of CCTV or the ANPR equipment you cannot use the Car Park.

8.4       It may be necessary (particularly during the winter months) for B4 staff to clean the VRN plates of customers’ Vehicles whilst they are parked, to enable them to be read correctly by the ANPR equipment.  By using the Car Park you authorise us to clean your VRN plate.

9.         Our Responsibilities to You

9.1       We will use reasonable skill and care in performing our obligations under these Terms and Conditions.  We will not be responsible for things outside our reasonable control.

9.2       We do not guarantee that a car parking space will be available on entry to the Car Park.

9.3       We reserve the right to refuse admission to the Car Park at our discretion.

9.4       If you are a consumer and we fail to comply with these Terms and Conditions, we will be responsible to you for death or personal injury caused by our acts or omissions (or the acts or omissions of our employees or agents).

9.5       The Car Park is open to the general public. Therefore, you park your Vehicle in the Car Park at your own risk.

9.6       If you believe you have a claim against us please contact us using the details set out in paragraph 10.

10.       General Enquiries and Complaints

You may contact us by:

Email: info@b4parking.com

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

11.       Applicable Law

11.1     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.

11.2     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).

Schedule 1
B4 Member – Pay As You Go

This Schedule explains how Pay As You Go B4 Membership works, the benefits of B4 Membership, what is required of you as a B4 Member and the consequences of failing to meet the requirements.

S1.1     When you have become a B4 Member having set up your membership account (see paragraph 3) you are entitled to discounted Pay As You Go parking. As a B4 Member when you associate a Vehicle (VRN) to your Membership account you will pay the B4 Member Tariff. The B4 Member Tariff remains valid and must be paid for that Vehicle until you delete it from your account.

S1.2     The B4 Website allows you to add multiple Vehicles to your Membership by adding a VRN, and any Parking Stay for any of these Vehicles will be charged at the reduced B4 Member Tariff and not the Standard Parking Tariff.

S1.3     You are responsible for keeping your list of Pay As You Go Vehicles updated. You can add or delete Vehicles from your Membership account. You must ensure your list of Pay As You Go Vehicles is accurate at all times. If you do not remove a Vehicle from your membership account when for example you sell the Vehicle you will be responsible for making payments for that Vehicle until you remove it from your account.

S1.4     The duration of the Parking Stay is calculated from the time the Vehicle is recorded as entering the Car Park (Entry Time) to the time it is recorded exiting the Car Park (Exit Time). The time between the Entry Time and Exit Time is the duration of the Parking Stay that is used to calculate the Parking Tariff. We use ANPR cameras to automatically read the VRN on entry and exit. We apply the B4 Members Tariff to the duration of the Parking Stay to calculate the Parking Tariff and automatically process the payment immediately after you exit the Car Park.

S1.5     For each B4 Members Pay As You Go Parking Stay we generate an invoice and email this invoice to your email address.

S1.6     The B4 Member Tariff does not apply where a Vehicle is not on your account, where you have incorrectly entered the VRN or where a Ticket has expired (and you have not chosen the option to revert to the Pay As You Go tariff). In these situations, you will be required to pay for your Parking Stay in accordance with the standard B4 Car Park Terms and Conditions at the Standard Parking Tariff at one of the pay machines before leaving the Car Park.

S1.7     If your payment fails due to there not being a valid payment card associated with your membership account (such as expired or cancelled cards), or you have insufficient funds, this will only become apparent to us when you have left the Car Park and the payment request we make to the Payment Service Provider  has failed.

S1.8     If your payment fails, we will send you an email shortly after you exit the Car Park to confirm the failed payment. You will be asked to update your card details and/or ensure there are sufficient funds available to pay the Parking Tariff. You will need to access your account on the Website to update your details and ensure you have a valid Payment Agreement with a valid debit/credit card and sufficient funds.

S1.9     After 5 days which is calculated from the time of your exit from the Car Park we will make a second attempt to process and collect the Parking Tariff by making a payment request to the Payment Service Provider . This process has been put in place to provide you with an opportunity to pay the Parking Tariff to avoid being in breach of these Terms and Conditions.

S.10 If the second attempt to process payment is successful, we will send an email to confirm payment and no further action will be taken.

S.11     If the second attempt to process payment is unsuccessful you will be in breach of these Terms & Conditions and an Additional Fee will become due. The amount of the Additional Fee is set out in Schedule 3.

S.12     When there is a breach of these Terms and Conditions resulting from your failure to pay the Pay as You Go B4 Members Tariff, we reserve the right to pass the recovery of all outstanding sums due to a third party. Further details will be provided to you by us or the organisation we employ to recover the outstanding sums due. Please note the Parking Tariff and Additional Fee will be payable due to your breach of the Terms and Conditions together with any other debt recovery or enforcement costs that result from your failure to pay the Parking Tariff.

Schedule 2
Tickets – Season and Flexible Season Tickets

As a B4 Member you have the ability to purchase a variety of Tickets that enable you to park in the Car Park for a period of time. The Tickets are purchased via your B4 Membership account on the B4 Website. The different Ticket types are described below.

Purchasing and Using Tickets

S2.1     Your Ticket will be valid from the commencement date that you specify when purchasing your Ticket and will remain valid for the period that you have selected. In the case of a Flexible Season Ticket it will remain valid until the earlier of all purchased days have been used or the expiry of the Ticket. When your Ticket has expired you will revert to paying the appropriate Pay As You Go B4 Members Tariff if you have selected this option. If however you have not selected the Pay As You Go B4 Members Tariff, you will be required to pay the Standard Parking Tariff at the pay machine on the ground floor before you exit the Car Park.

S2.2     Please note that physical Tickets are not provided. Your Ticket will be linked to the VRN that you have provided when purchasing your Ticket. You simply drive into the Car Park where your Vehicle VRN will be read by our ANPR system, which will record the Entry Time and Exit Time from the Car Park and ensure your Parking Stay is in accordance with your Ticket.  All Parking Stays are recorded on your account.

S2.3     Each type of Season and Flexible Season Ticket can only be associated with a single VRN.

S2.4     If you wish to change the VRN linked to your Ticket, you will need to login to your B4 Membership account via the Website to do so. You will be charged an administration fee of £25 each time you change a VRN.

S2.5     At the end of the period of validity, a Ticket will automatically renew unless you have cancelled the auto-renewal option prior to the end of the period of validity of the Ticket.  You will be charged for your renewed Ticket using the payment details associated with your membership account at the point of renewal.  Tickets purchased at a promotional price during a promotional period will renew at the current price at the time of renewal and not at the original promotional price.

S2.6     The option to auto-renew a Flexible Season Ticket is not available. You must purchase a new Flexible Season Ticket as and when you need one.  We will send you an email to remind you when your Flexible Season Ticket is due to expire.

 

Types of Tickets

S2.7     7 Day Season Ticket (Monday to Sunday inclusive)

S2.7.1  The 7 Day Season Ticket is purchased in advance and is valid for either a year, a quarter or a calendar month.

S2.7.2  You can use the Car Park at any time seven days a week. You are allowed as many Parking Stays during that period as you like.

S2.7.3  The 7 Day Season Ticket will automatically renew at the end of its period of validity unless you have cancelled the auto-renewal when you purchased the Ticket or cancel the auto-renewal prior to the end of the period of validity of the Ticket.

S2.8     5 Day Season Ticket (Monday to Friday inclusive)

S2.8.1  The 5 Day Season Ticket is purchased in advance and valid for either a year, a quarter or a calendar month.

S2.8.2  It allows you to use the Car Park from midnight on Sunday to midnight on Friday and allows as many Parking Stays during that period as you like.

S2.8.3  If you park outside of the allowed days (i.e. if you are parked in the Car Park at any time on Saturday or Sunday) one of the following alternatives will operate depending on the option you selected on your account when you purchased your 5 Day Season Ticket:

a)     If you selected to use the Pay As You Go option outside the allowed days then you will automatically revert to the Pay As You Go method of payment as set out in Schedule 1 and be charged the B4 Members Tariff.

b)     If you have not selected the Pay As You Go option you must pay for the part of the Parking Stay not covered by your Tickets at the pay machine on the ground floor before leaving the Car Park. The cost of the Parking Stay not covered by the Ticket is payable at the Standard Parking Tariff. Leaving the Car Park without making payment is a breach of these Terms & Conditions and will result in an Additional Fee becoming due.  For the avoidance of doubt the Standard Parking Tariff for the Parking Stay and the Additional fee are payable.

c)     The 5 Day Season Ticket will automatically renew at the end of its period of validity unless you have cancelled the auto-renewal when you purchased the Ticket or cancel the auto-renewal prior to the end of the period of validity of the Ticket.

 

S2.9     Flexible Season Ticket (Flexi Ticket)

S2.9.1  The Flexi Ticket is purchased in advance and is valid for a period of 3 months (a “Quarter”). For example, if you purchase a Flexi Ticket with a start date of 15 March it will become valid immediately on 15 March and remain valid until (and including) 14 June, or until all allocated days have been used, whichever is earlier.

S2.9.2  You can select the number of days you can park in the Car Park during the Quarter.

S2.9.3  A day is calculated from midnight to midnight. You are allowed as many Parking Stays as you like during any day and this only counts as the use of one day.

S2.9.4  A Parking Stay which goes beyond midnight will count as an additional day (for example if you arrive and park on a Monday and exit the following day (Tuesday) this will count as two days).

S2.9.5  When you exit the Car Park the appropriate number of days will be deducted and the number of days left on your Flexi Ticket will be updated.

S2.9.6  If you are parked in the Car Park overnight, the number of days left on your Ticket will update on your account upon your exit from the Car Park. For example, if you were to purchase a 10-day Flexi ticket and parked for 5 days, your account will only reflect this once you have exited the Car Park and will display the remainder of your day allowance.

S2.9.7  A new Flexi Ticket can be purchased whilst there is an active Flexi Ticket on the account. The new Flexi Ticket will be utilised when all the days have been used on the existing Flexi Ticket or it has expired, whichever is earlier. Please note that once you have purchased a Flexi Ticket, it has a period of validity of 3 months from the date of purchase before it expires.

S2.9.8  You can check how many allocated days you have left on your Flexi Ticket and its period of validity by logging in to your B4 Membership account on the Website.

S2.9.9  If you have not used all of your purchased days by the end of the Quarter the remaining unused days will be lost. The Flexi Ticket works on a “use it or lose it” basis.

S2.9.10 If you have used all of your allocated days before expiry of the Quarter which applies to your Flexi Ticket, the Flexi Ticket will expire at midnight on the last of the allocated days used.

 

S2.10 Ticket Cancellation

If you are a consumer, you can change your mind (for any reason) and cancel your purchase of a Ticket within 14 days of purchasing the Ticket.  You can cancel your purchase by contacting us via email or phone using the details in paragraph 9. 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 purchasing 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.  Any cancellation of a Ticket after the 14 day cancellation period will be subject to an administration fee of £50 which will be deducted from your refund.

S2.11   Season Tickets refunds

In addition to your right to cancel under paragraph S2.10 (if applicable) you can apply to us to cancel your Season Ticket at any time and request a refund of the unused value of your Season Ticket by writing to us using the contact details in paragraph 10.  

The refunded amount in respect of the unused time on your Season Ticket will be pro rata to the original duration of the Season Ticket purchased. For example, if your refund relates to a period of 15 days unused time having purchased a 30 day monthly Season Ticket, the refund will be 50% of your original payment less an administration charge. The administration charge is £50.

S2.12   Flexible Season Tickets refunds

No refunds are available in respect of Flexible Season Tickets, this does not affect your right to cancel (if applicable) as set out in S2.10.

S2.13   Processing Cancellations and Refunds

Any refund to you of any amounts you have paid to us will be handled by the  Payment Service Provider that processed the refundable transaction . Refunds will be made to the payment method you used to make payment (unless we agree otherwise).

Schedule 3

Consequences of breaching these Terms and Conditions

 

The expressions in this agreement that indicate a requirement on you to do something (or not as the case may be) creates a binding obligation on you. Failure to comply is a breach of these Terms and Conditions.

If you do not comply with these Terms and Conditions then there is a breach of contract and at this point we have the ability to charge you an Additional Fee. The Additional Fee varies dependent upon the breach and is set out below.

Breach of Terms and Conditions – Additional Fee(s)

Category A

Unauthorised parking in a disabled parking space.

Additional Fee of £100 reduced to £60 if paid within 14 days, plus the unpaid Parking Tariff.

Category B

Non-payment of Parking Tariff after second attempt to collect payment.

Additional Fee of £75 reduced to £45 if paid within 14 days, plus the unpaid Parking Tariff.

Category C

All other breaches.

Additional Fee of £50 reduced to £30 if paid within 14 days, plus the unpaid Parking Tariff.

An Additional Fee (and unpaid Parking Tariff if applicable) must be paid within 28 days of you receiving a notice that payment is due.  Failure to pay may result in legal proceedings including debt recovery action and/or issuing of court proceedings against you.  Additional costs may be incurred.

B4 Parking Ltd may issue you with an Additional Fee if you do not comply with these Terms and Conditions.  Full details of the amounts due, how to make payment and how to request a review will be provided to you by us or by a third party employed by us to collect the outstanding amounts.

Your Obligations and Responsibilities

Set out below is a summary of your obligations and responsibilities.  This is not a definitive list and is in addition to all your obligations and responsibilities outlined in the entirety of these Terms and Conditions.

You must …

  • have a valid B4 Members Account that enables you to pay the Parking Tariff upon exiting the car park, or have a valid Season or Flexi Ticket

·         keep all of your account information up to date and you must have a Valid B4 Members Account at all times.

·         ensure that emails we send from b4parking.com are not blocked (sent to junk, trash, or bin etc).

·         ensure you can receive and access emails at all times.

·         ensure you manage all Vehicles on your account including the deletion of Vehicles you no longer want to pay for (for example a Vehicle you no longer own).

  • drive carefully and not exceed the 5MPH speed limit indicated

  • be aware and courteous to other users of the Car Park, particularly pedestrians

  • obey the signage in the Car Park

  • only park properly in a space and within marked bays provided

  • only park in a disabled bay if you are a Disabled Badge holder. A valid Disabled Badge must be clearly displayed at all times. Parking in a disabled bay when you shouldn’t may result in your exclusion from the car park in the future

  • only park a motorcycle in a designated motorcycle parking space

  • not park in the valet drop-off spaces unless using the valet service

  • not park in non-designated parking areas (including no parking on yellow lines or any area with hatched markings)

  • when on foot, use the lifts and stairs provided and not use the vehicular ramps between floors. The ramps are for Vehicles only

  • use the identified walkways (green for pedestrians) and the pedestrian crossings wherever possible as these provide clearly defined routes to the central lift core and stairs

  • and comply with any lawful instructions or requests made by members of staff of the Company

  • not use the Car Park to drop-off or pick-up passengers unless you pay the Parking Tariff or have a valid Ticket

  • not park a Vehicle in a space that has been marked with a “restricted height”, if the Vehicle exceeds that height limit;

  • not refuel a Vehicle in the Car Park under any circumstances unless prior agreement has been obtained from us. Consent is entirely discretionary and if given it is a requirement that a member of staff is in attendance and the refueling is carried out by an appropriate breakdown service.

  • not repair a Vehicle in the Car Park other than by the attendance of a pre-arranged breakdown service. The breakdown service vehicle will not be required to pay the Parking Tariff when attending has been pre-arranged.

  • not allow any person to valet your Vehicle in the Car Park other than any valet operator authorised by us;

  • not hire vehicles or provide goods or services from the Car Park or your Vehicle.

Right to request a review of the Additional Fee

If you are issued with an Additional Fee Notice and you feel you have been wrongly charged, you have the right to request a review of the Additional Fee.   Please note that the following reasons (including but not limited to) will not be accepted as grounds for a review:

·         your debit/credit card  expired, reported stolen or blocked

·         your debit/credit card with insufficient funds

·         you no longer own or have use of the Vehicle

·         you didn’t delete a Vehicle from your account that you no longer want to pay for

·         the emails we sent you went into junk, trash, or bin etc.

·         you didn’t see the emails we sent you

Revision date:  12 January 2022