Terms and Conditions of Service
The Company may amend, update, supplement or replace these Terms and Conditions from time to time. Any such amendment shall apply only to Bookings made after the revised version has been published unless otherwise required by law.
These Terms and Conditions supersede all previous versions of the Company's Terms and Conditions relating to the Services. Nothing in these Terms and Conditions shall affect or restrict any statutory rights available to consumers under the Consumer Rights Act 2015 or any other applicable legislation.
Day by Day Car Parking Ltd
1. Definitions and Interpretation
1.1 In these Terms:
- (a) “Company” means Day by Day Car Parking Ltd (Company Number 11182104) trading as Day by Day Car Parking and any associated trading names, and includes its employees, agents, and authorised subcontractors acting in connection with the Services.
- (b) “Customer” means the person making the Booking and any person delivering, collecting, or otherwise acting on behalf of that person in relation to the Vehicle.
- (c) “Vehicle” means the motor vehicle accepted by the Company for the provision of the Services and includes any keys, key fobs, access devices, security credentials, PIN codes or similar items supplied by the Customer for the purpose of operating, accessing, moving, securing, storing and returning the Vehicle.
- (d) “Services” means vehicle collection, delivery, parking, storage, movement, handling, and any ancillary services provided by the Company.
- (e) “Booking” means a reservation accepted by the Company for the provision of the Services.
1.2 Headings are for convenience only and shall not affect interpretation.
2. Complaints
2.1 Any complaint relating to the Services must be submitted in writing to the Company at:
complaints@daybydayparking.com
2.2 The Company will investigate complaints submitted in accordance with this clause and may request further information or evidence where reasonably required.
2.3 The Customer shall cooperate with any reasonable request for information made during the investigation of a complaint.
3. Formation of Contract
3.1 By making a Booking, the Customer acknowledges that these Terms have been made available to them and agrees that the Booking constitutes acceptance of these Terms.
3.2 The Customer warrants that all information provided in connection with the Booking is accurate, complete, and up-to-date and shall promptly notify the Company of any changes.
3.3 These Terms constitute the entire agreement between the parties and supersede all prior discussions, negotiations, communications and understandings relating to the Services. Nothing in this clause shall exclude or limit any information provided to the Customer before the contract is made which forms part of the contract under the Consumer Rights Act 2015 or any other applicable law. Nothing in this clause excludes liability for fraudulent misrepresentation.
3.4 A Booking request submitted by the Customer constitutes an offer to purchase the Services. No contract shall arise until the Company has issued a booking confirmation by email or other written communication. The Company reserves the right to refuse any proposed Booking prior to acceptance.
3.5 Where there is any inconsistency between these Terms and the details contained within a Booking confirmation, the Booking confirmation shall prevail to the extent necessary to resolve the inconsistency.
3.6 Customer Duty to Check Booking Details
3.6.1 The Customer shall review the Booking confirmation upon receipt and notify the Company as soon as reasonably practicable of any error, omission, discrepancy, or change affecting the Booking, including but not limited to vehicle registration details, travel dates, flight information, contact details, or return arrangements.
3.6.2 The Company shall be entitled to rely upon the information contained within the Booking confirmation unless notified otherwise by the Customer.
3.6.3 Subject to Clause 6.1, the Company shall not be liable for any delay, additional cost, operational difficulty, airport charge, penalty, or other loss arising directly from inaccurate, incomplete, or outdated information provided by the Customer, provided that the Company was not aware, and could not reasonably have been expected to be aware, that the information was inaccurate, incomplete, or outdated.
4. Customer Obligations
4.1 Vehicle Condition and Legal Compliance
At the time of handover, the Customer warrants, represents and undertakes that the Vehicle:
- (a) is in a safe and roadworthy condition and does not have any defect, fault or damage that would reasonably be expected to affect the safe, lawful or reliable operation of the Vehicle;
- (b) the Customer warrants that any insurance required by law in respect of the Vehicle is in force where applicable and acknowledges that they are solely responsible for maintaining any additional insurance cover they wish to have in respect of the Vehicle and any property left within it;
- (c) holds a valid MOT certificate where required by law and complies with any other statutory inspection, testing or certification requirements applicable to that Vehicle.
- (d) has valid vehicle excise duty where required by law and the Customer is responsible for ensuring that such vehicle excise duty remains in force throughout the booking period.
- (e) complies in all material respects with all applicable road traffic laws, regulations and statutory requirements relevant to the lawful operation of the Vehicle.
- (f) does not have any known defect, fault, condition, warning indication, or recurring operational issue that could reasonably be expected to affect the safe, lawful, or reliable operation of the Vehicle, and any such matter has been disclosed to the Company in accordance with Clause 3.2.
- (g) does not contain any dangerous, hazardous, illegal, prohibited by law, or otherwise unsuitable substances, materials, goods or items that may present a risk to persons, property or the provision of the Services.
- (h) is capable of being started, driven, secured, accessed and operated using only the keys, devices, codes, instructions and information provided by the Customer at handover, without requiring further assistance from the Customer or specialist intervention or third-party assistance.
- (i) The Customer warrants that they have obtained and shall maintain all rights, permissions, authorities and consents necessary to permit the Company to take possession of, move, store, drive and otherwise handle the Vehicle in accordance with these Terms.
4.2 Disclosure Obligation
4.2.1 The Customer shall disclose to the Company, prior to handover, any information which the Customer knows or ought reasonably to know is relevant to the safe operation, movement, storage, or handling of the Vehicle, including:
- (a) non-standard features, modifications, or adaptations;
- (b) security systems, immobilisers, PIN codes, keyless entry systems, tracking devices, manufacturer mobile applications, remote access systems, or specialist operating procedures;
- (c) any operational irregularities, recurring issues, known faults, warning messages, or mechanical, electrical, electronic, software, or connectivity issues;
- (d) any items within the Vehicle which may be hazardous, valuable, fragile, perishable, illegal, or require special handling.
4.2.2 The Company shall not be liable to the extent that such delay, cost, damage, expense or loss results from the Customer's failure to disclose the relevant information in accordance with Clause 4.2.1.
4.2.3 Where the Customer fails to provide any code, instruction, device, key, key card, application access, or other information necessary for the operation, movement, storage, or security of the Vehicle, the Company may refuse, suspend, or delay performance of the Services until such information is provided and shall not be liable for any resulting delay, cost, or loss.
4.2.4 The Customer shall notify the Company of any illuminated warning light, fault message or diagnostic alert present at the time of handover. Subject to Clause 6.1, the Company shall not be liable for any loss arising from pre-existing faults, warning indicators or vehicle conditions not caused by the Company's negligence.
4.3 Responsibility for Compliance
4.3.1 The Customer acknowledges that permitting a Vehicle that does not comply with applicable legal requirements to be driven on a public road may result in legal consequences, enforcement action, penalties, and may invalidate insurance cover.
4.3.2 The Customer is responsible for ensuring that the Vehicle complies with all applicable legal and regulatory requirements and acknowledges that the Company is under no obligation to inspect, verify, monitor, or confirm such compliance.
4.3.3 The Company shall be entitled to rely upon the information, warranties, representations, and disclosures provided by the Customer unless it becomes aware of circumstances indicating that such information is inaccurate, incomplete, or unreliable.
4.4 Customer Responsibility for Costs and Losses
4.4.1 The Customer shall be responsible for losses, liabilities, damages, costs and expenses (including reasonable legal and professional fees) reasonably incurred by the Company arising out of or in connection with:
- (a) any breach of this Clause 4;
- (b) any inaccuracy or omission in the information provided by the Customer;
- (c) any defect, fault, or condition of the Vehicle which was not disclosed in accordance with Clause 3.2, or which constitutes a breach of Clause 4.1;
- (d) any failure by the Customer to maintain insurance required under these Terms;
- (e) any failure by the Customer to comply with applicable laws or regulations.
4.4.2 This clause shall not apply to the extent that any loss or damage arises directly from the negligence, breach of contract, or wilful misconduct of the Company.
4.5 Company Rights
4.5.1 Without prejudice to any other rights, the Company reserves the right to:
- (a) refuse to accept or move the Vehicle;
- (b) suspend or terminate the Services;
- (c) require the Customer to collect, recover, or make alternative arrangements for the Vehicle where the Company reasonably believes that any provision of this Clause 4 has been breached or that the Vehicle presents a risk to safety, property, or compliance.
4.5.2 The Customer shall be responsible for all reasonable costs, expenses, charges, and losses reasonably incurred by the Company as a result of any refusal, suspension, termination, or requirement under Clause 4.5.1 arising from the Customer's breach of these Terms, failure to provide required information, or any defect, fault, condition, or compliance issue affecting the Vehicle which constitutes a breach of Clause 4.
5. Handover, Collection, and Booking Requirements
5.1 Scheduled Meeting Time
5.1.1 The time selected at the point of booking represents the scheduled meeting time between the Customer and the Company’s driver and not a guaranteed arrival time.
5.1.2 This scheduled time is conditional upon the Customer complying with all booking instructions, including communication requirements set out in this clause.
5.1.3 The Company shall use reasonable endeavours to attend at the scheduled meeting time; however, all timings are estimates only and remain subject to operational requirements, traffic conditions, weather conditions, airport restrictions, airport operational requirements, security procedures, and other circumstances beyond the Company's reasonable control.
5.1.4 The Customer shall allow sufficient time for the handover and collection process and acknowledges that delays may occur. Subject to Clause 6.1, the Company shall not be liable for delays arising from the Customer arriving earlier or later than the scheduled meeting time, providing inaccurate booking information, or failing to comply with the Company's instructions.
5.1.5 The Customer acknowledges that Manchester Airport is a major international airport undergoing continual operational and infrastructure development and that the airport and surrounding road network may experience congestion, traffic restrictions, construction activities, road works, security delays, operational disruption and other circumstances beyond the Company's reasonable control.
5.1.6 The Company aims to provide a prompt and efficient service at all times. However, collection and return times are estimates only and may be affected by airport congestion, traffic conditions, security requirements, road incidents, airport operational restrictions and other circumstances beyond the Company's reasonable control. The Customer acknowledges that such events may occasionally result in delays.
5.1.6 B The Company operates from locations within the airport vicinity and may be required to reposition Vehicles between its operational locations. During periods of exceptional airport congestion, traffic disruption, security restrictions, adverse weather or other circumstances beyond the Company's reasonable control, collection and return times may exceed normal operating times.
5.1.7 Subject to Clause 6.1, the Company shall not be liable for delays arising from airport congestion, traffic conditions, airport operational requirements, security procedures, road incidents, flight disruptions, adverse weather conditions, or any other circumstance beyond the Company's reasonable control.
5.1.8 The Customer is responsible for allowing sufficient time for check-in, security procedures, baggage collection, and any delay which may reasonably occur during the collection or return process.
5.2 Mandatory Pre-Arrival Contact
5.2.1 The Customer must contact the Company's driver by telephone no less than twenty (20) minutes prior to arrival at the designated airport location.
5.2.2 This call is a mandatory operational requirement to:
- (a) confirm arrival time;
- (b) coordinate access to the designated handover point; and
- (c) minimise airport waiting or access charges.
5.2.3 The Customer is responsible for ensuring that they have the correct contact details and are able to make this call.
5.2.4 Failure to make the required pre-arrival contact may result in delays, airport waiting charges, airport access charges, cancellation of the handover arrangement, or the need for an alternative handover location.
5.2.5 Subject to Clause 6.1, the Company shall not be liable for any delay, additional airport access cost, or inconvenience to the extent caused by the Customer's failure to comply with this Clause 4.2.
5.3 Customer Attendance and Availability
5.3.1 The Customer shall be present at the agreed handover location and time unless otherwise agreed in writing by the Company.
5.3.2 The Customer shall ensure that all keys, instructions, access devices, security codes, and information necessary for the operation and movement of the Vehicle are available at handover.
5.3.3 Where the Customer fails to attend the agreed location, provide the required information, or otherwise cooperate with the handover process, the Company may suspend or delay the Services and recover any additional costs reasonably incurred by the Company, including airport access charges, waiting charges, staff time, and vehicle recovery or relocation costs where reasonably required.
5.4 Designated Handover and Collection Locations
5.4.1 All Vehicle handovers and collections shall take place at locations designated or approved by the relevant airport authority or otherwise specified by the Company.
5.4.2 Such locations are subject to airport operational requirements and must not be altered, substituted, or deviated from except where required by airport authorities or in accordance with Clause 4.4.5.
5.4.3 The Customer agrees to comply with all instructions provided by the Company in relation to accessing and using such locations.
5.4.4 Subject to Clause 6.1, the Company shall not be liable for any delay, inconvenience, charge, or additional cost to the extent arising from circumstances beyond its reasonable control, including:
- (a) the Customer attending an incorrect location;
- (b) airport restrictions or enforcement action;
- (c) changes to airport procedures, layouts, traffic systems, or access arrangements; or
- (d) the Customer's failure to comply with the Company's instructions.
5.4.5 In exceptional circumstances beyond the Company's reasonable control, including but not limited to airport operational requirements, security restrictions, traffic incidents, road closures, emergency situations, or instructions issued by airport authorities, the Company may require the Vehicle to be handed over to, collected from, or delivered to an alternative location reasonably designated by the Company. The Customer agrees to comply with such reasonable instructions, and the Company shall not be liable for any inconvenience, delay, or additional travel incurred as a result.
5.5 Over-Height, Commercial and Restricted Access Vehicles
5.5.1 The Company accepts standard passenger vehicles and certain vans, minibuses, and commercial vehicles, subject to operational suitability and availability.
5.5.2 The Company does not accept motorcycles, scooters, mopeds, trailers, caravans, articulated vehicles, heavy goods vehicles, passenger service vehicles requiring a PSV licence, or any vehicle which the Company reasonably considers unsuitable for the Services.
5.5.3 Certain Vehicles may be subject to airport height restrictions, access restrictions, weight restrictions, lane restrictions, parking restrictions, or other operational requirements imposed by Manchester Airport or other relevant authorities.
5.5.4 Where a Vehicle cannot access the Company's standard handover or collection locations due to such restrictions, the Customer shall comply with any reasonable instructions provided by the Company regarding alternative meeting points, routes, parking locations, or collection procedures.
5.5.5 Commercial vehicles, oversized vehicles, long-wheelbase vehicles, high-roof vehicles, and any Vehicle that cannot reasonably be accommodated within a standard parking bay are subject to an additional surcharge of £15.00, which shall be clearly disclosed to the Customer prior to acceptance of the Booking wherever the relevant vehicle information has been provided by the Customer.
5.5.6 Subject to Clause 6.1, the Company shall not be liable for delays, additional travel time, inconvenience, or operational disruption to the extent arising from restrictions imposed by Manchester Airport, airport operators, local authorities, or other third parties beyond the Company's reasonable control.
5.5.7 Any additional costs reasonably incurred by the Company as a direct result of special access requirements, vehicle dimensions, or operational restrictions may be recovered from the Customer in accordance with Clause 14.
5.6 Airport Charges and Fees
5.6.1 All airport-imposed charges, including but not limited to drop-off fees, pick-up fees, waiting charges, or short-stay parking costs, are determined solely by Manchester Airport and are outside the control of the Company.
5.6.2 Such charges are not included in the Company’s fees unless expressly stated and shall be payable by the Customer.
5.6.3 Subject to Clause 6.1, the Company shall not be liable for the following, to the extent that they are imposed by the relevant airport authority and are outside the Company's reasonable control:
- (a) airport-imposed charges arising from airport policies, requirements, fee structures, or operational restrictions; and
- (b) changes to airport fee structures.
5.6.4 Where such charges are incurred by the Company on behalf of the Customer, the Company reserves the right to recover the same from the Customer in accordance with Clause 14, provided such costs are reasonable and properly incurred.
5.6.5 Where the Company arranges an airport drop-off or access booking on behalf of the Customer, the Company shall do so using the vehicle registration number, travel dates, flight details, and other information provided by the Customer or by any third-party booking agent, intermediary, or representative acting on the Customer's behalf.
5.6.6 The Customer is responsible for ensuring that all information provided for the purpose of any airport access or drop-off booking, including vehicle registration details, travel dates, flight details, and any other relevant information, whether supplied directly by the Customer or through a third-party booking agent, intermediary, or representative acting on the Customer's behalf, is accurate, complete, and up to date. The Company shall be entitled to rely upon such information and is not responsible for independently verifying its accuracy.
5.6.7 The Customer must notify the Company as soon as reasonably practicable of any change to the vehicle registration number, travel dates, flight details, or other information relevant to any airport access or drop-off booking. Such notification shall be sent directly to help@daybydayparking.com.
5.6.8 The Customer acknowledges that airport drop-off and access bookings are administered through third-party systems operated by or on behalf of the relevant airport authority. Once a booking has been submitted using the information provided by the Customer, the Company may not be able to amend, cancel, or correct that booking after the Vehicle has entered the relevant airport access area.
5.6.9 Where a Parking Charge Notice ("PCN"), penalty charge, unpaid drop-off charge, or other enforcement action is issued by APCOA Parking (UK) Limited, Manchester Airport, or any other airport operator or enforcement provider as a result of:
- (a) incorrect, incomplete, or inaccurate information provided by the Customer or by any third-party booking agent, intermediary, or representative acting on the Customer's behalf;
- (b) the Customer's failure to notify the Company of changes to vehicle registration details, travel dates, flight details, or other booking information;
- (c) the vehicle registration number, travel dates, flight details, or other booking details not matching the information recorded within the airport booking system; or
- (d) the Customer failing to comply with airport access requirements, Subject to Clause 6.1, the Company shall not be liable for such charge, notice, penalty, or enforcement action to the extent that it arises from those circumstances.
5.6.10 The Customer remains responsible for ensuring that the vehicle registration number, travel dates, flight details, and other booking information supplied to the Company are accurate, complete, and up to date.
5.6.11 Where the Company incurs any reasonable charge, administration cost, expense, or liability arising directly from the circumstances described in Clause 4.6.10, the Company reserves the right to recover such amounts from the Customer, provided they have been reasonably and properly incurred.
5.7 Vehicle Handover Record and Inspection
5.7.1 At the time of handover, the Customer and the Company's driver shall complete a Vehicle Handover Record containing such details of the Vehicle and Booking as the Company reasonably requires, including the vehicle registration number, travel details, mileage, fuel level, visible condition of the Vehicle, existing damage, and any other relevant information.
5.7.2 The Customer shall provide all information reasonably required to complete the Vehicle Handover Record and shall check the information recorded before signing the form.
5.7.3 The Customer shall notify the Company's driver of any visible damage, defect, warning light, operational issue, or other matter relevant to the condition or operation of the Vehicle before handover.
5.7.4 By signing the Vehicle Handover Record, the Customer confirms, to the best of their knowledge and belief, that the information recorded is accurate and that any visible damage, defects, or condition issues disclosed at handover have been recorded.
5.7.5 The Company may record the condition of the Vehicle at handover and return by means of written notes, photographs, video recordings, or other electronic records.
5.7.6 The Vehicle Handover Record and any photographs, video recordings, or other records taken by the Company may be retained by the Company and relied upon as evidence of the Vehicle's condition, mileage, fuel level, and other recorded details at the time of handover and return.
5.7.7 Subject to Clause 6.1, where weather conditions, lighting conditions, dirt, contamination, or other circumstances outside the Company's reasonable control prevent a full inspection of the Vehicle at handover or return, the Company may record this on the Vehicle Handover Record and shall not be liable for any pre-existing condition, damage, or defect that could not reasonably have been identified during that inspection.
5.8 Return and Collection Procedure
5.8.1 Upon return to Manchester Airport, the Customer must contact the Company after collecting all luggage and when ready to receive the Vehicle. The Customer shall not request return of the Vehicle before they are ready to take possession of it.
5.8.2 The Company shall use reasonable endeavours to return the Vehicle within a reasonable timeframe following the Customer's call; however, this may be affected by airport conditions, traffic, security requirements, and operational constraints beyond the Company's reasonable control.
5.8.3 The Customer must be present and ready to accept the Vehicle at the agreed location. Where the Customer is not present, cannot be contacted, is delayed, or otherwise fails to take delivery of the Vehicle, the Company may recover any reasonable waiting charges, airport access charges, and other reasonable costs properly incurred as a result.
5.8.3A Early Collection and Curtailment
Where the Customer wishes to collect the Vehicle before the booked return date or time, the Customer must provide not less than twenty-four (24) hours' notice by email to the Company.
Early collection requests are subject to operational availability, and the Company does not guarantee that a Vehicle can be made available without the required notice period.
5.8.3B Where the Customer requests return of the Vehicle without the required notice period, the Company may charge a curtailment fee of £40.00. The Customer acknowledges that early return requests may require the Company to arrange unscheduled vehicle retrieval, allocate additional staff resources, and alter operational schedules. The fee represents a contribution towards the reasonable operational, staffing, vehicle retrieval, and administrative costs incurred as a result of such requests.
5.8.3C No refund shall normally be payable for any unused portion of the original Booking period where the Vehicle is collected earlier than originally booked, as operational resources and parking arrangements will already have been allocated.
5.8.4 The Customer shall inspect the Vehicle at the time of return and before leaving the handover location. Any alleged damage, loss, discrepancy, or issue which the Customer believes occurred whilst the Vehicle was in the Company's possession must be reported to the Company's driver before the Vehicle leaves the handover location. The Company shall not be responsible for investigating or accepting claims first reported after the Vehicle has left the handover location unless the Customer can demonstrate that it was not reasonably possible to identify or report the matter at the time of return.
5.8.5 The Customer acknowledges that the Vehicle Handover Record, photographs, video recordings, and other records maintained by the Company may be used in assessing and investigating any complaint, claim, or dispute relating to the Vehicle.
5.9 Customer Responsibility for Timing
5.9.1 The Customer is responsible for allowing sufficient time for:
- (a) airport procedures;
- (b) luggage collection;
- (c) communication with the Company; and
- (d) any unforeseen delays.
5.9.2 The Company shall not be liable for missed flights, missed connections, delays, additional travel costs, or other losses arising from traffic conditions, airport restrictions, security procedures, weather conditions, flight delays, customer delays, or any other circumstances beyond the Company's reasonable control. Nothing in this clause shall exclude liability for loss directly caused by the Company's negligence or wilful default.
5.9.3 The Customer acknowledges that flight arrival times, baggage reclaim times, airport procedures, security requirements, airport congestion, and other operational factors outside the Company's reasonable control may affect the timing of Vehicle return and collection.
6. Evidence and Claims
6.1 The Customer is encouraged to take clear photographs of the Vehicle immediately prior to handover and immediately upon return of the Vehicle.
6.1.1 Any photographs relied upon in support of a claim, complaint, or dispute should, where reasonably possible:
- (a) include a reliable indication of the date and time at which they were taken;
- (b) be of sufficient clarity and quality to allow proper assessment of the Vehicle's condition; and
- (c) accurately represent the condition of the Vehicle at the relevant time.
6.1.2 The Company may take into account the quality, reliability, completeness, authenticity, and timing of any photographic or other evidence when investigating or assessing any claim, complaint, or dispute
6.2 Assessment of Claims and Evidence
6.2.1 Where the Customer alleges that loss, damage, or another issue occurred whilst the Vehicle was in the custody or control of the Company, the Customer shall provide such information and evidence as is reasonably available to support the claim.
6.2.2 The Company may consider all relevant evidence reasonably available to it, including Vehicle Handover Records, photographs, video recordings, CCTV footage, witness evidence, mileage records, booking records, call records, email correspondence, and any other relevant information
6.3 Notification of Claims
6.3.1 The Customer shall notify the Company of any alleged loss, damage, discrepancy, or other issue relating to the Vehicle as soon as reasonably practicable after becoming aware of it.
6.3.2 Where the alleged loss, damage, discrepancy, or issue is identified at the time of Vehicle return, the Customer shall report the matter to the Company's representative before leaving the designated handover location.
6.3.3 The Company does not undertake any obligation to inspect, diagnose, identify, report upon, certify, or monitor the mechanical condition, roadworthiness, performance, or legal compliance of the Vehicle and does not provide any inspection, testing, certification, maintenance, or repair service in relation to the Vehicle.
6.4 Assessment of Evidence and Liability Exclusions
6.4.1 The Company shall be entitled to consider the availability, quality, timing, reliability, and completeness of any evidence provided in support of a claim when assessing liability.
6.4.2 The Company shall not be liable for any loss, damage, claim, or liability arising solely from:
- (a) damage that was not visible, identifiable, or reasonably capable of verification at the time of the relevant inspection or handover;
- (b) damage obscured by dirt, contamination, poor lighting, weather conditions, or other environmental factors which prevented the damage from being reasonably identified during inspection;
- (c) pre-existing damage, deterioration, corrosion, stone chips, scratches, dents, or defects that become more apparent following cleaning, inspection, or changes in lighting conditions;
- (d) normal wear and tear arising from the ordinary use of the Vehicle;
- (e) any alleged damage, loss, or discrepancy first reported after the Vehicle has left the designated handover location, where such delay has materially affected the Company's ability to investigate or verify the claim.
6.5 Company Inspections
6.5.1 Any inspection carried out by the Company at the point of collection or return is intended to identify visible and readily apparent damage only and does not constitute a comprehensive mechanical, structural, or forensic inspection.
6.5.2 The absence of any damage, defect, or condition from a Vehicle Handover Record does not constitute confirmation that no such damage, defect, or condition existed at the time of inspection where it was not reasonably visible or identifiable during the inspection process.
6.5.3 The Company does not undertake any obligation to inspect, diagnose, identify, report upon, certify, or monitor the mechanical condition, roadworthiness, performance, safety, or legal compliance of the Vehicle.
6.6 Repairs and Mitigation
6.6.1 Except where reasonably necessary for safety, security, or to prevent further damage, the Customer shall not undertake or authorise any repair work relating to an alleged claim without the Company's prior written consent.
6.6.2 The Company shall not be liable for any repair costs, losses, or expenses incurred without its prior written consent where the repair work has materially prejudiced the Company's ability to investigate, inspect, verify, or assess the alleged damage.
6.6.3 The Customer shall, where reasonably practicable, retain photographs, estimates, invoices, damaged parts, and any other evidence relating to the alleged damage until the claim has been investigated or otherwise resolved.
7. Limitation of Liability
7.1 Non-Excludable Liability
7.1.1 Nothing in these Terms shall exclude or limit the Company’s liability for:
- (a) death or personal injury caused by its negligence;
- (b) fraud or fraudulent misrepresentation; or
- (c) any other liability which cannot be excluded or limited by applicable law, including under the Consumer Rights Act 2015.
7.2 Basis of Liability
7.2.1 Subject to Clause 6.1, the Company shall be liable only for loss or damage directly caused by its negligence, breach of contract, or other breach of duty.
7.2.2 The Company's liability (if any) shall be assessed having regard to all relevant circumstances, including compliance with the claims, evidence, and notification procedures set out in Clause 5.
7.3 Financial Limitation (Liability Cap)
7.3.1 Subject to Clause 6.1, the Company’s total aggregate liability in respect of any single claim or series of related claims shall be limited to:
- (a) the reasonable cost of repairing the damage; or
- (b) the market value of the Vehicle immediately prior to the incident, whichever is the lower.
7.3.2 For the purposes of this Clause, the market value of the Vehicle shall be determined by reference to recognised industry valuation guides, motor trade valuations, vehicle condition, mileage, specification, and any other relevant factors reasonably considered by the Company, its insurer, or an independent motor assessor.
7.3.3 The Company shall not be liable for any loss of value, depreciation, stigma loss, or reduction in resale value allegedly arising from any damage to the Vehicle.
7.3.4 The Customer acknowledges that the Company does not undertake a detailed inspection or condition recording of alloy wheels, tyres, glass, windscreens, or any pre-existing chips, marks, scratches, cracks, or defects affecting such items at the time of Vehicle handover. The Customer further acknowledges that such damage or defects may pre-date the Vehicle's handover to the Company and may worsen, develop, or become apparent over time due to weather conditions, temperature changes, road conditions, vibration, ordinary vehicle use, or other factors beyond the Company's control. Accordingly, the Company shall not be liable for any claim relating to alloy wheel damage, tyre damage, glass damage, windscreen chips, or windscreen cracks unless the Customer can demonstrate that the damage occurred whilst the Vehicle was in the Company's custody or control and was directly caused by the Company's negligence or breach of duty.
7.4 Excluded Losses
Subject to Clause 6.1 and to the fullest extent permitted by law, the Company shall not be liable for:
- (a) any indirect, incidental, special, consequential, or unforeseeable loss or damage;
- (b) any loss of opportunity, use, enjoyment, inconvenience, distress, or disappointment arising from any matter relating to the Services, except where such liability cannot lawfully be excluded;
- (c) any additional transport, accommodation, replacement vehicle, taxi, vehicle hire, flight, or other travel expenses incurred by the Customer unless directly caused by the Company's negligence or breach of duty;
- (d) any missed flight, missed connection, delay, cancellation, disruption to travel plans, or other loss arising from traffic conditions, road closures, accidents, airport restrictions, weather conditions, security procedures, airline delays, industrial action, customer delays, or any other circumstance beyond the Company's reasonable control;
- (e) any loss of or damage to personal belongings, valuables, cash, documents, electronic devices, or other items left within the Vehicle, except to the extent directly caused by the Company's negligence. The Customer is responsible for removing all valuables and items of unusual value prior to Vehicle handover.
Nothing in these Terms excludes or limits any liability which cannot lawfully be excluded or limited under applicable law.
7.5 Specific Exclusions
6.5.1 The Company shall not be liable for:
- (a) any pre-existing damage, defect, or deterioration, whether known or unknown;
- (b) inherent or latent defects, including known or common faults associated with specific vehicle makes or models;
- (c) mechanical or electrical failure, including battery failure, immobiliser issues, or self-locking systems;
- (d) normal wear and tear, cosmetic deterioration, stone chips, minor scratches, scuffs, or marks arising from ordinary use, weather conditions, or any circumstance not caused by the Company's negligence.
- (e) damage caused by weather, environmental conditions, pollution, or acts of nature;
- (f) damage arising during the loading or unloading of luggage;
- (g) acts or omissions of third parties outside the Company's reasonable control, including airport authorities or other service providers;
- (h) airport-imposed charges, penalties, or fees of any kind, except where directly caused by the Company's negligence, breach of contract, or failure to follow the Customer's instructions.
7.6 Condition of Storage and Risk Allocation
7.6.1 The Customer acknowledges that Vehicles may be stored in open-air environments and at locations selected by the Company in the ordinary course of providing the Services.
7.6.2 The Customer further acknowledges that Vehicles stored in open-air environments may be exposed to weather conditions, temperature fluctuations, rain, wind, dust, dirt, pollen, tree sap, bird droppings, environmental contamination, other environmental conditions ordinarily associated with outdoor vehicle storage.
7.6.3 Subject to Clause 6.1, the Company shall not be liable for any deterioration, contamination, cosmetic effects, or other conditions arising solely from the ordinary and unavoidable consequences of outdoor vehicle storage, except to the extent directly caused by the negligence or breach of duty of the Company.
7.6.4 Subject to Clause 6.1, the Company shall be liable for loss or damage to a Vehicle or its contents only where the Customer proves, on the balance of probabilities, that such loss or damage was caused by the Company's negligence, breach of contract, or breach of duty.
7.7 Contributory Negligence
7.7.1 Where any loss or damage is caused or contributed to by the Customer's acts or omissions (including any breach of these Terms), the Company's liability (if any) shall be reduced to the extent that such acts or omissions contributed to the loss or damage.
7.8 Insurance and Alternative Recovery
7.8.1 The Customer acknowledges that certain losses may be recoverable under the Customer's own insurance arrangements or from other third parties.
7.8.2 The Customer shall take reasonable steps to mitigate any loss and to avoid recovering the same loss more than once.
7.8.3 Nothing in these Terms shall entitle the Customer to recover from the Company any amount that has already been fully compensated by another source, including an insurer.
8. Storage and Parking
8.1 Nature of Storage
8.1.1 The Company does not guarantee that Vehicles will be stored in covered, sheltered, monitored, or security-controlled facilities unless expressly agreed in writing.
8.1.2 The storage location of the Vehicle may vary at the Company's reasonable discretion for operational, logistical, safety, security, or other reasonable business reasons.
8.1.3 The Customer acknowledges that the Vehicle may be moved, relocated, or repositioned within or between locations reasonably used by the Company in connection with the provision of the Services where reasonably required for operational, logistical, safety, security, or compliance purposes.
8.2 Security and Third-Party Risks
8.2.1 Subject to Clause 6.1, the Company shall not be liable for loss or damage arising from:
- (a) acts of third parties, including theft, attempted theft, vandalism, or criminal damage, except to the extent directly caused by the negligence or breach of duty of the Company;
- (b) incidents occurring in areas not under the Company's direct control;
- (c) unavoidable risks ordinarily associated with the storage, parking, or movement of Vehicles at or near airport facilities, which could not reasonably have been prevented by the Company exercising reasonable care and skill.
- (d) acts, omissions, restrictions, directions, or requirements imposed by airport authorities, security agencies, police, local authorities, or other third parties beyond the Company's reasonable control.
8.3 Electric Vehicles and Charging
8.3.1 The Company does not provide electric vehicle charging facilities as part of the Services unless expressly agreed in writing.
8.3.2 The Customer is responsible for ensuring that any electric vehicle has sufficient battery charge to enable normal collection, movement, storage and return of the Vehicle.
8.3.3 Vehicles may be stored without being connected to a charging facility and the Company does not undertake to monitor, maintain or recharge battery levels during the booking period.
8.3.4 Subject to Clause 6.1, the Company shall not be liable for any loss, delay, inconvenience, recovery costs or additional charges arising from a Vehicle having insufficient battery charge, except where such insufficiency was caused by the Company's negligence.
8.3.5 Any reasonable costs incurred by the Company as a result of a Vehicle requiring charging, recovery, transportation or other assistance due to insufficient battery charge may be recovered from the Customer in accordance with Clause 14.
8.4 Valet and Wash Services
8.4.1 Where a valet or wash service has been booked, the Company shall use reasonable endeavours to complete the service before the Vehicle is returned to the Customer.
8.4.2 Vehicles are normally washed or valeted shortly before their scheduled return time; however, service timings may vary due to operational requirements, weather conditions, staffing availability, airport conditions or other circumstances beyond the Company's reasonable control.
8.4.3 The Company reserves the right to refuse, modify or cancel any valet or wash service where the Vehicle is excessively dirty, contaminated, damaged or otherwise unsuitable for the service booked.
8.4.4 The Company shall not be liable for dirt, dust, rainwater, road spray, bird fouling, tree sap, surface contamination or similar conditions occurring after completion of the valet or wash service and before return of the Vehicle.
8.4.5 Where a valet or wash service has been booked and paid for but cannot reasonably be completed by the Company, the Customer shall be entitled to a refund of the valet or wash charge only.
8.4.6 The Company shall not be liable where pre-existing defects, loose trim, damaged paintwork, stone chips, scratches, decals, wraps or other pre-existing conditions become more visible following cleaning of the Vehicle.
8.4.7 The Company shall not be liable for any deterioration, discolouration, staining, peeling, lifting, cracking or failure of pre-existing paintwork, wraps, decals, trim, coatings or repairs that occurs during the normal provision of a valet or wash service where such deterioration results from a pre-existing defect or condition.
9. Keys, Security Systems, and Access
9.1 Provision of Keys
9.1.1 The Customer shall provide only those keys strictly necessary for the safe operation, movement, and securing of the Vehicle.
9.1.2 The Customer shall remove all non-essential items from the key set prior to handover, including but not limited to:
- (a) spare keys;
- (b) additional key fobs;
- (c) remote devices;
- (d) keys, access devices, tags, fobs, or credentials relating to other vehicles, properties, garages, gates, alarms, or security systems.
9.1.3 The Company shall not be responsible for loss of any non-essential item left attached to the key set contrary to Clause 8.1.2, except to the extent caused by the Company's negligence.
9.2 Disclosure of Security Systems
9.2.1 The Customer shall fully and accurately disclose, prior to handover, the existence and operation of any security or access systems affecting the Vehicle, including but not limited to:
- (a) immobilisers or secondary immobilisation systems (including Ghost or similar systems);
- (b) PIN codes, key sequences, or override procedures;
- (c) tracking devices or alarm systems;
- (d) any non-standard starting, locking, or security mechanisms.
9.2.2 The Customer shall provide all instructions, codes, procedures, and information reasonably required to enable the Company to safely start, move, secure, and operate the Vehicle.
9.2.3 The Company shall not be liable for any delay, inability to provide the Services, loss, damage, cost, or expense to the extent arising from the Customer's failure to comply with this Clause.
9.2.4 The Customer acknowledges that the Company is entitled to rely on any instructions, codes, procedures, security credentials, or operating information provided by the Customer and shall not be responsible for any delay, inability to provide the Services, or resulting loss arising from inaccurate or incomplete information supplied by the Customer.
9.3 Accessibility and Operational Condition
9.3.1 The Vehicle must be capable of being started, driven, secured, and accessed using the keys, codes, devices, and information provided by the Customer at the time of handover, without the need for specialist tools, third-party assistance, or further intervention by the Customer.
9.3.2 The Customer warrants that all keys, access devices, security credentials, and information provided to the Company are accurate, complete, and fully functional.
9.3.3 The Company shall not be liable for any delay, inability to provide the Services, additional costs, or other consequences to the extent arising from the Customer's failure to comply with this Clause. Any reasonable costs incurred by the Company as a result may be charged to the Customer.
9.3.4 Locking Wheel Nuts and Specialist Equipment
The Customer is responsible for ensuring that any locking wheel nut key, wheel removal tool, security socket, adaptor, or other specialist equipment required for the removal or replacement of a wheel is present within the Vehicle and is in a serviceable condition.
9.3.5 Subject to Clause 6.1, the Company shall not be liable for any delay, inability to move the Vehicle, additional storage time, tyre replacement delay, recovery delay, or other consequence arising from the absence, failure, incompatibility, or inaccessibility of such equipment.
9.3.6 Any reasonable costs incurred by the Company as a result of the Customer's failure to comply with this clause may be recovered from the Customer in accordance with Clause 14.
9.4 Failure to Comply
9.4.1 Where the Customer fails to comply with this Clause:
- (a) the Company shall not be liable for any inability to move, store, or return the Vehicle to the extent arising from the Customer's failure to comply with this Clause;
- (b) the Company may refuse to accept or continue the provision of Services;
- (c) any delays, additional costs, or operational disruption arising from such failure shall be the responsibility of the Customer.
9.4.2 Without prejudice to Clause 14, the Company may recover from the Customer any reasonable costs incurred as a result of:
- (a) inability to access, start, secure, move, or return the Vehicle;
- (b) waiting time;
- (c) additional handling, recovery, transportation, storage, or operational requirements; or
- (d) any third-party costs reasonably incurred as a consequence of the Customer's failure to comply with this Clause.
9.5 Lost Keys
9.5.1 In the unlikely event that the Company loses a Vehicle key whilst it is in the Company's custody, the Company shall be liable for the reasonable and foreseeable costs directly resulting from that loss, including replacement keys, necessary reprogramming, locksmith services, and any other reasonably required remedial measures, subject always to Clause 6.
10. Right to Refuse Service
10.1 General Right to Refuse
10.1.1 The Company reserves the right to refuse to accept, drive, move, store, return, or otherwise handle any Vehicle where it reasonably considers that doing so would be unsafe, unlawful, impracticable, or inconsistent with these Terms.
10.1.2 This right may be exercised at any time, including prior to or after handover, where circumstances justify such refusal.
10.1.3 Where the Company exercises its rights under this Clause, the Customer shall remain responsible for any reasonable charges, costs, or expenses incurred by the Company as a result of the circumstances giving rise to the refusal.
10.2 Abusive or Aggressive Behaviour
10.2.1 The Company operates a zero-tolerance policy towards abusive, threatening, aggressive, discriminatory, harassing or violent behaviour directed towards its employees, agents, subcontractors or representatives.
10.2.2 Where the Company reasonably believes that such behaviour has occurred, it may immediately refuse, suspend, or terminate the provision of Services.
10.2.3 The Company shall not be liable for any delay, inconvenience, cost, or loss arising from the exercise of its rights under this clause.
10.2.4 The Customer shall remain responsible for arranging collection, recovery, or alternative arrangements for the Vehicle where Services are refused or terminated under this clause.
10.3 Grounds for Refusal
10.3.1 Without limitation, the Company may refuse to provide Services where, in its reasonable opinion:
- (a) the Vehicle is unsafe, unroadworthy, or presents a risk of breakdown or damage;
- (b) the Vehicle is uninsured, does not hold a valid MOT where required by law, is not subject to valid vehicle excise duty where required by law, or otherwise does not comply with any legal or insurance requirement reasonably necessary for the provision of the Services or the maintenance of the Company's insurance cover;
- (c) the Customer is unable to provide adequate proof of ownership, authority, or identity;
- (d) the Vehicle cannot be safely operated due to missing, defective, or undisclosed keys, security systems, or access restrictions;
- (e) the Vehicle contains hazardous, illegal, or prohibited items;
- (f) weather conditions, traffic, or environmental factors present a risk to safety;
- (g) airport regulations or operational restrictions prevent lawful performance of the Services;
- (h) any information provided by the Customer is inaccurate, incomplete, or misleading.
10.4 Consequences of Refusal
10.4.1 Where the Company exercises its rights under this Clause:
- (a) subject to Clause 6.1, it shall not be liable for any delay, inconvenience, loss, or cost arising from the exercise of its rights under this Clause;
- (b) the Customer shall remain responsible for arranging alternative parking, transport, or recovery of the Vehicle;
- (c) the Company may, where reasonably practicable, assist in facilitating alternative arrangements, but shall not be obliged to do so.
10.4.2 Any reasonable costs, charges, or expenses incurred by the Company as a result of such refusal (including waiting time, aborted journeys, administrative costs, recovery costs, or third-party charges) may be charged to the Customer in accordance with Clause 14.
10.5 Suspension or Termination of Services
10.5.1 The Company reserves the right to suspend or terminate the provision of Services where:
- (a) the Customer is in breach of these Terms; or
- (b) continued provision of Services would expose the Company to risk, liability, or non-compliance.
10.5.2 In such circumstances, the Customer shall be responsible for arranging the prompt collection, removal, or recovery of the Vehicle and shall remain liable for any reasonable charges, costs, or expenses incurred by the Company pending such collection, removal, or recovery.
10.5.3 Any suspension or termination under this Clause shall be without prejudice to any rights, remedies, charges, or liabilities accrued prior to the date of suspension or termination.
11. Vehicle Release and Verification
11.1 Identification Requirements
11.1.1 The Company reserves the right to require any person seeking collection of a Vehicle to provide valid proof of identity prior to its release.
11.1.2 Acceptable forms of identification may include but are not limited to:
- (a) passport;
- (b) driving licence; or
- (c) other official photographic identification reasonably deemed acceptable by the Company.
11.1.3 The Company may also require proof of booking or other information reasonably necessary to verify entitlement to collect the Vehicle.
11.1.4 The Company may refuse to release a Vehicle where it is not reasonably satisfied as to the identity, authority, or entitlement of the person seeking collection.
11.1.5 The Company shall not be liable for any delay arising from reasonable steps taken to verify the identity, authority, or entitlement of any person seeking collection of a Vehicle.
11.2 Verification of Authority
11.2.1 The Company may refuse to release a Vehicle to any person other than the Customer unless it is reasonably satisfied that such person has the Customer's authority to take possession of the Vehicle.
11.2.2 Where a third party seeks to collect the Vehicle, the Customer shall ensure that:
- (a) prior authorisation has been provided to the Company; and
- (b) the third party is able to provide satisfactory identification and booking details.
11.2.3 The Company shall not be liable for any delay arising from reasonable steps taken to verify the identity, authority, or entitlement of any person seeking collection of a Vehicle.
11.3 Refusal to Release
11.3.1 Where the Customer or any third party fails to provide adequate identification or proof of authority, the Company may refuse to release the Vehicle.
11.3.2 Subject to Clause 6.1, the Company shall not be liable for any delay, inconvenience, loss, or cost arising from a refusal to release a Vehicle where it has acted reasonably, in good faith, and for legitimate security, verification, or fraud-prevention purposes.
11.3.3 The Company may retain possession of the Vehicle until it is reasonably satisfied as to the identity, authority, and entitlement of the person seeking collection.
11.4 Release Confirmation
11.4.1 Upon release of the Vehicle, the Customer (or authorised representative) may be required to confirm receipt.
11.4.2 Acceptance and removal of the Vehicle from the designated collection area shall constitute confirmation that the Vehicle has been returned, subject to the Customer's rights under Clause 5 and any rights which cannot lawfully be excluded or restricted.
11.4.3 Nothing in this Clause shall prejudice the Customer's rights under Clause 5 to notify and substantiate any claim relating to the condition of the Vehicle.
12. Delays and Force Majeure
12.1 Subject to Clause 6.1, the Company shall not be liable for any failure, delay, or inability to perform its obligations where such failure or delay arises from events or circumstances beyond its reasonable control ("Force Majeure Event").
12.1.1 Force Majeure Events shall include, but are not limited to:
- (a) traffic congestion, road closures, accidents, or diversions;
- (b) airport operations, restrictions, enforcement actions, or changes to procedures;
- (c) flight delays, cancellations, diversions, early arrivals, or late arrivals
- (d) adverse weather conditions, including but not limited to snow, ice, flooding, high winds, or extreme temperatures;
- (e) acts of God, natural disasters, or environmental incidents;
- (f) strikes, industrial action, or labour disputes;
- (g) acts of terrorism, civil unrest, or criminal activity;
- (h) governmental or regulatory actions, restrictions, or changes in law;
- (i) failure of utilities, communications, or transport infrastructure;
- (j) any other event or circumstance beyond the Company's reasonable control that could not reasonably have been avoided or mitigated by the Company.
12.2 Suspension of Obligations
12.2.1 Where a Force Majeure Event occurs, the Company’s obligations shall be suspended for the duration of the event and for such time as is reasonably necessary to resume normal operations.
12.2.2 The Company shall use reasonable endeavours to minimise disruption and resume performance as soon as reasonably practicable.
12.2.3 Subject to Clause 6.1, the Company shall not be liable for any loss, delay, cost, or inconvenience arising from the suspension of its obligations in accordance with this Clause.
12.3 Operational Adjustments
12.3.1 In response to a Force Majeure Event, the Company reserves the right to:
- (a) alter meeting times or locations where required by airport or operational constraints;
- (b) implement alternative procedures for handover or collection;
- (c) prioritise safety and compliance over adherence to scheduled times.
12.3.2 Any such adjustments shall not constitute a breach of contract, provided the Company acts reasonably, in good faith, and in response to the relevant Force Majeure Event.
13. Breakdowns and Recovery
13.1 Customer Responsibility for Breakdown
13.1.1 In the event that the Vehicle fails to start, becomes inoperable, or suffers a mechanical or electrical failure during the provision of the Services, and such failure is not caused by the negligence, breach of duty, or breach of contract of the Company, the Customer shall be responsible for arranging and instructing an appropriate recovery service.
13.1.2 Subject to Clause 6.1, the Company shall have no obligation to diagnose, repair, or arrange recovery of the Vehicle.
13.1.3 Any reasonable costs, charges, or expenses incurred by the Company as a result of a Vehicle breakdown or recovery operation, including storage, waiting time, relocation, or third-party charges, may be charged to the Customer in accordance with Clause 14, except to the extent such costs arise from the negligence, breach of duty, or breach of contract of the Company.
13.2 Notification and Cooperation
13.2.1 The Customer shall use reasonable endeavours to remain contactable and respond promptly to any communication from the Company regarding a breakdown or operational issue affecting the Vehicle.
13.2.2 The Customer shall provide all instructions, information, and authorisations reasonably required to facilitate recovery of, or access to, the Vehicle.
13.2.3 Any reasonable and proportionate delay, additional cost, or operational disruption arising directly from the Customer's failure to comply with this Clause may be treated as a chargeable cost under Clause 15.
13.3 Access for Recovery
13.3.1 Access to the Vehicle shall be granted only for purposes reasonably connected with recovery, inspection, diagnosis, repair, or removal of the Vehicle.
13.3.2 The Company reserves the right to impose reasonable conditions on access to its premises or storage locations, including limitations on the number of persons attending.
13.3.3 The Customer acknowledges that access may be subject to operational, safety, or security requirements.
13.3.4 The Customer and any recovery personnel shall comply with all reasonable instructions given by the Company relating to access, safety, security, and movement within the premises.
13.3.5 Forgotten Property
Any request for access to the Vehicle or retrieval of property during the storage period may be subject to operational requirements and a reasonable charge reflecting the actual staff time, administration, transportation, handling, or other costs reasonably incurred by the Company.
13.3.6 The Company shall not be liable for any delay in providing access to a Vehicle or retrieving property where such delay results from operational requirements, airport restrictions, security procedures, staffing availability, or other circumstances beyond the Company's reasonable control.
13.4 Failure to Arrange Recovery
13.4.1 Where the Customer fails to arrange recovery within a reasonable period after being notified by the Company of the need for recovery, the Company may:
- (a) arrange recovery on the Customer’s behalf; or
- (b) relocate the Vehicle to a safe or accessible position.
13.4.2 Any reasonable costs, charges, or expenses incurred by the Company in exercising its rights under this Clause may be recovered from or charged to the Customer in accordance with Clause 14, except to the extent such costs arise from the negligence, breach of duty, or breach of contract of the Company.
13.4.3 The Company shall use reasonable endeavours to notify the Customer before arranging recovery or relocating the Vehicle under this Clause, unless immediate action is reasonably required for safety, security, operational, or legal reasons.
14. Tyres and Safety Repairs
14.1 Safety Assessment
14.1.1 The Company reserves the right to assess the condition of the Vehicle's tyres where reasonably necessary for the safe operation or movement of the Vehicle.
14.1.2 A tyre may be deemed unsafe or unlawful where, in the Company's reasonable opinion, it is:
- (a) non-compliant with applicable legal tread depth requirements;
- (b) damaged, punctured, deflated, or otherwise unfit for use;
- (c) presents a risk to safety if the Vehicle were to be driven; or
- (d) visibly defective, excessively worn, or showing signs of structural failure.
14.2 Electric Vehicles
14.2.1 The Company accepts electric vehicles for parking and storage purposes.
14.2.2 The Company does not provide electric vehicle charging facilities unless expressly agreed in writing. The Customer is responsible for ensuring that the Vehicle has sufficient battery charge for collection and onward travel. The Company shall not be liable for any loss, delay, inconvenience, recovery costs or additional charges arising from insufficient battery charge, except to the extent caused by the Company's negligence.
14.3 Authority to Replace
14.3.1 Where a tyre is deemed unsafe or unlawful, the Company may, acting reasonably and in good faith:
- (a) arrange for the repair or replacement of the tyre; or
- (b) arrange for such repair or replacement to be carried out by a suitably qualified third-party provider.
14.3.2 The Company shall use reasonable endeavours to contact the Customer prior to carrying out any replacement.
14.3.3 Where it is not reasonably practicable to obtain prior authorisation (including where delay would present a safety risk or operational disruption), the Company may proceed without prior consent.
14.3.4 Any replacement tyre supplied under this Clause shall be of a reasonable and suitable specification having regard to the Vehicle and the circumstances.
14.3.5 Any reasonable costs incurred under this Clause may be recovered from or charged to the Customer in accordance with Clause 14, except to the extent such costs arise from the negligence, breach of duty, or breach of contract of the Company.
14.4 Costs and Charges
14.4.1 The Customer shall be liable for:
- (a) the full cost of any tyre repair or replacement supplied and fitted; and
- (b) a service and facilitation fee of £30 to reflect the Company's reasonable administrative, operational, and coordination costs incurred in arranging, coordinating, procuring, facilitating, or supervising such repair or replacement.
14.4.2 All costs and charges under this Clause shall be reasonable, proportionate, and reflective of the work carried out.
14.4.3 The Company shall provide details or evidence of such costs and charges upon reasonable request.
14.5 Customer Responsibility
14.5.1 The Customer warrants, to the best of their knowledge and belief, that the Vehicle is delivered with tyres that comply with applicable legal requirements and are safe and roadworthy for normal use.
14.5.2 The Customer acknowledges that failure to comply with this requirement may:
- (a) prevent the Vehicle from being safely moved;
- (b) result in additional charges; and
- (c) give rise to safety risks and operational issues for which the Customer may remain responsible.
14.6 Risk and Acknowledgement
14.6.1 The Customer acknowledges that the provisions of this Clause are necessary to ensure compliance with road safety laws and to protect the safety of the Company’s staff and third parties.
14.6.2 Subject to Clause 6.1, the Company shall not be liable for any loss arising from actions taken reasonably and in accordance with this Clause.
15. Charges, Variations, and Additional Costs
15.1 All charges relating to access, drop-off, pick-up, waiting, or parking at Manchester Airport (or any other applicable location) are imposed and controlled solely by the relevant airport authority and are entirely outside the control of the Company.
15.2 Such charges are determined by the relevant airport authority and may be introduced, varied, or increased by that authority from time to time. The Customer shall remain responsible for any such charges applicable to the Booking.
15.3 The Company shall not be responsible for any inaccuracy, omission, or change in information supplied by an airport authority or other third party.
15.4 The Customer shall be liable for any additional costs, charges, or expenses incurred by the Company arising from or in connection with:
- (a) failure to comply with booking instructions, including failure to contact the driver as required;
- (b) early arrival, late return, or any variation from the agreed booking times;
- (c) flight delays, cancellations, diversions, or schedule changes;
- (d) extended waiting times or additional airport access charges;
- (e) failure to provide accurate or complete booking information;
- (f) failure to provide necessary keys, access devices, or security information;
- (g) refusal or inability of the Company to move the Vehicle due to safety, legal, operational, or access concerns arising from the condition of the Vehicle, the Customer's instructions, or circumstances beyond the Company's reasonable control;
- (h) recovery, assistance, or special handling requirements;
- (i) oversized or non-standard vehicles requiring additional space or handling;
- (j) any act or omission of the Customer resulting in additional operational costs.
15.4.1 Any additional costs, charges, or expenses charged under this Clause shall be reasonable, proportionate, and reflect the costs actually incurred by the Company.
15.5 Where additional costs, charges, or expenses arise under this Clause, the Company reserves the right to:
- (a) charge the Customer directly; and
- (b) exercise any right of retention or other remedy available to the Company under these Terms or at law.
15.6 Extended Parking Periods and Late Collection
15.6.1 The Booking is based upon the collection and return dates and times provided by the Customer at the time of booking.
15.6.2 Where the Vehicle remains in the Company's custody beyond the booked return date or collection date, whether due to flight delays, travel changes, Customer instructions, failure to collect the Vehicle, or any other reason not caused by the Company's negligence, additional parking charges shall apply.
15.6.3 Additional parking charges shall accrue at the Company's prevailing daily rate for each additional day or part day that the Vehicle remains in the Company's custody beyond the booked period.
15.6.3A Any quoted parking charge is based upon the booked collection and return dates. Additional parking beyond the booked period shall be charged at the Company's prevailing rates in force at the relevant time.
15.6.4 The Customer shall notify the Company as soon as reasonably practicable of any change to their return arrangements which may affect the booked collection date or time.
15.6.5 Subject to applicable law, the Company reserves the right to retain possession of the Vehicle until any properly due and outstanding charges have been paid.
16. Abandoned Vehicles
16.1.1 A Vehicle may be treated as abandoned where:
- (a) 30 days after the agreed return date or after the Company has notified the Customer that the Vehicle is ready for collection, whichever is later
- (b) the Customer has failed to respond to reasonable communications from the Company concerning collection of the Vehicle;
- (c) outstanding charges remain unpaid and the circumstances reasonably indicate that the Vehicle has been abandoned; or
- (d) the Customer has otherwise indicated, expressly or implicitly, an intention not to reclaim the Vehicle.
16.2 Notice of Intention to Dispose
16.2.1 Prior to disposing of any Vehicle, the Company shall:
- (a) take reasonable steps to identify and contact the registered keeper and/or Customer; and
- (b) provide not less than twenty-eight (28) days’ written notice of its intention to dispose of the Vehicle.
16.2.2 Such notice shall be sent to the last known postal and/or email address provided by the Customer or obtained from relevant records.
16.2.3 The notice shall identify the Vehicle, state the reason why it is considered abandoned, specify the amount of any outstanding charges (if applicable), and explain the Company's intention to dispose of the Vehicle if it is not collected within the notice period.
16.2.4 The Company may withdraw or suspend the disposal process where the Customer makes contact and takes reasonable steps to arrange collection of the Vehicle within the notice period.
16.3 Storage and Accruing Charges
16.3.1 The Company reserves the right to charge reasonable storage, administration, and handling fees for any Vehicle not collected within the agreed period.
16.3.2 Such charges may continue to accrue until the Vehicle is collected or disposed of, provided that they remain reasonable, proportionate, and reflective of the costs actually incurred by the Company.
16.3.3 The Company shall provide details of any such charges upon reasonable request.
16.4 Right of Disposal
16.4.1 If the Vehicle is not collected within the notice period specified in Clause 15.2, the Company may, acting reasonably:
- (a) sell the Vehicle;
- (b) arrange for its disposal, destruction or scrapping in accordance with applicable legal requirements
- (c) take such other reasonable steps as may be necessary to dispose of or realise the value of the Vehicle.
16.4.2 Where the Vehicle is sold, the Company may deduct from the sale proceeds any unpaid charges, storage fees, disposal costs, and other reasonable costs incurred in connection with the Vehicle and shall account to the Customer for any remaining balance within a reasonable period.
16.4.2A Where the proceeds of sale are insufficient to discharge the outstanding charges, storage fees, disposal costs and other reasonable costs incurred by the Company, the Customer shall remain liable for the balance.
16.4.3 Subject to Clause 6.1, the Company shall not be liable for any loss arising from disposal of the Vehicle under this Clause, provided that it has complied with this Clause and acted reasonably and in good faith.
16.5 Application of Proceeds
16.5.1 The Company shall be entitled to deduct from any proceeds of sale:
- (a) all outstanding parking, storage, and service charges;
- (b) administrative costs;
- (c) costs of sale, recovery, or disposal; and
- (d) any other reasonable costs incurred in connection with the Vehicle.
16.5.2 using the last known payment details held by the Company or such other payment details as the Customer may provide.
16.6 Risk and Responsibility
16.6.1 The Customer acknowledges that failure to collect the Vehicle following notice given under Clause 15.2 may result in additional charges and, ultimately, disposal of the Vehicle.
16.6.2 Subject to Clause 6.1, the Company shall not be liable for any loss arising from the exercise of its rights under this Clause, provided that it has acted reasonably, in good faith, and in accordance with this Clause.
17. Insurance
17.1 Company Insurance
17.1.1 The Company maintains insurance cover in respect of its legal liability only.
17.1.2 Such insurance is limited to circumstances where the Company is legally liable for loss or damage in accordance with these Terms and applicable law.
17.1.3 The existence of insurance shall not be construed as an acceptance of liability in any individual case.
17.1.4 The Customer acknowledges that the Company's insurance is maintained solely for the protection of the Company's legal liabilities and does not create any contractual or direct right of recovery against the Company's insurer.
17.1.5 The Company shall not be obliged to disclose the terms, limits, exclusions, insurer details, or policy documentation relating to its insurance arrangements except where required by law.
17.2 Scope of Cover
17.2.1 The Company’s insurance does not provide comprehensive cover for all risks associated with the Vehicle.
17.2.2 In particular, and without limitation, the Company’s insurance may not cover:
- (a) loss or damage not caused by the Company’s negligence;
- (b) loss or damage to personal belongings or contents within the Vehicle;
- (c) mechanical or electrical failure;
- (d) environmental or weather-related damage;
- (e) acts of third parties, including theft, attempted theft, vandalism, or criminal damage, except where directly caused by the Company's negligence or failure to exercise reasonable care and skill.
- (f) alloy wheel, tyre, glass, or windscreen damage, except where such damage is directly caused by the negligence of the Company or its employees acting in the course of their duties.
17.2.3 The absence of insurance cover for any particular type of loss or damage shall not, of itself, establish negligence, fault, or liability on the part of the Company.
17.2.4 The Customer acknowledges that the Company's insurance arrangements do not provide comprehensive insurance cover for the Vehicle itself and that the Customer remains responsible for maintaining appropriate motor insurance throughout the booking period.
17.3 Customer Insurance Responsibility
17.3.1 The Customer is responsible for ensuring that the Vehicle remains appropriately insured throughout the booking period in respect of:
- (a) loss or damage not otherwise recoverable from the Company under these Terms or applicable law;
- (b) risks arising from the use, storage, movement, handling, or custody of the Vehicle which are not otherwise assumed by the Company under these Terms;
- (c) risks associated with storage, including environmental exposure and third-party acts.
17.3.2 The Customer acknowledges that failure to maintain appropriate insurance may result in losses which are not recoverable from the Company.
17.4.1 The Customer confirms, to the best of their knowledge and belief, that:
- (a) the Vehicle is lawfully owned, possessed, or controlled by the Customer;
- (b) the Vehicle is roadworthy and complies with all applicable legal requirements; and
- (c) any insurance maintained by the Customer in respect of the Vehicle is valid and in force throughout the booking period.
17.4.2 Subject to Clause 6.1, the Company shall not be liable for any loss, cost, expense, delay, or inability to perform the Services to the extent arising from the Customer's failure to maintain valid and adequate insurance cover.
17.5 Limitation of Recovery
17.5.1 The Customer shall not be entitled to recover the same loss more than once. Where a loss has been fully compensated by an insurer or other third party, the Company shall not be liable to compensate the Customer again for the same loss.
17.5.2 Where a claim is made, the Customer shall use reasonable endeavours to mitigate any loss, including, where appropriate, making a claim under any applicable insurance policy.
17.6 Proof of Insurance
17.6.1 The Company reserves the right to request evidence of valid insurance cover prior to accepting or handling the Vehicle.
17.6.2 Where such evidence is not provided within a reasonable period following a request, the Company may refuse to provide the Services, and shall not be liable for any loss, cost, expense, or delay arising solely from that refusal.
17.7 Risk Acknowledgement
17.7.1 The Customer acknowledges that
- (a) the Services provided are limited in scope; and
- (b) the Customer remains responsible for maintaining appropriate insurance in respect of the Vehicle.
17.7.2 Subject to Clause 6.1, the Company shall not be liable for any loss except to the extent that it is legally liable under these Terms and applicable law.
18. Complaints and Claims Procedure
18.1 Immediate Notification Requirement
18.1.1 The Customer must inspect the Vehicle immediately upon collection.
18.1.2 Any alleged loss, damage, discrepancy, or issue shall be reported to the Company's representative as soon as reasonably practicable at the point of handover and before the Vehicle leaves the designated collection area.
18.1.3 Failure to report any alleged loss, damage, discrepancy, or issue before the Vehicle leaves the designated collection area may materially affect the Company's ability to investigate, verify, or assess the claim and may be taken into account when determining liability. Such failure shall not automatically prevent a claim where the Customer can provide reasonable evidence that the alleged loss, damage, discrepancy, or issue occurred whilst the Vehicle was in the Company's custody or control.
18.2 Submission of Claims
18.2.1 All claims must be submitted in writing to the Company within a reasonable time following notification and must include:
- (a) full details of the alleged loss or damage;
- (b) supporting photographic evidence in accordance with Clause 5;
- (c) any additional information reasonably requested by the Company.
18.2.2 The Company may request further information where a claim is incomplete, unsupported, or lacks sufficient detail. Failure to provide such information within a reasonable period may be taken into account when assessing the claim and may result in the claim being rejected where the omission materially affects the Company's ability to investigate or assess it.
18.3 Evidence and Cooperation
18.3.1 The Customer shall provide all reasonable cooperation required to investigate a claim, including:
- (a) providing further evidence or documentation upon request;
- (b) allowing inspection of the Vehicle where necessary;
- (c) refraining from taking any action that may prejudice the Company’s ability to assess the claim.
18.3.2 Failure to comply with this Clause may be taken into account when assessing the claim and may result in the claim being rejected where such failure materially prejudices the Company's ability to investigate or assess the claim.
18.4 Repairs and Authorisation
18.4.1 No repair work, remedial action, or replacement shall be undertaken without the Company’s prior written consent.
18.4.2 Subject to Clause 6.1, the Company shall not be liable for any costs, losses, or expenses arising from repairs carried out without such consent, except where emergency repairs were reasonably necessary to make the Vehicle safe, secure, or roadworthy.
18.4.3 The Company reserves the right, at its option, to:
- (a) inspect the damage;
- (b) nominate a repairer; or
- (c) settle any valid claim in accordance with its assessment of liability and the available evidence.
18.5 Limitation on Claims
18.5.1 Any claim shall be subject to:
- (a) the provisions of Clause 5 (Condition of Vehicle and Evidence Requirements); and
- (b) the limitations and exclusions set out in Clause 6 (Limitation of Liability).
18.5.2 Subject to Clause 6.1, the Company may reject a claim where, on the balance of probabilities:
- (a) the Vehicle has been removed from the collection area without prior notification of the issue and the Company's ability to investigate has been materially prejudiced;
- (b) the Customer has failed to provide sufficient evidence or information after being given a reasonable opportunity to do so; or
- (c) the available evidence does not establish that the Company is legally responsible for the alleged loss or damage.
18.6 Timeframe and Resolution
18.6.1 The Company shall acknowledge receipt of a claim within a reasonable timeframe and will investigate the matter using reasonable care and skill.
18.6.2 The Company shall use reasonable endeavours to provide a response or decision within a reasonable period, taking into account the complexity of the claim and the availability of evidence.
18.7 Fairness and Statutory Rights
18.7.1 Nothing in this Clause shall affect the Customer’s statutory rights under the Consumer Rights Act 2015 or any other applicable legislation.
18.7.2 The procedures set out in this Clause are intended to ensure that claims are handled fairly, consistently, and efficiently.
19. General Provisions
19.1 No Waiver
19.1.1 No failure or delay by the Company in exercising any right, remedy, or discretion under these Terms shall operate as a waiver of that right, remedy, discretion, or any other right.
19.1.2 Any waiver by the Company shall only be effective if given in writing and shall apply only to the specific circumstance for which it is given.
19.1.3 A single or partial exercise of any right shall not prevent further exercise of that or any other right.
19.1.4 The rights and remedies provided under these Terms are cumulative and not exclusive of any rights or remedies provided by law.
19.2 Severability
19.2.1 If any provision of these Terms is held by a court or competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.
19.2.2 If such modification is not possible, the relevant provision shall be deemed severed.
19.2.3 Any such modification or severance shall not affect the validity and enforceability of the remaining provisions.
19.3 Governing Law and Jurisdiction
19.3.1 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales.
19.3.2 If the Customer is a consumer, the Customer may bring proceedings in the courts of England and Wales or in the courts of the part of the United Kingdom in which the Customer resides. The Company shall bring proceedings only in the courts of the part of the United Kingdom in which the Customer resides or otherwise as permitted by applicable law.
19.4 Entire Agreement
19.4.1 These Terms constitute the entire agreement between the Company and the Customer and supersede all prior agreements, representations, or understandings, whether written or oral.
19.4.2 Nothing in these Terms shall exclude or limit liability for fraudulent misrepresentation or affect any rights the Customer may have under applicable law.
19.5 Variation of Terms
19.5.1 The Company reserves the right to amend or update these Terms from time to time.
19.5.2 Any such changes shall apply to bookings made after the date of publication of the updated Terms.
19.5.3 The Company shall not apply any change to these Terms in a manner that would unfairly disadvantage a Customer in respect of a booking made before the change takes effect.
19.6 Assignment and Subcontracting
19.6.1 The Company may assign, transfer, or subcontract its rights and obligations under these Terms, provided that doing so does not materially reduce the level of service provided to the Customer.
19.6.2 The Customer may not assign or transfer their rights or obligations under these Terms without the Company's prior written consent; such consent not to be unreasonably withheld where assignment would not materially affect the Company's rights or obligations.
19.6.3 The Company shall remain responsible for the acts and omissions of any subcontractor engaged in connection with the Services.
19.7 Third Party Rights
19.7.1 A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.
19.7.2 Nothing in this Clause shall affect any right or remedy of a third party which exists or is available otherwise than under the Contracts (Rights of Third Parties) Act 1999.
19.8 Consumer Rights
19.8.1 Nothing in these Terms shall affect the Customer’s statutory rights under the Consumer Rights Act 2015 or any other applicable law.
19.8.2 The provisions of these Terms are intended to be fair, transparent, and proportionate, and shall be interpreted, where reasonably possible, consistently with applicable consumer protection legislation.
19.9 Electronic Communications
19.9.1 The Customer agrees that the Company may communicate by email, SMS, telephone, mobile messaging application or other electronic means in connection with the Services.
19.9.2 Any notice, instruction, or communication sent using the contact details provided by the Customer shall be deemed received unless the Company becomes aware, or ought reasonably to be aware, that delivery has failed.
20. Data Protection
20.1 Compliance with Data Protection Law
20.1.1 The Company shall process all personal data in accordance with applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
20.1.2 The Company shall process personal data only for legitimate business purposes connected with the provision of the Services and in accordance with its Privacy Policy.
20.1.3 Further information regarding the collection, use, storage, and sharing of personal data is set out in the Company's Privacy Policy, which is available on request and/or on the Company's website.
20.2 Collection and Use of Personal Data
20.2.1 The Company may collect and process personal data provided by the Customer for the purposes of:
- (a) providing and managing the Services;
- (b) processing bookings and payments;
- (c) communicating with the Customer regarding their booking;
- (d) ensuring security, fraud prevention, and operational safety;
- (e) complying with legal and regulatory obligations and
- (f) administering claims, complaints, insurance matters, and customer support services.
20.3 Sharing of Data
20.3.1 The Company may share personal data with:
- (a) employees, agents, and subcontractors where necessary to deliver the Services;
- (b) third-party service providers (including payment processors and IT providers);
- (c) airport authorities or regulatory bodies where required by law or operational necessity.
20.3.2 The Company shall take reasonable steps to ensure that any third party receiving personal data processes such data in accordance with applicable data protection laws and appropriate confidentiality obligations.
20.3.3 The Customer acknowledges that personal data may be shared with insurers, recovery operators, professional advisers, legal representatives, payment providers, airport operators, regulatory authorities, law enforcement agencies, or other third parties where reasonably necessary for the provision of the Services, compliance with legal obligations, fraud prevention, debt recovery, or the establishment, exercise, or defence of legal claims.
20.4 Data Security
20.4.1 The Company shall implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration, misuse, or disclosure.
20.4.2 The Company shall take reasonable steps to ensure that employees, agents, and subcontractors who have access to personal data are subject to appropriate confidentiality obligations.
20.4.3 In the event of a personal data breach, the Company shall comply with its obligations under applicable data protection legislation.
20.5 Retention of Data
20.5.1 Personal data shall be retained only for as long as is reasonably necessary to fulfil the purposes for which it was collected and to comply with applicable legal, regulatory, accounting, insurance, or dispute resolution requirements.
20.5.2 The Company shall securely delete, anonymise, or otherwise dispose of personal data when it is no longer required, subject to any legal obligation to retain it.
20.6 Customer Rights
20.6.1 The Customer has the right to:
- (a) request access to their personal data;
- (b) request correction of inaccurate data;
- (c) request erasure of data where applicable;
- (d) object to or restrict processing in certain circumstances.
- (e) lodge a complaint with the Information Commissioner's Office (ICO) or any successor supervisory authority.
20.6.2 Requests relating to personal data may be made using the contact details set out in the Company's Privacy Policy or on the Company's website.
20.6.3 The Company shall respond to valid data protection requests in accordance with applicable data protection legislation.
20.7 Privacy Policy
20.7.1 The Company's Privacy Policy forms part of the information provided to Customers regarding the processing of personal data and shall be read alongside these Terms. The Privacy Policy is available on the Company's website.
20.7.2 In the event of any inconsistency between these Terms and the Privacy Policy in relation to the processing of personal data, the Privacy Policy shall prevail.
21. Lien and Right to Retain Vehicle
21.1 Right of Lien
21.1.1 Subject to applicable law, the Company shall be entitled to exercise a contractual right of retention over the Vehicle and, where permitted by law, a lien over the Vehicle in respect of any sums properly due and payable by the Customer under these Terms, including parking charges, agreed fees, reasonable administrative costs, recovery costs, and other reasonable expenses incurred in connection with the Vehicle.
21.2 Right to Retain Possession
21.2.1 Subject to applicable law, the Company may retain possession of the Vehicle and refuse its release until all sums properly due and payable under these Terms have been paid in full.
21.2.2 Such retention shall be exercised reasonably and in good faith and shall not affect any other rights or remedies available to the Company.
21.2.3 The Company shall provide reasonable details of any sums claimed under this Clause upon request.
21.2.4 The Company shall not exercise any right of retention or lien in a manner that would unlawfully restrict or exclude any statutory rights of the Customer.
21.3 Notice of Outstanding Sums
21.3.1 The Company shall provide the Customer with reasonable details of any outstanding charges relied upon under this Clause and, upon request, a summary of such charges.
21.3.2 The Customer shall be given a reasonable opportunity to settle such sums prior to continued retention or further action.
21.4 Continued Charges During Retention
21.4.1 Where the Vehicle is retained due to sums properly due and payable remaining unpaid, the Company may charge reasonable and proportionate storage and administrative costs incurred during the retention period.20.4.2 Such charges shall be proportionate and reflective of the costs incurred.
21.4.3 Details of any storage or administrative charges accrued during the retention period shall be provided to the Customer upon reasonable request.
21.5 Enforcement of Lien
21.5.1 Where any sums properly due and payable remain unpaid after a reasonable period and following written notice to the Customer, the Company may, subject to applicable law, exercise its rights under Clause 15 (Abandoned Vehicles), including the sale or disposal of the Vehicle, in accordance with the requirements of that Clause and applicable law.
21.5.2 The Company shall use reasonable endeavours to notify the Customer and provide a reasonable opportunity to settle any outstanding sums before exercising any right of sale or disposal under this Clause.
21.6 Customer Acknowledgement
21.6.1 The Customer acknowledges that:
- (a) the retention and lien rights set out in this Clause are intended to protect the Company's legitimate interests in recovering sums properly due and payable under these Terms;
- (b) the procedures set out in this Clause are intended to be reasonable, proportionate, and consistent with applicable law; and
- (c) the Company will exercise any such rights reasonably, in good faith, and having regard to the circumstances of the case.
22. Cancellation and Refund Policy
22.1 Third-Party Bookings
22.1.1 For bookings made directly with the Company, the Customer must provide not less than twenty-four (24) hours' notice prior to the scheduled booking start time in order to qualify for any refund otherwise available under these Terms.
22.1.2 Cancellation requests must be submitted via the Company's designated cancellation email address (cancellation@daybydayparking.com) or such other method as the Company may make available from time to time.
22.1.3 Travel Disruption, Failure to Travel and Delayed Departures
Where a Customer is unable to commence, continue, or complete their travel plans due to flight cancellations, airline disruption, war, civil unrest, terrorism, government restrictions, adverse weather, illness, injury, loss, theft, expiry or invalidity of travel documents, passport issues, visa issues, missed flights, personal circumstances, or any other matter outside the Company's reasonable control, the Booking shall remain subject to these Terms. Unless otherwise required by applicable law, no refund, credit, extension, reduction in charges, or compensation shall be payable where the Customer cancels, abandons, shortens, delays, or otherwise fails to use all or part of the Booking due to circumstances outside the Company's reasonable control. Customers are advised to obtain appropriate travel insurance to cover such risks. The Customer is responsible for ensuring that appropriate travel insurance is in place where they wish to obtain protection against cancellation, disruption, curtailment, delayed departures, missed flights, illness, loss of travel documents, or similar travel-related risks.
22.1.4 Delayed Departures
Where a customer’s departure is delayed and the Vehicle is delivered to the Company after the booked start date, the Company may, at its discretion, permit the Booking to continue for the remainder of the original Booking period. The original Booking end date shall remain unchanged unless otherwise agreed in writing by the Company.
22.1.5 Additional Parking Charges
Any additional parking days beyond the original Booking end date shall be chargeable at the Company's prevailing rates in force at the time the additional parking is provided. For example, where a Booking is made from 1 January to 7 January and the Customer does not travel until 4 January, the Booking shall still expire on 7 January unless the Company agrees otherwise in writing and any additional parking days required shall be charged separately.
22.1.6 Failure to Travel
The inability of the Customer to travel, whether due to illness, injury, airline disruption, travel document issues, passport issues, visa issues, missed flights, personal circumstances, government restrictions or any other matter outside the Company's reasonable control, shall not of itself entitle the Customer to a refund, credit, extension of the Booking period or waiver of any charges otherwise payable under these Terms and Conditions.
22.1.7 Travel Insurance and Airline Claims
The Company may, at its discretion, provide reasonable confirmation of booking details, parking charges paid, or attendance records for the purpose of supporting a Customer's travel insurance or airline compensation claim. The Company does not guarantee that any claim will be accepted and accepts no responsibility for the outcome of any claim made against an airline, insurer or other third party.
22.1.8 Refund Method
Any refund due under this Clause shall be made using the original payment method used for the Booking unless otherwise agreed between the Company and the Customer.
22.1.9 Statutory Rights
Nothing in this Clause shall affect any statutory rights the Customer may have under applicable consumer protection legislation.
22.2 Direct Bookings – Cancellation Requirements
22.2.1 For bookings made directly with the Company, the Customer must provide not less than twenty-four (24) hours’ notice prior to the scheduled booking start time to cancel the booking.
22.2.2 Cancellation requests must be submitted via the Company’s designated email address - cancellation@daybydayparking.com
22.3 Refund Eligibility
22.3.1 Where valid notice is provided in accordance with Clause 21.2, the Customer may be entitled to a refund, subject to any reasonable administrative or processing fees.
22.3.2 Where less than twenty-four (24) hours' notice is provided, the Customer may not be entitled to a refund, subject to any reasonable administrative or processing fee reflecting costs incurred by the Company.
22.4 Amendments and Changes
22.4.1 The Company may, at its discretion, permit amendments to booking times or dates where reasonable notice is provided, and the requested amendment is operationally feasible.
22.4.2 Any such amendment may be subject to availability and may incur additional charges in accordance with Clause 14.
22.4.3 Where a booking was made through a third-party booking agent or intermediary, any amendment request may be subject to the procedures and conditions of that third party.
22.5 Processing of Refunds
22.5.1 Where a booking was made through a third-party booking agent, travel intermediary, or reseller, any refund request shall be submitted to and processed by that third party in accordance with its own refund procedures.
22.5.2 The Company shall not be responsible for delays in processing or receiving refunds that are solely attributable to third-party payment providers or third-party booking agents.
22.5.3 Where a refund is approved for a direct booking, the Company shall use reasonable endeavours to process the refund within a reasonable period.
22.6 Fairness and Statutory Rights
22.6.1 Nothing in this Clause shall affect the Customer’s statutory rights under the Consumer Rights Act 2015 or any other applicable legislation.
22.6.2 The cancellation and refund provisions set out in this Clause are intended to be reasonable and proportionate, having regard to operational planning, resource allocation, and the Company's legitimate business interests.
23. No Show and Failure to Attend
23.1 "No Show"
23.1.1 A booking shall be deemed a “No Show” where the Customer:
- (a) fails to attend at the agreed location at the scheduled booking time;
- (b) fails to make the mandatory pre-arrival contact with the Company’s driver in accordance with Clause 4;
- (c) fails to respond to reasonable attempts by the Company to establish contact; or
- (d) is not ready to hand over or collect the Vehicle within a reasonable period after the agreed handover or collection time.
23.2 Consequences of No Show
23.2.1 In the event of a No Show:
- (a) the Company shall be under no obligation to provide the Services at the originally scheduled time;
- (b) the booking may be treated as cancelled; and
- (c) the Company shall not be liable for any delay, cost, loss, or inconvenience arising directly from the Customer's failure to attend at the agreed time, except to the extent that such liability cannot lawfully be excluded.
23.2.2 The Company may, at its discretion and subject to operational availability, offer to rearrange the Booking; however, additional charges may apply and the Company does not guarantee that the Services can be provided on the same day.
23.3 Charges and Refunds
23.3.1 Subject to applicable law, a Customer who is deemed a No Show may not be entitled to any refund.
23.3.2 The Company may recover reasonable and proportionate costs incurred as a result of the No Show, including:
- (a) driver waiting time;
- (b) aborted journeys;
- (c) airport access or parking charges incurred;
- (d) administrative costs arising from the failure to attend.
23.3.3 Any such charges shall be reasonable and proportionate in accordance with Clause 14.
23.4 Late Arrival
23.4.1 Where the Customer arrives later than the agreed handover time but still wishes to proceed with the booking:
- (a) the Company shall use reasonable endeavours to accommodate the Customer;
- (b) provision of the Services shall be subject to operational availability; and
- (c) additional waiting, rescheduling, or administrative charges may apply, provided such charges are reasonable and proportionate.
23.4.2 Where a late arrival prevents the Company from providing the Services due to operational constraints, the Booking may be treated as a No Show in accordance with this Clause.
23.5 Customer Responsibility
23.5.1 The Customer is responsible for:
- (a) allowing sufficient time to reach the designated location;
- (b) complying with all communication requirements; and
- (c) ensuring availability at the agreed time.
23.5.2 The Customer acknowledges that failure to comply with these obligations may result in delay, loss of service, additional charges, or other consequences under this Clause.
24.1 Vehicle Movement and Mileage
24.1.1 Authorised Movement of Vehicle
24.1.2 The Customer authorises the Company to drive and move the Vehicle as reasonably necessary for the provision of the Services, including but not limited to:
- (a) transportation between the airport and storage facility;
- (b) repositioning within storage areas;
- (c) movement of the Vehicle for operational, safety, security, or logistical reasons;
- (d) relocation between storage locations where reasonably required for operational, safety, security, or logistical reasons
- (e) facilitating maintenance, inspection, cleaning, security checks, or emergency procedures where reasonably required in connection with the Services.
- (f) road testing where reasonably necessary following maintenance, inspection, repair, safety checks, or operational requirements.
24.2 Expected Mileage
24.2.1 The Customer acknowledges that the Vehicle will incur mileage as part of the normal operation of the Services.
24.2.2 Under normal operating conditions, the total mileage added to the Vehicle during the provision of the Services is generally expected not to exceed thirty (30) miles. This is an estimate only and additional mileage may be incurred where reasonably necessary in accordance with Clause 24.1.
24.3 Variations in Mileage
24.3.1 The Customer acknowledges that mileage may exceed the typical range due to circumstances beyond the Company’s control, including but not limited to:
- (a) road closures, diversions, or traffic conditions;
- (b) changes to airport access routes or operational restrictions;
- (c) relocation of storage facilities;
- (d) safety, security, or operational requirements;
- (e) Force Majeure Events as defined in Clause 11.
24.3.2 Any such additional mileage shall be reasonable, proportionate, and no more than is reasonably necessary in the circumstances.
24.3.3 The Customer acknowledges that mileage incurred in accordance with this Clause shall not, of itself, constitute loss, damage, diminution in value, or grounds for compensation, refund, or any other claim.
24.4 No Liability for Reasonable Mileage
24.4.1 Subject to Clause 6.1, the Company shall not be liable for any loss, cost, claim, diminution in value, or inconvenience arising solely from mileage added to the Vehicle where such mileage is reasonably incurred in connection with the provision of the Services and in accordance with this Clause 23.
- (a) reasonably incurred in the provision of the Services; and
- (b) where such mileage is reasonably and proportionately incurred in the provision of the Services and is consistent with the provisions of Clause 23.
24.5 Excessive or Unauthorised Use
24.5.1 The Company shall not use the Vehicle for any purpose unrelated to the provision of the Services.
24.5.2 Any use of the Vehicle beyond what is reasonably required for the Services shall not be permitted.
24.6 Customer Acknowledgement
24.6.1 The Customer acknowledges and agrees that:
- (a) movement of the Vehicle is an essential part of the Service; and
- (b) the mileage provisions set out in this Clause are intended to be reasonable and proportionate in the context of the Services provided.
24.7 Fuel
24.7.1 The Customer acknowledges that a reasonable amount of fuel may be consumed during the collection, movement, storage, relocation, testing, and return of the Vehicle as part of the normal provision of the Services.
24.7.2 Subject to Clause 6.1, the Company shall not be liable to compensate the Customer for reasonable fuel consumption incurred in connection with the Services where such consumption is reasonably necessary for operational, safety, security, testing, relocation, storage, collection, or return purposes.
25. Vehicle Contents and Personal Property
25.1 Removal of Personal Items
25.1.1 The Customer is solely responsible for removing all personal belongings, valuables, and loose items from the Vehicle prior to handover.
25.1.2 The Customer is strongly advised not to leave any items of value in the Vehicle, including but not limited to:
- (a) cash, jewellery, or electronic devices;
- (b) documents or personal data;
- (c) luggage, bags, or portable equipment;
- (d) keys, key fobs, or access devices not required for operation of the Vehicle.
25.2 Items Left in Vehicle
25.2.1 Any items left in the Vehicle shall be left entirely at the Customer’s own risk.
25.2.2 Subject to Clause 6.1 and applicable law, the Company does not accept custody of, nor assume responsibility for, personal property left within the Vehicle and shall not be liable for its loss, theft, damage, or deterioration.
25.2.3 Where personal property is found within the Vehicle, the Company may, at its discretion and subject to operational requirements, arrange for its return to the Customer. The Company may charge a reasonable administration, handling, storage, postage, courier, retrieval, or delivery fee in connection with such return.
25.2.4 The Company shall not be liable for any delay in locating, retrieving, storing, or returning personal property left within the Vehicle.
25.2.5 Subject to applicable law, any unclaimed personal property may be disposed of, donated, destroyed, or otherwise dealt with after a reasonable period and following reasonable efforts to contact the Customer.
25.3 Exclusion of Liability
25.3.1 Subject to Clause 6.1 (Non-Excludable Liability) and applicable law, the Company shall not be liable for loss of or damage to personal property or contents left in the Vehicle where such loss or damage is not caused by the Company's negligence or wilful misconduct, including but not limited to:
- (a) theft, attempted theft, or criminal damage;
- (b) loss, misplacement, or accidental removal;
- (c) acts or omissions of third parties;
- (d) environmental or external conditions.
25.4 No Inventory or Verification
25.4.1 The Company shall not be required to inspect, record, or verify the contents of the Vehicle at any time.
25.4.2 Subject to Clause 6.1 and applicable law, the Company shall not be liable for any claim relating to items allegedly left in the Vehicle unless the Customer provides independent and verifiable evidence that such items were present in the Vehicle at the time of handover and were subsequently lost or damaged while in the Company's custody.
25.4.3 The Customer acknowledges that the Company does not routinely inspect, photograph, inventory, or verify personal property left within Vehicles and that responsibility for retaining evidence of such items remains with the Customer.
25.5 Customer Acknowledgement
25.5.1 The Customer acknowledges and agrees that:
- (a) the Vehicle is accepted for parking, storage, and related operational purposes only and not for the safekeeping, custody, or supervision of its contents;
- (b) the Company does not undertake to monitor, inventory, or insure personal belongings left within the Vehicle and customers shall not rely on the Company to do so; and
- (c) the provisions of this Clause are intended to be fair, reasonable, and proportionate having regard to the nature of the Services provided.
26.1 CCTV, Dashcams, and Vehicle Monitoring Systems
26.1.1 The Company operates CCTV and/or other surveillance systems at its premises and, where applicable, at locations used in connection with the provision of the Services.
26.1.2 Such systems are used for purposes including but not limited to:
- (a) security and crime prevention;
- (b) protection of Vehicles and property;
- (c) staff safety and operational monitoring;
- (d) investigation and resolution of complaints or claims.
26.1.3 The Customer acknowledges that the Vehicle may contain dashcams, telematics systems, tracking devices, event data recorders, driver-assistance systems, or other recording equipment capable of capturing images, audio, location data, vehicle data, or other information during the provision of the Services.
26.1.4 The Company shall not be responsible for the operation, functionality, storage, retention, deletion, loss, or corruption of any data recorded by such systems, except to the extent caused by the Company's negligence or wilful misconduct.
26.1.5 The Customer remains responsible for ensuring that any recording devices fitted to the Vehicle are operated in compliance with applicable law.
26.2 Data Processing and Compliance
26.2.1 Any images, recordings, or data captured by CCTV or similar systems shall be processed in accordance with applicable data protection legislation, including the UK GDPR and Data Protection Act 2018.
26.2.2 Further details regarding the processing of such data are set out in the Company's Privacy Policy.
26.2.3 Nothing in this Clause obliges the Company to retain CCTV footage, recordings, or other data for any specific period beyond that required by applicable law, operational requirements, or the Company's data retention policies.
26.3 Vehicle Dashcams and Recording Devices
26.3.1 The Customer acknowledges that Vehicles may be fitted with dashcams, telematics systems, tracking devices, or other recording equipment.
26.3.2 For safety, security, operational, maintenance, data protection, legal, compliance, or privacy reasons, the Company may temporarily disconnect, disable, cover, reposition, power down, remove from operation, or otherwise suspend the operation of any dashcam or recording device fitted to the Vehicle where reasonably necessary and proportionate to do so.25.3.3 The Customer acknowledges that such action may be necessary in order to:
- (a) prevent battery drain, overheating, equipment malfunction, or damage to the Vehicle;
- (b) protect the security of the Vehicle, storage facilities, operational procedures, access routes, and secure areas;
- (c) protect the privacy and personal data of employees, contractors, customers, airport personnel, and other third parties;
- (d) comply with applicable data protection, privacy, security, health and safety, or legal requirements;
- (e) facilitate the safe handling, storage, transportation, inspection, maintenance, or movement of the Vehicle; and
- (f) prevent interference with operational activities, security measures, or other systems used in connection with the Services.
26.3.4 Subject to Clause 6.1 (Non-Excludable Liability) and applicable law, the Company shall not be liable for any loss of recordings, data, functionality, settings, or interruption of recording capability resulting from actions reasonably taken under this Clause.
26.4 Tracking Devices and Telematics
26.4.1 The Customer shall notify the Company prior to handover of any tracking device, telematics system, or monitoring technology fitted to the Vehicle that may affect the provision of the Services or require special handling.
26.4.2 Subject to Clause 6.1, the Company shall not be liable for:
- (a) any temporary interruption, deactivation, interference with, or disruption to such systems arising from the provision of the Services;
- (b) any data inaccuracies or interruptions;
- (c) any conclusions, assumptions, or allegations based solely on tracking, telematics, location, or monitoring data without consideration of all relevant circumstances and evidence.
26.4.3 Tracking, telematics, location, or monitoring data shall not, by itself, be conclusive evidence of the location, use, condition, or treatment of the Vehicle and shall be considered together with all other relevant evidence.
26.4.4 The Customer acknowledges that tracking, telematics, dashcam, or monitoring systems may not record continuously and may contain inaccuracies, delays, interruptions, gaps, signal loss, or other errors. Such data should not be relied upon as the sole record of events.
26.5 Use of Recorded Data in Disputes
26.5.1 The Company may use CCTV footage or other recorded data as evidence in connection with:
- (a) investigating incidents or claims;
- (b) defending legal proceedings or disputes;
- (c) complying with legal or regulatory obligations.
26.5.2 The Customer acknowledges and agrees that such data may be relied upon by the Company, together with any other relevant evidence, where relevant and lawfully permitted.
26.5.3 Recorded data may be disclosed to insurers, legal advisers, law enforcement agencies, regulatory authorities, or other persons where reasonably necessary for the purposes set out in Clause 25.5.1 and where permitted by applicable law and data protection legislation.