These Term and Conditions set out the terms of Membership in respect of Drive Thru Parking at the Car Park, your legal rights and responsibilities, our legal rights and responsibilities and certain key information required by law. Please take the time to read these Terms and Conditions before you agree to become a Member. If you choose to become a Member will be required to comply with these Terms and Conditions and a contract will be formed between you and us which will govern all Tickets purchased by you and your parking at the Car Park. If you do not accept these Terms and Conditions please do not sign up to be a Member.
1.1 In these Terms and Conditions, the following words and expression have the following meanings:
“ANPR Equipment” means the automatic number plate recognition system used to record the time of entry and exit of Vehicles to and from the Car Park and a Vehicle’s registration number;
“App” means our application software designed to run on a mobile device, such as a smartphone or tablet to enable you to become a Member and/or browse our Website;
“Car Park” means the car parks Centre car park, Moor Street car park, Edgbaston car park ;
“Car Park Terms and Conditions” means the terms and conditions displayed in the Car Park;
“Company” means The Bull Ring Limited Partnership (registered company number LP006353) acting by its general partner Bull Ring (GP) Limited (registered company number 03744396) (“we” or “us” or “our”);
“Customer Account” means your individual account, containing your personal details for the purposes of permitting you to pay the Parking Tariffs (and other services as applicable);
“Customer Account Benefits” means any discounted Parking Tariff or other benefits which we notify to the Member from time to time, which may be accessed through their Customer Account;
“Data Protection Laws” means all applicable laws relating to data protection, the processing of personal data and privacy, including (without limitation): the Data Protection Act 2018; the General Data Protection Regulation (EU) 2016/679; and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as may be amended by the proposed Regulation on Privacy and Electronic Communications);
“Drive Thru” means the service, which allows Members to pay the Parking Tariff automatically, without the need to pay for the Parking Event using the machines in the Car Park;
“Member” means any person, corporate entity or other body that has a valid membership contract with the Company in respect of the Drive Thru and “Membership” means that membership. In these Terms and Conditions “you” or “your” is a reference to the Member;
“Parking Event” means a single occasion of arriving, parking and leaving the Car Park. The duration of the event (from arrival to leaving) is used to apply the Parking Tariff in the absence of a Member having another payment option;
“Parking Tariff” means the fee(s) payable by Members for parking at the Car Park;
“Standard Parking Tariff” means the fee(s) payable by non-members for parking at the Car Park as displayed on the signs at the Car Park and published on the Website;
“Vehicle” means any motor vehicle, including motorcycles and including any equipment, attachments or accessories to that vehicle, which is brought into the Car Park;
“Website” means our website www.bullring.co.uk.
2. Car Park Terms and Conditions
Your use of the Car Park is governed by our Car Park Terms and Conditions. By becoming a Member, you agree to comply with the Car Park Terms and Conditions in addition to these Terms and Conditions of Membership.
3. How to Become a Member
3.2 You are able to associate one vehicle registration number with a single Membership.
3.3 You will also be required to provide valid payment credit or debit card details to our payment services provider, Advam Pty Ltd. When registering your financial details, you will be re-directed from our Website to the website of our payment services provider. We will not have access to or retain your payment details. You are responsible for ensuring that Advam Pty Ltd always has up-to-date payment information for you. If you do not have valid payment details on record, you will not be able to purchase Tickets through the Website and/or our App or your payment for a Parking Event may be declined, in which case we reserve the right to refuse your entry to and/or exit from the Car Park until all outstanding sums have been paid.
3.4 You will need a user name and password in order to access your Customer Account on our Website. It is your responsibility to keep this information secret and confidential and not to disclose it to any other person.
3.5 If you think that somebody else might know your user name or password then you must log in to your Customer Account and change these as soon as possible.
3.6 We reserve the right to disable your Customer Account at any time if, in our reasonable opinion, you fail to comply with any of these Terms and Conditions or if we consider that there may be a security risk.
4. Your Membership
4.1 As a Member, your Membership relationship with us is governed by these Terms and Conditions.
4.2 Membership allows you to pay to use the Car Park at a preferential rate to the Standard Parking Tariff, receive offers and promotions from us (which are only available to Members) using our Website and/or App.
4.3 By becoming a Member, you will have access to the Customer Account Benefits. We will advise you of any Customer Account Benefits and any changes to the Parking Tariff, applicable to you from time to time, by email, telephone or by SMS message, where you have consented to receive this. You are under no obligation to receive these notifications and you can opt out of receiving any notifications at any time though your Customer Account.
4.4 Please note, Membership does not guarantee that a car park space will be available at the Car Park.
4.5 You can cancel your Membership at any time through your Customer Account on our Website and/or via our App.
4.6 We reserve the right to cancel your Membership at any time at our discretion by giving you written notice by email or by post.
5. Customer Support
If you have any questions about these Terms and Conditions, or the use of your Customer Account, please contact our customer contact centre by email using the contact details set out in paragraph 10 below.
6.1 The ANPR Equipment is used to establish when your Vehicle arrives at and departs from the Car Park to calculate the duration of your stay and the applicable Parking Tariff.
6.2 As a Member, you will be required to pay the applicable Parking Tariff in accordance with your Membership contract with us. If, for any reason, your Membership is no longer valid or you do not have a valid payment method on your Customer Account or we are unable to take payment, you will be treated for the purpose of these Terms and Conditions as a non-member and will be required to comply with the Car Park Terms and Conditions and pay the Standard Parking Tariff.
7. Payments and Refunds
7.1 Payment for your Parking Events are handled by our payment services provider, Advam Pty Ltd using the payment details you have provided to them.
7.2 If we are unable to take payment:
7.2.1 due to your act or omission (including any refusal by your bank or credit card provider to process payment); or
7.2.2 you owe money for any Parking Event, then we will contact you using the details you have provided to arrange payment. In these circumstances, we are entitled to charge you an additional £10 administration fee to cover our costs. No fee will be due if we are unable to take payment due to our default.
7.3 Any refund to you of any amounts you have paid to us will also be handled by our payment services provider. Refunds will be made to the payment method you used to make payment, unless you agree otherwise with our payment provider.
8. Our Responsibilities to You
8.1 We will use reasonable skill and care in performing our obligations under these Terms and Conditions.
8.2 If you are a consumer and we fail to comply with these Terms and Conditions, we will be responsible to you for:
8.2.1 any loss or damage that you suffer that is a foreseeable result of our breach of these Terms and Conditions. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time the contract between us was formed;
8.2.2 any loss or damage that you suffer as a result of our negligence (or the negligence of our employees or agents); and
8.2.3 death or personal injury caused by our acts or omissions (or the acts or omissions of our employees or agents).
However, we will not be responsible to you for any business losses or any other losses that were not reasonably foreseeable at the time of entering into a contract with you.
8.3 If you are not a consumer, we will not be liable to you in respect of:
8.3.1 any direct or indirect economic or business losses, including loss of profit, loss of anticipated savings, loss of revenue, loss of business or any indirect, special or consequential losses howsoever arising; or
8.3.2 any loss and/or damage to your Vehicle or death or personal injury to you unless it is proved to be caused by our negligence (or the negligence of our employees or agents).
Nothing in this paragraph will exclude or limit our liability to you for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, our liability.
8.4 If you believe you have a claim against us please contact us using the details set out in paragraph 10 below.
9. Variation of the Terms and Conditions
9.1 We reserve the right to change these Terms and Conditions at any time, for example, to comply with law or to address issues that are impacting on the operation of the Car Park and/or our customers. We will notify you of any changes, to the email address you provide. We will also put a notice on the Website and/or App to say that these Terms and Conditions have changed. If you do not agree with any changes to these Terms and Conditions you have the right to cancel your Membership under paragraph 4.5.
9.2 We reserve the right to withdraw our membership scheme at any time.
10. General Enquiries and Complaints
In writing to: Bullring & Grand Central, Birmingham, B5 4BU.
Email to: firstname.lastname@example.org
11. Entire Agreement
11.1 This paragraph 11 will not apply to you if you are a consumer.
11.2 These Terms and Conditions constitute the entire agreement between you and us and supersede any prior agreement or arrangement in respect of your Membership and:
11.2.1 you have not entered into this arrangement in reliance upon, and will have no remedy in respect of, any misrepresentation, representation or statement (whether made by us or any other person and whether made to you or any other person) which is not expressly set out in these Terms and Conditions; and
11.2.2 nothing in this paragraph 11 will be interpreted or construed as limiting or excluding the liability of any person for fraud or fraudulent misrepresentation.
11.3 All warranties, conditions and other terms implied by law (whether by statute, common law or otherwise) are excluded from these Terms and Conditions.
12. Applicable Law
12.1 If you are a consumer these Terms and Conditions are governed by the law of England and Wales and the courts of England and Wales have non-exclusive jurisdiction to determine any dispute arising out of or in connection with them. If you are resident in Scotland you may also bring proceedings in Scotland and if you are resident in Northern Ireland you may also bring proceedings in Northern Ireland.
12.2 If you are a business user these Terms and Conditions (and any non-contractual obligations arising out of or in connection with them) are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with them (including without limitation in relation to any non-contractual obligations).