1.1. “Agreement” means the agreement between ParkBee and the Customer regarding the Service;
1.2. “ANPR” means Automatic Number Plate Recognition;
1.3. “Car Park” means the parking facilities in the area and/or building managed by (or on behalf of) us and designated for parking Vehicles;
1.4.“Force Majeure Events” means any events or circumstances, or any combination of such events or circumstances, which are not attributable to ParkBee, including but not limited to malfunctions of the internet or other telecommunications facilities, failures by (third) parties on which ParkBee depends when providing the Service (including but not limited to Parkmobile or parties (such as garage or real estate owners) offering the Car Parks), power outage or failure, malfunctioning of the Car Parks, the defective condition of items, equipment, software, data provided by the Customer, or other materials which the Customer has instructed ParkBee to use and/or the non-availability of one or more members of staff (due to illness, strikes or otherwise);
1.5. “Parking Charge” means any unpaid parking charge(s), together with an additional amount representing an estimate of the additional expenses ParkBee will incur as a result of the Customer’s non-compliance;
1.6. “Parking Charge Notice” means a notification requiring the Customer to pay any unpaid Parking Charge(s); to which legal action can be taken.
1.7.“Parking Tariff” means the separate parking fees for use of the parking space in the relevant Car Park.
1.8. “DfT” means Department for Transport;
1.9. “Reservation” means the online reservation made via the Service by the Customer to make use of an undesignated parking spot in a Car Park on a particular date and time, by providing the Vehicle’s VRN and other personal data required for ParkBee to process the reservation;
1.10. “Service” means the ParkBee software and technology for making Reservations and purchasing a Subscription for the use of Car Parks, which is available to access via Third Party Applications and directly on the ParkBee Website.
1.11. “Third Party Applications” means any third party application, in which the Service is integrated to provide the Service such as RingGo.
1.12. “Vehicle” means any vehicle used to convey passengers or items, that enters the Car Park, including any mechanical device on wheels or tracks, its equipment and accessories;
1.13. “VRN” means vehicle registration number.
1.14 “Subscription” means the monthly subscription arrangement for which the Customer pays a monthly subscription fee, which allows the Customer use of an undesignated parking space in a selected Car Park. Once a subscription agreement is entered into, we will confirm to the Customer in written format, the specific details of the subscription unique to the Customer, including:
a. The name of the specific car park
b. The amount of the monthly subscription fee and the date the fees are deducted every month;
c. The number of months (term) for which the subscription has been entered into.
1.15 “ParkBee Website” means http://www.parkbee.com/uk/
2. Services – General
2.1. The Customer may use the Service, directly through the ParkBee Website or through a Third Party Application. When using a Third Party Application, payment will be handled by the Third Party Application but an agreement is still concluded between the Customer and ParkBee once a Reservation is purchased.
2.2. The Third-Party Application provides ParkBee with the necessary information about the Vehicle in order to provide the Service.
2.3. Payment for a Reservation or Subscription does not include the Parking Tariff. Payment of the Parking Tariff is handled by ParkBee. When using the Service to make a Reservation the Customer can choose to pay the Parking Tariff in advance. If the Customer requires to stay longer than the prepaid period covered by the Parking Tariff, they can book and pay the additional Parking Tariff to cover an extended stay through the Service.
2.4. When the Customer uses the Service to make a Reservation but chooses to pay the Parking Tariff on the day of the Reservation, the Customer receives a link with which the Customer can enter the Car Park. The Customer then makes payment for the Parking Tariff through a link before leaving the Car Park.
3. Tariff and Reservation fee
3.1. The Parking Tariff payable by the Customer (as applicable) is displayed on the tariff board in the Service. The applicable fee payable by the Customer for a Reservation will be displayed in the Reservation process (the “Reservation Fee”), and will have to be agreed to, in order to successfully complete a Reservation. Depending on how a Reservation is made, the Reservation Fee will have to be paid either in advance, directly to ParkBee, or afterwards, for example through Third Party Applications.
3.2. Unless agreed otherwise, the Customer is obliged to pay the Parking Tariff and Reservation Fee and to comply with any instructions on the tariff board as supplemented by these Terms, and failure to do so may result in us issuing you with a Parking Charge Notice (please refer to clause 7 (Parking Contraventions) of these Terms).
3.3. ParkBee is at all times entitled to change the Parking Tariffs, Reservation costs and Subscription monthly charges in a reasonable manner and to the extent permitted by law, and/or to change its pricing model.
3.4. ParkBee may use a dynamic pricing model to determine the appropriate parking rate/tariff. This is determined by algorithms based on predicted occupancy at a car park and can differ between Customers. These parking rates/tariffs may be discounted during quiet parts of the day or may increase during busier times of the day.
4.1. Note that certain designated Car Parks allow for Reservations to be made for a particular time period in advance, as indicated in the Reservation process. A Reservation may in some situations be mandatory for using the Services in a particular Car Park.
4.2. Once a Reservation is made, the Customer shall be entitled to enter the relevant Car Park during a limited time period, as indicated during the Reservation process. You should check the opening hours of the relevant Car Park so that you are able to enter the premises of the Car Park within the mentioned time period before completing a Reservation.
4.3. In order to complete a Reservation, we will need the Customer’s Vehicle’s VRN. Once a Reservation is made, the Customer will be able to enter the Car Park, in accordance with these Terms, with the Vehicle of which the VRN was submitted, and/or using Third Party Applications.
4.4. Reservations can be cancelled by sending an email to firstname.lastname@example.org or by clicking through the self-cancellation feature in the Customer’s reservation confirmation email. Reservation Fees for cancelled Reservations will only be fully refunded in the following cases:
Within 30 minutes after booking a Reservation
Up to 24 hours before the Reservation start time.
5.1. A Subscription is purchased directly from ParkBee. Once the Subscription is activated, the Customer can enter and leave the relevant Car Park at any time, (subject to the relevant Car Park’s opening hours and Terms & Conditions for the length of the Subscription.
5.2. The Customer needs to set up a user account on ParkBee’s Website in order to use a Subscription. The user account will enable the Customer to subscribe to the Car Park and set up a monthly billing cycle of the subscription fees (the “Subscription Fees”).
5.3. The Customer sets up the payment of the Subscription Fees to activate a Subscription and create the first billing cycle. The date of the first payment of the Subscription Fees is the date on which a Subscription is activated and becomes due every month of the Subscription term (the “Due Date”). This Due Date may change, for example in the event of non-payment. If the Subscription Fees are not paid within 72 hours from the Due Date, a Subscription will expire automatically.
5.4. The Customer can cancel a Subscription anytime online through their user account. A Subscription will in any event stay active until the end of the relevant billing cycle.
5.5. ParkBee can cancel a Subscription at any time due to unforeseen changes relating to the relevant Car Park. The Subscription will automatically end at the end of the next billing cycle following notice to cancel provided by ParkBee. The Customer has the option to change the Subscription to another location, by contacting ParkBee customer support. If the Customer chooses not to change the Subscription to another location then no refund of any Subscription Fees shall be payable by ParkBee.
5.6. Payment of Subscription Fees merely entitles a Customer to park at the relevant Car Park and is always subject to the terms and conditions of the Car Park and the availability at that Car Park.
6. Claims and complaints
6.1. If the Customer’s Vehicle sustains damage while in the Car Park, the Customer’s Vehicle is stolen or any possessions are stolen from Customer’s Vehicle while it is in the Car Park the Customer should:
a. immediately notify ParkBee’s customer services department (to be contacted via email@example.com or via the contact details available on our website: https://parkbee.com/);
b. in the case of theft, immediately inform the police; and
c. notify his/her insurers promptly.
6.2. Any claims against ParkBee or complaints about the Service, should be addressed to the customer services department to be contacted via firstname.lastname@example.org. Before submitting a claim, please be informed of and refer to clause 22 (Liability) of these Terms, which set out the extent of ParkBee’s responsibility and liability in relation to any damages or loss.
7. Parking Contraventions
7.1 It is important for the effective management of the Car Park that:
a. The Customer complies with all signs in the Car Park, these Terms and the Parking Tariff payable by Customer;
b. The Customer parks within the limits of a marked bay for ParkBee;
c. The Customer does not park within a bay designated for a specific purpose when he is not entitled to do so (for example, and without limitation, parking in a space designated for disabled persons without an appropriate disability badge displayed, and/or parking in a space for electric Vehicles when not using the charging facility); and
d. The Customer pays all amounts due for his parking and complies with the requirements set out at clause 12 (Ticket Types and Payment Methods) of these Terms.
7.2. If the Customer does not comply with these requirements, the Customer may receive a parking charge notice from either/or, but not both:
a. ParkBee may issue the Customer with a Parking Charge requiring the Customer to pay for the contravention. Parking Charges relating to a breach of these terms shall amount to £50.00 per breach and shall be collected via payment methods offered by Third-Party Applications.
b. A Third-Party Enforcement company that operates a specific car park may issue the Customer with a Parking Charge Notice requiring the Customer to pay their Parking Charge. Failure to do so may result in legal proceedings by the Third Party enforcement company operating at the Car Park.
7.3. By parking a Vehicle in the Car Park the Customer consents to ParkBee and/or the garage owner, third party service provider and/or any third party surveillance company capturing, using and processing its VRN and personal details via video surveillance cameras and ANPR for the provision and analysis of the Service (including Reservations and occupancy checks), enforcement purposes regarding the Service, to calculate the relevant Parking Tariff (if applicable) and to recover any outstanding Parking Charge. This includes ParkBee’s right to request and obtain the details of a Vehicle’s registered keeper from DfT.
7.4. If the Car Park and/or the equipment in the Car Park is damaged by the Customer, his/her Vehicle, its contents or the passengers in the Vehicle then, except where the damage arises as a direct result of ParkBee’s wilful intent or negligence, the Customer is responsible and liable for any damages and shall indemnify ParkBee from any third party claims in this respect.
8. Security of the Vehicle
8.1. Unless asked by a member of ParkBee’s staff not to do so in the case of emergency, the Customer must ensure that his Vehicle is left securely locked with all windows securely closed and any Vehicle alarm, steering lock or similar device fitted is engaged. ParkBee is neither responsible nor liable for any consequence or loss arising from a failure by the Customer to properly secure his Vehicle.
8.2. ParkBee may install video surveillance cameras in the Car Park at ParkBee’s discretion to assist in its proper running. ParkBee acknowledges that the cameras may act as a deterrent to criminal activity, but does not make any representation as to the coverage provided or guarantee of the security of the Customer’s Vehicle if the video surveillance cameras are installed in the Car Park.
9.1. Any possessions left in a Vehicle are left entirely at the Customer’s risk. ParkBee suggests that no items are left so that they are visible from the outside of the Vehicle. ParkBee is not liable for any theft by third parties from the Customer’s Vehicle.
10. Traffic Orders, rules and legislation
10.1. The use of this Car Park may be regulated by traffic orders, rules or other legislation under which a penalty may be payable for failing to comply with these Terms or the requirements of the relevant order, rules or legislation. In such circumstances, separate notices specifying the relevant order, rule or legislation will be displayed in the Car Park and ParkBee reserves the right to take enforcement action against the Customer (including through court proceedings) for breach of such order, rule or legislation.
11. Safety in the Car Park
11.1. For safety reasons the Customer is not entitled to remain in their Vehicle in the Car Park or elsewhere in the Car Park except for the purposes of parking or removing the Vehicle. After the Customer has parked his Vehicle, the Customer must proceed immediately to the nearest passenger lift, staircase or exit, following the recommended route (if any). Customers are only entitled to use the Car Park in accordance with these Terms and shall not access any other buildings, locations or other places in connection with the Car Park, unless such buildings, locations or places contain ParkBee signs from which follows that these are ParkBee approved walkways. The Customer must not, in any circumstances, exit the Car Park by walking under a Vehicle exit barrier, unless the Car Parks does not offer another exit and requires the Customer to exit through or by circumventing the entrance.
12. Ticket Types and Payment Methods
12.1. The Customer must, depending on the payment methods available from time to time, pay the Parking Tariff, including any Reservation Costs via the Service or via Third Party Applications in which the Service is integrated. ParkBee reserves the right to use other payment methods via the Service.
12.2. The (digital) parking ticket is only valid for the Vehicle in respect of which it is issued.
13. Access and Relocation of Vehicles
13.1. ParkBee reserves the right to refuse the admission of any Vehicle to the Car Park for any reason whatsoever.
13.2. ParkBee reserves the right to move Vehicles within the Car Park using whatever method we consider appropriate (even if, as a consequence, damage is caused to your vehicle) to the extent that is reasonably necessary for the purposes of safety to persons or property, or to avoid obstruction at the Car Park.
13.3. ParkBee reserves the right to move Vehicles within or remove them from the Car Park, at its own initiative or upon request of the party offering the Car Park, using whatever method we consider appropriate (even if, as a consequence, damage is caused to your vehicle), in the event the time the Vehicle is parked in the Car Park exceeds the amount of time allowed in the Car Park, as specified to the Customer through the Service.
13.4. ParkBee additionally reserves the right to use a lawful authority to remove any Vehicle to another reasonably convenient car park, whether or not operated by ParkBee, where the Car Park has to be unexpectedly closed permanently or temporarily, either in whole or in part, due to a matter outside of ParkBee’s control, or if the Car Park has to be evacuated in an emergency.
13.5. To the extent that it is necessary to do so in the exercise of the rights conferred upon ParkBee in this clause 13, ParkBee reserves the right to drive or otherwise take your Vehicle onto a public highway. In doing so ParkBee will take reasonable care of the Vehicle.
14. Abandoned Vehicles
14.1. ParkBee is entitled to regard as abandoned any Vehicle left in the Car Park for more than 28 days without prior notification and which is not known by ParkBee to be covered by a current valid season, Subscription, Reservation or other ticket or booking.
14.2. ParkBee reserves the rights to engage and/or permit a lawful authority to remove (or where we are unable to identify the current legal registered keeper of the Vehicle, to take steps ourselves to remove) and to dispose of as waste or sell any abandoned Vehicle. Before proceeding with the disposal or sale of abandoned Vehicles ParkBee will:
a. refer the matter to the appropriate authorities, which may include the local police and the DVLA; and
b. affix a notice to the Vehicle at least seven (7) days before the date on which ParkBee proposes to remove the Vehicle stating that the Vehicle will be removed and sold when that period expires.
14.3. Abandoned Vehicles will be disposed of as waste or sold by auction. When sold by ParkBee, the proceeds of sale will be applied in and towards satisfaction of all sums owing to ParkBee together with the expenses of sale and ParkBee’s reasonable storage and removal costs for the period during which the Vehicle is in ParkBee’s possession.
14.4. Any balance of the sale proceeds remaining after satisfaction of any sums owing will be held by ParkBee on behalf of the registered keeper of the Vehicle and paid over on proof of entitlement.
15. Prohibited Activities
15.1. The Customer must not tow any Vehicle into the Car Park except as part of services offered at the Car Park by persons authorised by ParkBee and no work on and no cleaning of Vehicles by the Customer or the Customer’s agent, other than with ParkBee’s prior specific permission, is permitted in the Car Park. In the event of Vehicle breakdown the Customer must contact the Car Park attendant to ensure that the Vehicle removal or repair is organised without causing disruption, damage or danger to any other person or property in the Car Park.
15.2. No activity in connection with the selling, hiring or other disposal of vehicles or goods or services may be carried out in the Car Park without ParkBee’s prior specific written permission.
15.3. The Customer is not allowed to dispose of any items or drop litter in the Car Park. Customers are kindly requested to place any rubbish/litter in the bins that are provided or to take it away with them when leaving the Car Park.
15.4. Customers are not allowed to pour petrol, or any other fuel, into their Vehicle whilst it is in the Car Park. Customers are also not allowed to take petrol, or any other fuel, out of their Vehicle whilst it is in the Car Park.
15.5. Smoking is forbidden within both the Car Park and the immediate vicinity of the Car Park.
15.6. Anti-social behaviour will not be accepted in ParkBee’s Car Parks. This includes (but is not limited to) drinking alcohol, taking or dealing in illegal substances, fighting and/or loitering. Car parks are designed for the sole purpose of parking Vehicles. If Customers cause a nuisance or disturbance to others it may be recorded by CCTV cameras and action may be taken against them.
15.7. Customers should not take photos or carry out any filming within the Car Park without ParkBee’s written consent.
16. Data Protection and Privacy
17. Ownership and Restrictions
17.1. The Customer acknowledges that all right, title and interest in and to the Service are owned by or licensed to ParkBee, software applications and application programming interfaces related to the Service, and any modifications and enhancements thereof, contents, material and information made available via the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws.
17.2. The Customer will not: (i) copy, reproduce, alter, modify, or create derivative works from the Service; (ii) license, sublicense, sell, resell, rent, lease, distribute, transfer, timeshare, assign or resell the Service, or use the Service as the basis for developing a competitive solution (or contract with a third party to do so); or (iii) remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Service. The Customer will use the Service in compliance with all applicable laws and regulations.
17.3. The Customer will not: (i) sub-license his right to access and/or use the Service; (ii) permit any unauthorised person or third party to access or use the Service; (iii) use the Service to provide services to third parties; (iv) republish or redistribute any content or material from the Service; and (v) make any alterations to the Service; (vi) circumvent (technical) measures or misuse the Service in any way in order to prevent or limit payment of the Parking Tariffs due.
17.4. The Customer will not authorise or encourage any third party to (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by ParkBee; or (ii) use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
18. Intellectual Property
18.1. The Customer acknowledges that all right, title and interest in and to the Service are owned by or licensed to ParkBee and any modifications and enhancements thereof, including without limitation all intellectual property rights, and such rights are protected by amongst others U.S., European and international intellectual property laws.
19. Term and termination
19.1. The Terms will continue to apply until terminated by ParkBee or the Customer as follows.
19.2. The Customer is entitled to end a future Reservation as stated under clause 4.6. The Customer is entitled to end a current Subscription as stated under clause 5.5. The Customer is entitled to end their use of the Service for any or no reason by deregistering from the Service, unless agreed otherwise.
19.3. ParkBee may at all times terminate the Agreement, entirely or partly, in writing (by email) with immediate effect and without payment of compensation, in case (i) The Customer violated these Terms (ii) ParkBee’s provision of the Service to the Customer is no longer commercially viable or desirable, to be decided by ParkBee at its sole discretion.
19.4. Terms that by their content are intended to survive the expiration or termination of these Terms, including (without limitation), provisions governing ownership and use of intellectual property, warranties, liability, indemnification, governing law and jurisdiction, will survive the expiration or termination of these Terms.
20. Force Majeure
20.1. ParkBee shall not be liable for any non-performance of its obligations pursuant to the Terms, if such non-performance is caused by a Force Majeure Event. In case of a Force Majeure Event, ParkBee has the right to suspend the execution or further execution of the Service.
21. Third Party Applications
21.1. The Service may be integrated with Third Party Applications. These Third Party Applications are governed by its own terms and conditions and/or other relevant terms or (privacy) policies. The Customer’s use of these Third Party Applications will be governed by and subject to such terms and conditions and/or other relevant terms or (privacy) policies. The Customer acknowledges and agrees that ParkBee is not responsible or liable for the Customer’s use of any Third Party Application and/or for any transaction the Customer may enter into with the provider of any such Third Party Application.
22.1. The Customer acknowledges and agrees that parking is at its own risk. The Agreement does not include permanent surveillance of the Vehicle by ParkBee or the relevant garage or real estate owners.
22.2. ParkBee cannot be held liable, to the extent permitted by law, for any damage resulting from theft and loss of, or other damage to the Vehicle or other belongings of the Customer placed in the relevant Car Park.
22.3. The limitations of liability as set in this clause 22 may also be invoked vis-à-vis Customer by the relevant Car Park garage or real estate owner.
22.4. The Customer acknowledges that the Service, as an Internet-delivered software application, may experience periods of downtime, including but not limited to scheduled maintenance and that ParkBee depends on the availability and accessibility of third party software (including but not limited to the Parkmobile application). ParkBee makes no representations or warranties, whether express, implied or statutory, with respect to the Service provided hereunder, including the Service and any documentation, content, data and materials made available with the Service. ParkBee specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringements, and accuracy. ParkBee does not warrant that the Service will be error-free or operate without interruptions or downtime, that the parking spots offered via the Service are available in the Car Park or that the results obtained from the Services meet the Customer’s needs.
22.5. In no event shall ParkBee, under any circumstances, be liable to the Customer for any direct, indirect, incidental, special, punitive, or consequential damages (including but not limited to of profit, missed savings, damage due to company stagnation, reputational damage) whatsoever resulting from and/or in connection with (i) any claim of any nature arising under the Terms (ii) mistakes, or inaccuracies of content or information available via the Service (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service (iv) any errors, viruses, bugs, trojan horses, interruptions or downtime of the Service and/or third party software (including but not limited to the Parkmobile application) (v) any use of the Service by Customer. In no event shall the aggregate liability of ParkBee exceed the amount you paid ParkBee for the Service, if any, in the past 6 (six) months before an occurrence of the event giving rise to the claim.
22.6. The limitation of liability set forth in this section 21 shall not apply to damages arising from wilful intent or gross negligence from the side of ParkBee.
23.1. ParkBee reserves the right to unilaterally amend these Terms, which amendments will take effect immediately, or after ParkBee made these amendments available to the Customer to the extent required by the law. If the Customer does not agree to the revised Terms, the Customer should discontinue the use of the Service. The Customer’s continued use of the Service following any amendment of these Terms will signify the assent to and acceptance of the revised Terms.
23.2. Each of the Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
24. Governing law and jurisdiction
24.1. These Terms are governed by and shall be construed in accordance with the laws of England. If you are a customer living elsewhere in the EU, this choice of law shall be without prejudice to any applicable provisions of mandatory consumer protection law under the laws of your country of residence, to the extent that these offer you more protection.
24.2. Any dispute arising out of or in connection with these Terms shall be submitted exclusively to the competent courts in England, notwithstanding the right of appeal.
25. APCOA Locations
26.1. To the extent customers are using an APCOA car park, in addition to ParkBee, they also agree to APCOA Parking Terms and Conditions, that can be accessed here (https://www.apcoa.co.uk/fileadmin/user_upload/Conditions_of_Parking_vs1.docx)