These terms and conditions are the contract between you and Airlynx Parking Limited (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.

We are Airlynx Parking Limited, a company registered in England, number 08458344.  Our registered office address is C/O Hjs Chartered Accountants, 12-14 Carlton Place, Southampton, Hampshire, SO15 2EA

Our trading addresses are

Wren Farm Castle Lane North Baddesley Southampton SO52 9LY.

Britannia Wharf Marine Parade Southampton Hampshire SO14 5JF

You are: Anyone who uses Our Website.

In these Terms “you” and “your” refer to any person who makes a booking via the Website and “we”, “us” “our” and “the Car Park” refer to Airlynx Parking Limited. The contract for car parking is made between you and Airlynx Parking Limited.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

These are the agreed terms

  1. Website Terms & Conditions

1.1 Definitions

  • Content”           means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.
  • Intellectual Property”           means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
  • Our Website”   means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us.
  • Services”          means the service provided from Our Website.

 

1.2 Children on Our Website

1.2.1 Whatever the age of consent in your country, we are anxious that they should be protected from unsuitable Content. To protect your children, you should know our policy, which is as follows:

1.2.2 In the children categories, our volunteers have checked both the entries, and, where relevant, the links.

1.2.3 We do not knowingly collect personal information from any person under the age of 16 years.

1.2.4 Any person of any age may freely access any page of Our Website. We do not check identities nor moderate Content.

1.2.5 It is you, not we, who provide access to Our Website for the children in your care. It is for you to check that the Content your children might see is suitable for them.

1.2.6 Where links are concerned, you may like to check the privacy policies of those sites where your children might visit frequently to see how they collect and use information.

1.2.7 Filter software may also be useful to you.

1.2.8 You acknowledge that we are not responsible for Content that anyone has placed on Our Website for the content of site accessible by a link from Our Website.

1.2.9 You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.

 

1.3 Intellectual Property

You agree that at all times you will:

1.3.1 not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.

1.3.2 notify us of any suspected infringement of the Intellectual Property.

1.3.3 so far as concerns our work provided or made accessible by us to you, you will not:

1.3.3.1 copy, or make any change to any part of its code;

1.3.3.2 use it in any way not anticipated by this agreement;

1.3.3.3 give access to it to any other person than you, the licensee in this agreement;

1.3.3.4 in any way provide any information about it to any other person or generally.

1.3.4 not use the Intellectual Property except directly as intended by this agreement or in our interest.

 

1.4 Disclaimers and limitation of liability

1.4.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.

1.4.2 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

1.4.3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

1.4.4 Our Website contains links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.

1.4.5 The Airlynx Parking Ltd Website and Airlynx Parking Ltd Services are provided “as is”. We make no representation or warranty that Our Website will be:

1.4.5.1 useful to you;

1.4.5.2 of satisfactory quality;

1.4.5.3 fit for a particular purpose;

1.4.5.4 available or accessible, without interruption, or without error.

1.4.6 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

1.4.7 We accept no responsibility for third party advertisements which are posted on Our Website or through the Services;

1.4.8 We shall not be liable to you for any loss or expense which is:

1.4.8.1 indirect or consequential loss;

1.4.8.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.

1.4.9 This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999 as well as to ourselves.

 

1.5 Miscellaneous matters

1.5.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

1.5.2 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

1.5.3 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or by e-mail.

It shall be deemed to have been delivered:

  • if delivered by hand: on the day of delivery;
  • if sent by post to the correct address: within 72 hours of posting;
  • if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

1.5.4 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

 

  1. Car Parking Terms and Conditions

2.1 Bookings

2.1.1 When you book car parking via the Website you will be given a unique booking reference number (“Booking Reference”), either via an email or, if offered by us or selected by you, via a text to the mobile phone number provided by you.

2.1.2 You must bring confirmation of your booking with you in order to use the Car Park, in the form specified when you booked.

2.1.3 The booking you make is non-transferable either from you to someone else or between different car parks.

2.1.4 All prices shown are in pounds sterling and include VAT at the prevailing rate.

2.1.5 The booking you make is valid only for the times, dates, price, and car park, cruise port terminal specified in your booking.

2.1.6 Car parks are priced per 24 hour period or part thereof.

2.1.7 Prices are subject to change. Quotes are valid at the time of booking only.

2.1.8 The number of “days” (24 hour periods) charged for when you pre-book is calculated on the basis of the times you select when making your booking. However, if your actual entry and exit time changes from that specified in your booking and as a result your actual time in the car park runs into another 24 hour period over and above that booked, you will be liable for an additional day’s charge. This amount must be settled before you leave the car park. Please note that this applies irrespective of the reason why you are late back into the car park, unless your delayed return is caused by the negligence of Airlynx Parking Ltd.

 

2.2 Use of the Car Park

2.2.1 Any regulations relating to the use of the Car Park are usually displayed at or near the entrance to the Car Park or alternatively you can request them at the entrance to the Car Park from the relevant Airlynx Parking Ltd operator. In using the car park, you agree to abide by any additional terms of such use that may be displayed in or around the car park. These may include, but are not limited to, terms regarding permissions to be in the car park and penalties for parking in prohibited places.

2.2.2 When you enter the car park, it is imperative that, at the gate, you follow the instructions you have been issued with (via email). Please be aware that if your number plate is not consistent with the number plate for which you have booked, please report to the reception desk for number plate update.

2.2.3 You must comply with all directional signage and other instructions when in the car park.

2.2.4 You must drive carefully and responsibly in the car park. You must also ensure that any children are properly supervised and are at all times accompanied when they are using the car park. Please take care to be aware of all vehicles in motion within the car park.

2.2.5 The following are not permitted in the car park, and we reserve the right to refuse to allow you to use the car park if you carry out any of these activities in the car park:

2.2.5.1 conducting any service work, cleaning or repairs to your vehicle;

2.2.5.2 carrying out any business activity, including but not limited to in connection with selling, hiring or other disposal of your vehicle;

2.2.5.3 filling or emptying of fuel tanks;

2.2.5.4 misusing or damaging any part of the car park;

2.2.5.5 parking outside of a designated parking bays (appropriate to your vehicle) or otherwise as instructed by car park staff;

2.2.5.6 driving dangerously or too fast;

2.2.5.7 making unnecessary noise or nuisance, including playing music in a way that annoys other users of the car park or people living or working nearby;

2.2.5.8 filming or taking photographs;

2.2.5.9 cooking or lighting fires;

2.2.5.10 using the facilities of a camper van not found in a conventional vehicle, including but not limited to the toilet, bathroom and kitchen;

2.2.5.11 doing or attempting to do anything which is a criminal offence;

2.2.5.12 spending excessive time (as we may determine) in your vehicle in the car park. This includes sleeping in your vehicle.

2.2.6 Minimise the level of possessions left in the vehicle and ensure that any such possessions are placed in a locked boot and are not on display. Airlynx Parking Ltd cannot be held responsible for any loss or damage whatsoever occurring to your vehicle or possessions within it resulting from your failure to do these things. Airlynx Parking Ltd and its subcontractors do not accept any valuables or other articles for safe custody.

2.2.7 You should ensure that you leave with Airlynx Parking Ltd employees or subcontractors only your ignition key, the key to your driver’s door and the key for any security or immobilisation device fitted to your vehicle. Airlynx Parking Ltd and its subcontractors accept no liability for any loss or damage suffered by you where you leave other keys with us.

2.2.8 If your vehicle is parked in a manner which (in our reasonable opinion) is unsafe, is outside of a designated parking space, impedes the free flow of traffic in and around the car park or is in breach of any restriction marked on signage or on the ground in the car park (or otherwise brought to your attention), we may:

2.2.8.1 cause your vehicle to be removed without notice, and you will be responsible for the costs of such removal and recovery; and/or

2.2.8.2 issue a parking charge notice to you for such amount as may be published at the car park from time to time in respect of the relevant breach.

 

2.3 Transfers

2.3.1 Please be aware that you need to leave an appropriate amount of time to reach the cruise port terminal building from the car park using the transfer service. Guides to the estimated transfer time (in normal traffic conditions) and the frequency of buses are set out on the Website, but in addition to this you should ensure that you factor in time getting your luggage out of the car, also time for checking in. Airlynx Parking Ltd does not accept responsibility if you miss your sailing or your cruise port terminal check-in has closed because you have not left enough time to get into the car park, and then from the car park to the cruise port terminal.

2.3.2 Please ensure that you remember to take all your luggage off the bus when you arrive at your cruise port terminal. Airlynx Parking Ltd does not accept responsibility if you miss your sailing or your cruise port terminal check-in has closed because you have to recover luggage which you have left on the bus.

2.3.3 Airlynx Parking Ltd does not accept liability for increased duration of transfer times from car park to the cruise port terminal building which are caused by exceptional volumes of traffic, road works or accidents, mechanical breakdown or failure, adverse weather conditions or staff shortages (howsoever caused).

 

2.4Moving your car

2.4.1 We reserve the right to move any vehicle within or outside the car park to the extent that we deem necessary to carry out the efficient management of the car park.

2.4.2 If we move your car, we are responsible for ensuring that your car is driven carefully, and Airlynx Parking Ltd and its subcontractors are insured for any loss or damage to your vehicle which occurs as a result of the negligent driving of Airlynx Parking Ltd employees and subcontractors. As such, we will pay to you the reasonable cost of repairing any damage to your vehicle which is caused by the negligent driving of our employees and subcontractors while they are providing the valet parking service, provided that the aggregate liability of Airlynx Parking Ltd and its subcontractors to you shall be limited to £50,000 (fifty thousand pounds).

2.4.3 By leaving your vehicle with Airlynx Parking Ltd employees or subcontractors, you warrant that the vehicle, at all times while in our custody, shall be roadworthy, has a valid MOT (if required) and up to date vehicle tax and is properly insured so as to comply with all relevant legislation in the United Kingdom. You hereby indemnify Airlynx Parking Ltd and its subcontractors in respect of all claims, losses, damages, costs and expenses suffered by Airlynx Parking Ltd or its subcontractors arising from any breach of this warranty. You accept liability for all harm suffered by third parties as a result of any breach of this warranty.

 

2.5 Cancellations or changes

2.5.1 Should you wish to cancel or change your booking or part of it you must do so by email to enquiries@airlynxparking.co.uk. Amendments to bookings can only be accepted when we are notified by email

2.5.2 Airlynx Parking Ltd must receive notice of cancellation at least 24 hours before the car park entry date and time of your original booking in order to consider a refund. If you do not give the required advance notice as stated, no refund will be given.

2.5.3 No refund will be made unless you have followed the cancellation or change to booking procedures set out above.

2.5.4 Any days booked and left unused will not be refunded unless you have followed the changes to booking procedures set out above.

2.5.5 No refund will be made unless you can provide Airlynx Parking Ltd with a pre-paid booking reference number. Refunds are made to the original card on which payment was made.

2.5.6 If Airlynx Parking Ltd cancels you’re booking for a reason within its direct control and not due to an event beyond Airlynx Parking Ltd control (see Section 2.8.4.5 below) then Airlynx Parking Ltd will refund the amount it has received from your pre-paid booking to you on the card on which payment was made.

 

2.6 Disposal

2.6.1 If you fail to collect your vehicle more than 30 days after the date which you have specified for exit in the booking then, absent a written notification to us specifying:

  • the vehicle registration number;
  • The reason for the delay in collection plus details of the expected (revised) collection date;

We will deem the vehicle to have been abandoned. In such circumstances, providing we serve not less than 30 days’ notice in writing via recorded delivery to the address provided at the time of booking, we shall be entitled to remove and sell the vehicle and deduct from the proceeds both our reasonable handling expenses and any unpaid sums for days in which the car has been in the car park calculated up until time of removal. We will then remit the balance to the credit card of the person who has made the booking (unless we are notified to do otherwise in writing). Our rights of disposal set out herein are in addition to any of our rights to dispose of unclaimed vehicles under the Torts (Interference with Goods) Act 1977.

 

2.7 Our Liability

2.7.1 Airlynx Parking Ltd will act with reasonable skill and care when providing services to you.

2.7.2 Nothing in these Terms limits Airlynx Parking Ltd liability in the case of death or personal injury caused by Airlynx Parking Ltd negligence, or in the case of fraud.

2.7.3 Without prejudice to Section 2.8.2 above, Airlynx Parking Ltd liability to you for the provision of car parking shall be limited to an aggregate of £50,000.

2.7.4 Airlynx Parking Ltd does not accept liability for:

2.7.4.1 any indirect or consequential loss;

2.7.4.2 any loss of profit, loss of enjoyment, loss of revenue, loss of data, or loss of earnings;

2.7.4.3 damage to your vehicle (whether caused accidentally or by way of vandalism) except as set out in 2.7.4.4;

2.7.4.4 theft of, or from, your vehicle, while the vehicle is in the car park, unless such damage or theft is caused by the negligence of Airlynx Parking Ltd or its agents or employees, and then only to the extent that Airlynx Parking Ltd negligence has caused or contributed to the relevant damage or theft;

2.7.4.5 Airlynx Parking Ltd does not accept liability for any failure by it to perform its obligations due to an event beyond its reasonable control. A non-exhaustive list of such events includes war or threat of war, riots, civil strife, terrorist threats or activity, industrial disputes, natural and nuclear disaster, fire, adverse weather conditions, volcanic eruption or ash cloud, government regulations, closure or congestion of airports, and / or cancellation or changes of schedules by the cruise lines.

2.7.4.6 Except as expressly stated in these Terms, Airlynx Parking Ltd shall not be obliged to either refund any pre-payment by you, or make any other change to your booking in the event that you wish to amend or cancel your booking due to an event of the kind listed in Paragraph 2.7.4.5

 

2.8 General

2.8.1 Any contract made between you and us via the Website is governed by English law.

2.8.2 We reserve the right to change these Terms, but once you have made a booking the Terms which apply are those which were on the Website at the time of booking. However please do not assume that the Terms which applied on one occasion when you booked a service from us will continue to apply when you next book. We recommend that you always read these Terms before booking to satisfy yourself that you accept them.

2.8.3 These Terms, along with all other relevant terms and conditions that are referred to herein (including those available at the car park and online), constitute the entire agreement between you and Airlynx Parking Ltd with respect to the sale of the relevant services.

2.8.4 Your statutory rights are not affected.

 

Last updated August 2018.