THE PARTIES TO THE PARKING CONTRACT
About These Terms
These terms form part of the terms and conditions for using the DesParking online service (available here) and set out the terms of the contract between two users of the service when one pays to park at a space advertised by another (the “Parking Contract”).
The Parties to This Parking Contract
Drivers
Individuals who pay to park are referred to as “Drivers” in this agreement, even if they are not the ones driving the vehicle.
Space Owners
Those who advertise parking spaces are referred to as “Space Owners”.
•Private Space Owners: Individuals offering parking spaces located on private property not used for business purposes.
•Commercial Space Owners: Businesses offering spaces on commercial premises, such as dedicated car parks or car parks associated with other businesses.
DesParking’s Role
DesParking acts as an agent for the Space Owner to create a binding contract with the Driver when a booking is made. DesParking is not a party to the Parking Contract but may exercise specific rights under it as expressly stated.
Relationship to DesParking Terms
By entering into the Parking Contract, both the Driver and the Space Owner agree to comply with the terms and conditions of DesParking’s online service in relation to the booking.
FORMATION OF THE PARKING CONTRACT
When the Contract Becomes Binding
The Parking Contract becomes binding when the Driver completes the booking process, and payment is received and accepted by DesParking on behalf of the Space Owner.
No Further Terms Required
The Driver and Space Owner are not obligated to agree to additional terms or conditions beyond those outlined in this Parking Contract.
Entire Agreement
The Parking Contract constitutes the entire agreement between the parties, and neither party may rely on any statements outside the terms of the contract, except for the advertised description of the parking space.
DRIVER RIGHTS AND OBLIGATIONS
Conditions for Entering the Contract as a Driver
By entering the Parking Contract, the Driver confirms they:
•Have the authority to enter the contract.
•Hold a valid driving licence (or ensure that any authorised user of the space does).
Driver’s Rights
The Driver has the right to:
•Park the vehicle specified in the booking at the selected space during the agreed times.
•Authorise another person to park the same vehicle, subject to the terms of the contract.
Driver’s Obligations
The Driver must:
•Ensure any authorised person complies with the Parking Contract.
•Use the parking space only during the booked times and for the booked vehicle.
•Notify DesParking or the Space Owner of any damage to the space during the booking period.
•Maintain the cleanliness of the parking space and leave it in its original condition.
•Comply with all specific requirements outlined in the booking confirmation.
•Vacate the space at the end of the booking period.
•Return any access equipment provided within 48 hours of the booking’s end or pay for its replacement.
•Take full responsibility for the safety of the vehicle and its contents during the booking period.
SPACE OWNER RIGHTS AND OBLIGATIONS
Conditions for Entering the Contract as a Space Owner
By entering the Parking Contract, the Space Owner confirms they:
•Have the authority to grant use of the parking space.
•Have obtained any necessary permissions and approvals for renting the space.
•Comply with all relevant laws and regulations.
Space Owner’s Rights
The Space Owner is entitled to receive payment for bookings, less DesParking’s service fees.
Space Owner’s Obligations
•Private Space Owners: Must ensure the parking space is available as advertised and comply with all legal requirements.
•Commercial Space Owners: Must provide spaces as advertised, subject to availability, and comply with legal requirements.
PAYMENT
Short-Term Bookings
Payment for bookings of 30 days or fewer is collected in full at the time of booking.
Long-Term Bookings
For bookings longer than 30 days, an initial deposit equivalent to one month’s payment is required, with monthly payments collected in advance.
Failed Payments
DesParking may pursue outstanding payments through legal or debt collection measures, with associated costs passed on to the Driver.
Booking Confirmation
A confirmation email will be sent upon receipt of payment, detailing the booking period and vehicle registration number.
CANCELLATIONS
Cancellation Policy
The Driver or Space Owner may cancel a booking in accordance with the cancellation policy outlined below.
Cancellation by the Driver | ||
Refunds depend on the timing of the cancellation and the type of booking: | ||
Type of Booking | Timing of Cancellation | Refund |
Short-Term (29 days or fewer) | At least 48 hours before start time | Full refund |
Less than 24 hours before start time | No refund | |
After parking session has started | No refund | |
Long-Term (30 days or more) | At least 48 hours before start time | Full refund |
Up to the second day of the session | Pro-rata refund | |
After the second day | Refund minus 30 days’ cost |
- Excludes service fees.
Cancellation by DesParking or the Space Owner
DesParking or the Space Owner may cancel a booking under certain conditions, such as non-payment by the Driver.
OTHER TERMS
Transfer of Rights
Neither party may transfer their rights under this contract.
Severability
If any part of this contract is found to be invalid, the remaining provisions will continue in effect.
Governing Law
This Parking Contract is governed by English law. Legal proceedings may be brought in English, Scottish, or Northern Irish courts, depending on the parties’ location.
For further details, please refer to the DesParking Terms and Conditions.