Last updated: 7 October 2020
2.1 You agree that these terms are fair and reasonable in all circumstances. However, if any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
2.2 We may suspend or close your account at any time if you are in breach of any term of this Agreement or any term of a Parking Space Booking Agreement. We may also suspend or close your account if you do anything to put our goodwill or reputation at risk. If we suspend or close your Account, you will not be able to use our Services any longer and may not be able to access all areas of the Website and the App.
2.4 easyParking will not be held responsible if you fail to provide contact information or you do not receive a booking confirmation or other information from us that may be expecting. If you become aware that you have supplied invalid contact information, please contact us immediately to correct the information we hold about you.
2.5 Some email providers can screen email communications from easyParking and therefore force emails including Booking Confirmations into your Junk or Promotions folder, or any other folder that may not be your inbox. easyParking will not be held responsible for emails that do not end up in your inbox.
3.1 easyParking will not be liable for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any claim or demand against you by any other party. In no event will easyParking be liable for any consequential, special, indirect, or exemplary damages whatsoever arising out of:
i. errors, mistakes, or inaccuracies on the Website or the App or related services.
ii. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and the App or Services or any booking with a Space Owner or Driver to the fullest extent permissible by law,
iii. any unauthorised access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein,
iv. any interruption or cessation of transmission to or from the Website and the App
v. any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, or for any loss or damage of any kind incurred as a result of your use of the Website or Services, however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.
3.2 You acknowledge that the amounts payable under this Agreement are based in part on these limitations, and
3.3 You further agree that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
3.4 No claim may be brought against us in relation to this Agreement more than 1 month following the Booking to which the claim relates.
3.5 We will not be liable to you in the event of a claim by a Driver or Space Owner against you and, for the avoidance of doubt; we shall not be required to return any money received by us under this Agreement to either you or the Driver or Space Owner in such circumstances.
3.6 We will not be liable to you for any loss or damage, in the event of a claim by a Driver or Space Owner against you and, or your property, or anyone connected to you or your property
4.1 You agree that the Website and the App is a platform for advertising Parking Spaces owned or controlled by Space Owners (Hosts) and we have no responsibility for the Parking Space other than to provide the services under this Agreement which includes administering and confirming Bookings and collecting payment on behalf of the Space Owner.
4.2 Whilst we endeavour to ensure that Parking Spaces listed on easyParking are of a high quality we offer no guarantee as to the Parking Space's suitability for the Driver’s requirements. Similarly, we rely on the Space Owner for details about a Parking Space given on the Website or the App and whilst we use reasonable efforts to verify the accuracy of such information we offer no warranty in relation to these details.
4.3 easyParking guarantees that we will reserve the parking space booked via our platform based on the availability information provided to us by the Space Owner via their listing. easyParking does not physically hold the parking space and as such will not be held liable for the unavailability of the parking space.
4.4 easyParking has the authority to disable and/or remove any listing that is over 100% of the average price of parking spaces listed on our platform within the area (1mi).
4.5 Car park owners must not list their parking spaces on the easyParking platform for a higher price than the drive-up rate charged at the car park, inclusive of our 20% commission. In the event that this is not adhered to, easyParking reserves the right to refund customers the overcharged amount to match the drive-up rate.
4.6 A Driver is able to book a Parking Space advertised on the Website and the App instantly. The listing for a Parking Space will indicate the availability, price and location of the Parking Space.
5.1 If you choose to use the Website and the App, you do so at your own risk. You acknowledge and agree that easyParking does not have an obligation to conduct background checks on any Space Owner or Driver, or the parking space itself.
5.2 The Website and the App or related services are provided "as is", without warranty of any kind, either express or implied, other than statutory warranties which cannot be excluded.
5.3 easyParking makes no warranty that the Website or the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. easyParking makes no warranty regarding the quality of the Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Website and the App or related services.
5.4 No advice or information, whether oral or written, obtained from easyParking or through the Website or the App or related services will create any warranty not expressly made herein.
5.5 You are solely responsible for all of your communications and interactions with other users of the Website and the App and with other persons with whom you interact as a result of your use of easyParking, including, but not limited to, any Space Owners.
5.6 You understand that easyParking does not make any attempt to verify the statements of users of the Website and the App or Services or to review or visit any Parking Spaces. easyParking makes no representations or warranties as to the conduct of users of the Website and the App or Services or their compatibility with any current or future users of the Website and the App, or Services.
5.7 You agree to take reasonable precautions in all communications and interactions with other users of the Website and the App or Services and with other persons with whom you communicate or interact as a result of your use of the Website and the App, or Services, including, but not limited to, Space Owners, particularly if you meet in person.
5.8 We are not responsible for the location or condition of a Parking Space, its availability or the conduct of the Space Owner during the Booking Period. We act as an agent for the Space Owner and by making a Booking, the Driver is entering an agreement with the Space Owner under which the Space Owner is bound to provide you with the Parking Space, subject always to this Parking Space Booking Agreement.
5.9 Unless stated otherwise in these Terms, once we have confirmed the Drivers Booking, we have no further obligation to the Driver in relation to the Parking Space, the Booking Period or Booking and all responsibility lies with the Space Owner.
5.10 We make great efforts to ensure that our Space Owners offer a good service and provide their Parking Space in accordance with Driver expectations but we accept no responsibility and will have no liability if the Parking Space or the services of the Space Owner generally do not meet the requirements of the Driver. The right of action or claim in such circumstances will be against the Space Owner but we may assist (at our discretion) in seeking to resolve a dispute between the Driver and the Space Owner.
5.11 You grant us the right to communicate with you in any channel or method we choose, including but not limited to, email, phone, text message or any social media platform.
5.12 You agree to not attempt to contact a Space Owner or Driver directly until a Booking has been confirmed or until given direction to do so by easyParking.
5.13 You agree that you will not create any false account with easyParking or use your account for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings, fraudulent listings or money laundering.
5.14 We act as the Space Owner's agent for the purposes of forming binding agreements between the Driver and the Space Owner but have no liability to you in relation to the Parking Space or the Booking other than as set out in this agreement. We are not a real estate broker, agent or insurer. We have no control over the conduct of Drivers or parking Space Owners and disclaim all liability in this regard to the fullest extent permissible by law.
6.1 You agree that you will not create any false account with easyParking or use your account with easyParking for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering.
6.2 You agree to not accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access or attempting;
i. To probe, scan, or test the vulnerability of the Services, the Website and the App, or any associated system or network, or to breach security or authentication measures without proper authorisation;
ii. interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Website and the App or Services, overloading, “flooding,” “spamming,” “mail bombing,” “hacking,” or “crashing;”
iii. using the Website and the App or Services to send unsolicited email, including, without limitation, promotions, or advertisements for products or services;
iv. forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or
v. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by easyParking in providing the Website and the App or Services.
6.3 We may suspend your Account at any time should you be in breach of this Agreement. Furthermore, if you have not registered with us, we may suspend your access to easyParking if we believe you to be in breach of this Agreement.
6.4 If we suspend your Account or access to the Website for any reason, we may refuse to provide you with any Services including the right to make any further Bookings or listings. If you attempt to circumvent this clause by attempting to create a new account, we reserve the right to terminate this Agreement and any existing Account you may have.
6.5 Upon termination you will no longer be able to use our Services or make Bookings through us. If when we terminate this agreement you have any outstanding Bookings for which you have made pre-payment, we may refund you accordingly. Any such refund is at our absolute discretion.
6.6 In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing Bookings or the consequences of any previous Booking (including terms relating to fees, disclaimers, liability and damage).
7.1 As a Space Owner you agree to use easyParking as your exclusive agent for the purposes of making and accepting bookings from Drivers. For the purposes of this clause, a “Driver” means any person who:
i. has made a booking of your Parking Space through easyParking; or
ii. has made an enquiry about your Parking Space through easyParking (whether or not such person completed a booking); or
iii. has become aware of you or your address or the address or location of your Parking Space directly or indirectly as a result of your listing with easyParking; or
iv. has made you aware of their need for parking through easyParking whether or not in any of the above scenarios such person completes a booking with you or a third party (“Space Owner”). In the event of a booking between a Driver and a Space Owner such of these terms and conditions as relating to fees payable to easyParking will apply to the Space Owner.
7.2 In the event that you arrange any booking or accept a booking to use your Parking Space with a Driver (or any other person who is responsible for or entitled to drive the same car as a Driver) within a period of 6 months from the end of a Driver's Booking Period, then the Driver will forfeit their deposit and be liable to us for the fees we would have received had such a booking been made in accordance with the terms of this agreement. You will also be liable for the costs we incur in enforcing this and we reserve the right to deduct such fees and costs using the debit or credit card details you have supplied to us or by reducing your easyParking balance accordingly. easyParking may on occasion also charge a late payment processing fee.
7.3 Space Owner Obligations
7.3.1 You authorise us to advertise your Parking Space on the Site and the App and provide information to Drivers and prospective buyers who may wish to use the Parking Space.
7.3.2 You authorise us to refer to you or your Parking Space at any time in the future to publicise ourselves or our website.
7.3.3 You authorise us to send promotional materials to Drivers and provide such information about your Parking Space as we may deem appropriate to promote easyParking or your Parking Space.
7.3.4 You will be required to complete your own listing for the Site and the App. As the space owner you agree to provide all relevant information about your Parking Space including but not limited to:
a. the address of the Parking Space;
b. any restrictions on the types of vehicles for which the Parking Space is suitable;
c. any other information or restrictions which apply to the Parking Space which a Driver should be aware of before booking the Parking Space including but not limited to the requirement of a parking permit and allocated bay numbers;
d. your name, address, email and mobile number.
7.3.5 You must provide us with any other information relating to you or the Parking Space as we may reasonably request at any time and we may also ask you to clarify any information you have provided.
7.3.6 You are responsible for the accuracy of all information in your listing and any information you provide to us in relation to a booking. You may be liable to the Driver under this Agreement if the information you provide is inaccurate, incomplete or misleading in any way. Your liability may include any reasonable losses incurred by the Driver as a result of such inaccurate, incomplete or misleading information provided by you and you may be ordered to pay reasonable damages on the basis of misrepresentation, breach of contract or otherwise.
7.3.7 You will provide 30-days notice to easyParking for price increases to be applied on active or upcoming long-term (monthly) bookings or risk an early termination of the booking.
7.3.8 You grant us the right to remove your listing and or account if the Parking Space does not conform to the information you have provided or our standards or we believe you to be in breach of your obligations under the Booking Agreement.
7.3.9 You appoint us as your agent for the purposes of forming an agreement between you and the Driver to whom you agree to grant a license to use the Parking Space. You also appoint us to collect all of your booking charges from the Driver and transfer to you minus any fees or charges as specified to you at the time of your booking confirmation. Should you breach the terms in the Booking Agreement, easyParking may withhold funds at any point during the booking in order to make the Driver whole.
7.3.10 You must:
a. ensure before any Booking Period, that the Parking Space is in a satisfactory condition and is able to meet the requirements of the Driver under the Booking Agreement.
b. honour all Booking Agreements with Drivers
8.1 Either party may terminate this Agreement at any time. From the date of termination, we will not confirm or accept any new bookings for the Parking Space until this Parking Space passes a quality check by easyParking, and easyParking will relocate outstanding bookings to the nearest possible site, and or issue a refund.
8.2 In the event that this Agreement is terminated while any fees or charges whatsoever are outstanding to us then you must pay all outstanding fees or charges to us immediately without set-off or deduction.
8.3 We will be entitled to terminate this Agreement immediately if:
i. you are in material breach of any of the terms of this Agreement; or
ii. you do anything to put our goodwill or reputation at risk; or
iii. we have any reason to believe that you are not authorised to grant a license to use the Parking Space;
iv. you cancel a booking other than in accordance with the Cancellation Policy
v. you refuse to cooperate with us in respect of this Agreement
vi. we believe that driver safety or vehicle safety is at risk or;
vii. the Driver defaults on their rental payment or
viii. we deem the application for immediate termination from the Space Owner or Driver to be valid and actionable.
8.3.1 In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing bookings or the consequences of any previous booking (including terms relating to fees, disclaimers, liability and damage).
8.3.2 In the event of termination on grounds of non-payment of rent by the Driver, easyParking is entitled to forego 30 days notice and will not be liable to the payment of the required 30 day notice period.
9.1 You agree to defend, indemnify and hold harmless easyParking, its affiliates, and their respective officers, directors, managers, employees and agents ("easyParking Indemnities") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to Lawyer's and accountant's fees) arising from:
i. your actions or omissions in relation to the easyParking Website or App, the Parking Space or the Booking;
ii. your violation of any term of this Agreement; This defence and indemnification obligation will survive this Agreement and your use of the Site and the App.
iii. any claim that any content uploaded by you to the Site or the App caused damage to a third party;
iv. your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right;
v. any claim that any content uploaded by you to the Website caused damage to a third party;
vi. your violation of any law; or
vii. you hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify easyParking indemnities.
viii. your breach of this Agreement. This defence and indemnification obligation will survive this Agreement and your use of the Website. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify easyParking Indemnities. The full address of the parking space will always be provided in full and you will be liable for parking at the incorrect property as a result of your own negligence.
This Agreement sets out the terms and conditions on which the Space Owner agrees to permit the Driver to use the Parking Space.
a. This leasing agreement ("Agreement") is between the Driver ("Driver") who has booked a parking space through the easyParking website or app and the owner or operator ("Space Owner") of the parking space ("Parking Space") which has been booked.
b. This Agreement and any additional terms included in a Space Owner's listing are a contract between the Driver and the Space Owner. easyParking is not a party to this agreement.
10.1 The Booking Process
10.1.1 This Agreement becomes binding on the Driver and the Space Owner when the Driver makes a booking and payment is received by easyParking.
10.1.2 Each party acknowledges that the Agreement contains the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other
10.1.3 You may not incorporate any additional terms into the Booking Agreement other than the restrictions clearly included in your listing. You agree not to propose to the Driver or Space Owner any additional term or amendments to the Booking Agreement after a booking has been made without our consent. The Driver is not obliged to accept any further terms once we have accepted a booking on your behalf.
10.2 Driver Rights and Obligations
10.2.1 Is entitled to permit another person to use the Parking Space under this Agreement.
10.2.2 Is responsible for ensuring that any person (an "Authorised Person") the Driver allows to use a Parking Space complies with the terms of this Agreement. The Driver is responsible for the conduct of any such Authorised Person.
10.2.3 Must only use the Parking Space at the times specified in this booking confirmation. If the Driver uses the Parking Space at any earlier or later time, the Driver will be liable to the Space Owner under the Booking Agreement and the Driver’s vehicle may be towed.
10.2.4 Must use the vehicle the details of which have been notified as part of the Booking. If the Driver uses a different vehicle they may be unable to park. If the Driver wishes to change the registered vehicle to be used for the parking space, the Driver must contact easyParking in advance of the booking so that easyParking can confirm and notify the Space Owner.
10.2.5 During the Booking Period, if the Driver has any concerns or queries about the Parking Space the Driver must contact easyParking immediately and easyParking will direct the concern or query to the Space Owner if appropriate.
10.2.6 At the start of the Booking Period, the Driver must inspect the Parking Space and ensure the Parking Space meets the description on easyParking. If the Driver believes that the Parking Space does not reasonably match the description on the Website and the App, you must contact easyParking immediately or within 48 hours, in which case we will provide you with a suitable alternative or full refund in order to resolve the concern or query.
10.2.7 Where possible, any dispute between the Driver and the Space Owner relating to the Parking Space should be dealt with at the start of the Booking Period and without our involvement so that the Driver may still fulfil the Booking. Where this does not prove possible, the Driver agrees that easyParking may mediate (at its discretion) and attempt to resolve the concern or query so that the booking can be fulfilled.
10.2.8 Must vacate the Parking Space and cease using the Parking Space by the end of the Booking Period. The exact departure time from the Parking Space will be as stated in the Booking Confirmation. You authorise us to collect payment on behalf of the Space Owner for additional times used using the credit or debit card details you have supplied.
10.2.9 Any and all access equipment provided for the booked parking space must be returned within 48 hours of the booking end time. Failure to return access equipment within 48 hours of the booking end time will result in an automatic deduction of the cost of replacement from the paid deposit.
10.2.10 Acknowledges that the Parking Space is someone else's property and agrees not to access any other part of the property to which the Parking Space is attached, other than as reasonably required to directly access the Parking Space or as explicitly stated in your Post Booking Instructions.
10.2.11 Has primary responsibility for the Driver’s safety and the safety of their vehicle during the Booking Period and agrees that the Space Owner or easyParking are not responsible for ensuring the Driver’s or an Authorised Person’s safety, or the safety of your vehicle. A Driver parks at his own risk.
10.3 Space Owner rights and obligations
The Space Owner agrees to:
10.3.1 Provide the Parking Space in accordance with the details and information set out in your easyParking listing;
10.3.2 Comply with all applicable laws and rules and regulations that may apply to the Parking Space, including but not limited to any relevant body corporate rules, zoning laws and laws governing rental of or licenses to use residential and other properties;
10.3.3 Use best endeavours to settle any disputes that may arise during the Booking Period as soon as practicable so that the Driver may still fulfil his booking.
10.3.4 You will be advised of any enquiries about your Parking Space by any method possible including but not limited to email, text message or phone call.
10.3.5 You agree to allow easyParking to automatically accept bookings for you instantly, always or if a booking meets certain criteria.
10.3.6 You agree to confirm with us as soon as practicable if you cannot accept a booking. You agree to decline a booking by sending easyParking an email or phone call.
10.3.7 You agree to grant easyParking permission to cancel any and all upcoming short-term bookings in order to accept a long-term booking.
10.3.8 Parking Space Owners have 48 hours to reply to a Parking Space enquiry before the offer is revoked. You acknowledge that during and after this 48 hour period, we may suggest other Parking Space options to the Buyer who has made the enquiry.
10.4 Driver and Space Owner Obligations
As a Driver or a Space Owner:
10.4.1 You will be asked to create a password when registering. You are required to ensure that the password is kept confidential and do not disclose it to any third party. If you do so reveal your password to a third party and they then access the Website and the App they will be deemed to be acting as an agent for you. We will not be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password and is using your Account without authorisation from you, please notify us immediately and we will suspend or close the Account at our discretion.
10.4.2 You agree to not use the Parking Space or deal with other easyParking members in any way which could be deemed to be harmful to the business or reputation of easyParking or do anything which might adversely affect our relationship with a Space Owner or a Driver;
10.4.3 You agree to not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, licensee or business relation of easyParking or any Driver or Space Owner through any communication including written and oral communication made by yourself or a third party to transact outside of the Website and the App.
10.4.4 You agree to provide us with accurate information and ensure that all details that we hold about you (including your email address) are up to date and valid;
10.4.5 You agree to not use the Website or the App in any way which may detrimentally affect the reputation of easyParking or the use and enjoyment of the Website and the App or our Services by any other users or third parties;
10.5 Mutual Warranties
10.5.1 Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.
10.6 Driver Warranties
The Driver represents and warrants that the Driver will:
10.6.1 Keep the Parking Space clean, tidy and clear of rubbish and leave the Parking Space in the same condition as they find it;
10.6.2 Park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property;
10.6.3 Notify the Space Owner or easyParking of any damage to the Parking Space during the Booking Period as soon as it occurs;
10.6.4 Not do or permit to be done on the Parking Space anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Seller or owner or occupier of neighbouring property;
10.6.5 Not conduct any illegal activity from the Parking Space;
10.6.6 Not conduct any business or commercial activity whatsoever from the Parking Space;
10.6.7 Not use the Parking Space for any purpose other than for parking;
10.6.8 Indemnify and hold harmless the Space Owner against all loss, liability, damages, costs and expenses arising from the Driver’s negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Space Owner; and
a. Act with courtesy towards the Space Owner; and
b. Have at all material times a valid driving license and vehicle registration.
10.6.9 The above warranties are given at the commencement of and on an on-going basis during the term of the agreement.
10.7 Space Owner Warranties
The Space Owner represents and warrants that the Space Owner:
10.7.1 Owns or is authorised to use the Parking Space and is authorised to allow third parties to use the Parking Space and, where necessary, you have permission from your landlord, tenant or body corporate (or other persons who control any apartment or complex of which the Parking Space is a part) to do so. If you do not have the necessary authority you agree to indemnify and hold harmless easyParking for any loss we may suffer as a result of your breach of the representation and warranty above.
10.7.2 Has all necessary regulatory and planning approvals to grant a license to use the Parking Space and that the license to use the Parking Space will comply with all applicable laws, tax requirements and rules and regulations that may apply to the Parking Space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties.
10.8.1 Our standard policy for short-term bookings (any booking of less than 30 days) is to collect a payment owed by the Driver for the Parking Space at the time the booking is made. We will collect full payment up front in the case of a short or medium-term booking (any booking of up to 1 month).
10.8.2 For long-term bookings (any booking of more than 30 days) we will take a deposit payment from the Driver up front to the value of 1 month’s rent. The first month’s rent will be taken on the first day of the booking and the rolling monthly payments will be taken on this date each month until termination of the Booking.
10.8.3 We are authorised by the Space Owner to accept payment from the Driver on the Space Owner's behalf. If the Driver has paid the full amount for the booking to easyParking at the time the booking is made, then no further payments are due to the Space Owner. The Space Owner accepts that payment of the fees for the Booking to easyParking represents a full discharge of the Driver's payment obligations for that booking.
10.8.4 As a Space Owner, you authorise easyParking to accept and hold Driver payments on your behalf. We will send the payment to you that we have received from the Driver at the end of the next pay period for short-term bookings, and at the end of the payment period in the case of a long-term booking. We reserve the right to waive this escrow period.
10.8.5 easyParking is entitled to process all transactions using your Account and is not required to check that you have authorised such transactions.
10.8.6 In order to register an account you may be required to provide us with bank account, PayPal, credit or debit card details to enable us to make payments to you. We are also authorised in exceptional circumstances to use these details to deduct any payments you may owe to us or to a Driver.
10.8.7 You are responsible for paying all fees and applicable taxes, general services taxes, incomes taxes, goods and services taxes and other similar taxes or other withholding and personal or company incomes taxes ("Taxes") under this agreement in a timely manner.
10.8.8 If your payment is not received or fails we may collect monies owed using other collection mechanisms and we reserve the right to charge you for all additional fees and expenses we may incur (including legal fees and costs) in attempting to collect fees through commencing collection efforts, using the services of an external debt collection agency or issuing legal proceedings.
10.8.9 Once payment has been received, we will send a Booking Confirmation Email which will include the Booking Period (which may be changed by agreement or termination as set out below) and a contact details for both parties.
10.8.10 You agree that we may issue you with invoices and receipts in electronic format by email or other method.
10.9 Cancellations and Booking Guarantee
10.9.1 All bookings are made subject to the cancellation policy as set out in this agreement and the Driver and the Space Owner each agree to comply with the terms of the Cancellation Policy and authorise easyParking to administer the Cancellation Policy, if necessary, by making refunds.
10.9.2 The Driver and/or Space Owner must cancel the booking by contacting easyParking via email and requesting a cancellation. easyParking is not responsible for any transmission failures. easyParking may accept cancellation via phone at our discretion. Notice of cancellation will be deemed to be received at the point easyParking receives a cancellation request for their booking:
a. All short-term bookings (any booking of 29 days or less) can be cancelled up to 24 hours before the booked start time and receive a full refund.
b. All short-term bookings placed within 24 hours of the start time are fully refundable.
c. Cancellations for long-term bookings (any booking of 30 days or more) can be made at any point of the booking in which case easyParking will take the required 30 days notice from either Driver or Space Owner.
d. Cancellations for a long-term booking can be made effective immediately by either party should the cancellation be made within 48 hours of the booked start time, thus waive the 30 day notice period required and will be fully refunded less the cost of parking for the days used.
e. Cancellations for season tickets can be made effective immediately by either party should the cancellation be made within 48 hours of the ticket start date, thus waiving the 30 day notice period required and will be fully refunded less the cost of parking for any days used.
f. Cancellations for season tickets must be submitted up to 30 days before the season ticket is due for renewal.
10.9.3 If the Driver fails to cancel the booking using the easyParking cancellation procedure or in accordance with the cancellation policy, the Driver will be liable for the full amount of the fees payable to the Space Owner and will not receive any refund whatsoever.
10.9.4 If the Space Owner fails to provide 30 days’ notice to end a long-term booking using the easyParking cancellation procedure or in accordance with the cancellation policy, the Space Owner will forfeit up to £25 of their unpaid earnings held by easyParking. In cases where earnings are below £25, easyParking reserves the right to retain the total amount of unpaid earnings.
10.9.5 As a Driver you agree that if a Space Owner wishes to cancel a booking they may do so through easyParking. If we are required to process a cancellation, we will do so in accordance with the Cancellation Policy. If you have paid a booking deposit and are required to make further payments to a Space Owner under the Cancellation Policy, you authorise easyParking to collect payment on behalf of the Space Owner using the credit or debit card details you have supplied. We also reserve the right to cancel your Account and terminate this agreement if you do not make payment within the timeframes specified in the Cancellation Policy.
10.9.6 For the avoidance of doubt, it is easyParking's responsibility to make any refund to which the Driver may be entitled. The Space Owner has no authority or means to issue any refunds.
10.9.7 A full refund can be provided to the Driver if the:
a. Parking space is unavailable on the date and time agreed
b. Parking space address is incorrect
c. Parking space description or listing details are substantially misleading as determined by easyParking
d. Space Owner needs to cancel the booking and informs easyParking before the start date
e. Refund request is received up to 48 hours after the booking start date and is approved after investigation.
f. In line with our booking guarantee, easyParking may provide the Driver a full refund if the above criteria are met in easyParking’s absolute discretion and judgement, though it is not obliged to do so.
10.9.8 Partial Refunds:
a. The Space Owner must inform easyParking immediately if the Space Owner wants to cancel a booking, then a refund covering the remaining booking period will be provided to the Driver. A Space Owner must provide 30 days notice to cancel a booking, except in the case where the Space Owner no longer has the legal or authorised right to the Parking Space.
b. The Driver must inform easyParking if the Driver wants to cancel a booking. 30 days termination notice will be taken from this date.
c. The Driver chooses to cancel a long-term booking within 48 hours of the start time, the Driver will be obligated to pay for the number of days used before a refund is issued.
10.9.9 No Refunds:
a. If the Driver wants to cancel a short-term booking after the booking period, then the Driver will receive no refund. Example: If a Driver has a booking for the 1st and contacts easyParking on the 2nd to say they did not end up using the space, then the Driver will receive no refund.
b. If the Driver does not use the parking space or make suitable attempts to find it and contact the Space Owner, then the Driver will receive no refund.
10.10 Complaints and Disputes
10.10.1 The Driver and Space Owner agree that in the event of a dispute in relation to this Agreement, you will attempt to resolve it in the first instance by directly communicating with the other party with the contact details given to you by easyParking.
10.10.2 In the event that a dispute cannot be resolved with the Driver or Space Owner directly, either the Driver or Space Owner may refer the dispute to easyParking. easyParking is not obliged to take any steps in relation to the dispute but may, at its discretion, investigate the matter and take any action as deemed appropriate.
10.11.1 You agree that we shall not be liable to you in any way whatsoever if you suffer any loss as a result of any governmental authority or any other relevant public authority bringing proceedings against you or taking any other action against you as a result of listing the Parking Space on easyParking.
10.11.2 In the event of credit/debit card fraud, unauthorised use of a credit/debit card or fraudulent payment details by Drivers, easyParking will not be liable to pay out earnings from fraudulent bookings and reserves the right to deduct earnings from the Space Owner to recover any previous payments for fraudulent bookings.