JustPark Owner Agreement
- JustPark Parking Limited (trading as JustPark) ("us", "we" or "JustPark") provides a website and associated services (“Services”) connecting those seeking to book parking spaces, charging points or storage spaces for vehicles and bicycles (“Drivers”) with our JustPark registered owners who own or operate such parking spaces, charging points or storage spaces (“you” or the “Owners”).
- These terms and conditions will apply at any time when you use this website ("Website") or any other method of accessing the Services (including via the JustPark application). By continuing to use the Website or the Services you accept these terms and conditions and they will apply to the agreement between you and us (the "Agreement").
- This Agreement governs the relationship between us and you. When you use the Services we are providing you with the means to enter into individual, direct contracts with Drivers to park in your parking space or use your charging point or storage spaces (“Parking Spaces”). When accepting bookings for Parking Spaces using the Services (“Bookings”) and allowing Drivers to use your Parking Space(s) you are entering into individual, direct contracts with the Drivers. You will be bound by your obligations under this Agreement and any additional obligations included in a listing relating to a Parking Space. We are not a party to the agreement between you and the Driver and we will not be liable to you, the Driver or any third party for any breach of obligations in relation to the Parking Space whether set out in this Agreement, in any listings relating to a Parking Space or otherwise. We simply facilitate the payment between you and the Driver for the use of the Parking Space provided by you.
- These terms and conditions may be amended from time to time as we continually develop the services we provide. We may amend this Agreement by posting the amended terms and conditions on our website www.justpark.com/owner-agreement. These amended terms and conditions would take effect 7 days following being posted. Should you no longer wish to use the Services you can simply stop using the Services. You can also log out from your account with us (“Account”) and can contact us by emailing email@example.com and request that we deactivate your Account. Any amendments or new terms and conditions will be available on our Website. The terms and conditions on the Website at the time you enter into a Booking for a Parking Space or use any other Services will be the ones that apply. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our Website or Services you will be deemed to have accepted the new terms.
- This Agreement is with you, the person using the Services . You will comply with the terms of this Agreement and any additional requirements in relation to the Parking Space. If you allow another person to assist with managing a Booking or Parking Space you agree you will remain responsible for the Booking and the Parking Space.
Services and listing
- In order to take Bookings for your Parking Spaces you must register an Account as set out here www.justpark.com/registration.
- We may advertise your Parking Space on our Website and JustPark application and provide information to Drivers and prospective Drivers who may wish to use the Parking Space.
- You will be required to complete your own listing for the Website. In your listing you agree to provide all
relevant information about the Parking Space including:
- the address and a full description of the Parking Space;
- any restrictions on the types of vehicles that are suitable for the Parking Space;
- any other information or restrictions which apply to the Parking Space (including, for example, any access restrictions) which a Driver should be aware of before booking the Parking Space.
- You are also required to provide us separately with information before we will list the Parking Space including your name, address and telephone number.
- 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. This may include, but is not limited to, photographic identification for you (including a passport or driving licence) and / or any contracts relating to your rent or ownership of the Parking Space.
- 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 if the information you provide is inaccurate, incomplete or misleading in any way.
- vii. To the extent that you provide equipment to Drivers as part of your Parking Space offering (for example charge points) you agree you are responsible for that equipment and liable to the Driver for any damage or harm incurred as a result of the Driver using that equipment (save for where the Driver does not comply with user instruction or guidance provided) and that JustPark we will not be liable to you, the Driver or any third party.
- We reserve the right to conduct a physical inspection of the Parking Space on reasonable prior notice and may remove your listing 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 clause 8 (Your obligations).
- In addition to advertising the Parking Space, we may be entitled to send promotional emails to Drivers (where we have the correct permissions to do so) and provide such information about your Parking Space as we may deem appropriate to promote JustPark or your Parking Space.
- We may refer to you or your Parking Space at any time in the future to publicise ourselves or our Website. To the extent a Parking Space relates to a residential address we will not reveal the specific address in such publicity.
Appointment as Agent
- You appoint us as your agent for the purposes of forming binding agreements between you and the Driver in relation to Bookings. You grant a licence to the Driver to use the Parking Space to which a Booking relates for the period of that Booking (“Booking Period”). You also appoint us to collect your fees in relation to the Booking from the Driver.
- At the time the Booking of the Parking Space is confirmed and payment is received from the Driver (in accordance with clause 4 below), a binding agreement will be formed between you and the Driver. The agreement between you and the Driver will include the relevant terms and conditions of these terms and conditions and will also include any additional restrictions relating to your Parking Space if listed by you in accordance with clause 2.
- You may not incorporate any additional terms into the agreement between you and the Driver other than the restrictions clearly included in your listing.
Bookings, payment and our charges
- The Website will allow you to list the Parking Space in two ways: either you can list the Parking Space for Instant Bookings or you can list your Parking Space for Booking by Agreement.
- You may make your Parking Space available for instant booking. Where you elect to use instant booking your Parking Space will be treated as available unless you inform us otherwise. It is your responsibility to ensure that you inform us of any dates your Parking Space will not be available for booking. If the availability changes at any time you must notify us as soon as practicable. Based on the availability information you have provided to us we will tailor the Website listing for your Parking Space. If you have not informed us that your Parking Space is unavailable for a particular date or time then you may be liable to pay the reasonable costs of alternative arrangements for a Driver who makes a booking for such date and time (up to a maximum of £250). Where this happens we may either deduct money directly from your JustPark account or pay the reasonable costs of alternative arrangements to a Driver ourselves and recover this money from you afterwards.
- Where instant booking is used, you agree that we will manage the entire booking process and you authorise us to accept a booking for an available date without further reference to you. We will take payment from the Driver on your behalf at the time of Booking as set out below.
Booking by Agreement
- If you have a Parking Space where booking is by agreement then the Website will allow Drivers to enquire about the availability of your Parking Space (each an “Enquiry”). Any Enquiries about prospective bookings will be sent to you automatically by email and/or by text message depending on the preferences as set out in your Account. Each Enquiry will include (where the information is available) the proposed date(s) or periods of the booking. You agree to confirm with us as soon as practicable whether or not the booking is accepted. You can confirm a booking by signing into the Website and approving the relevant Enquiry or by sending a text message to us if you have chosen to accept SMS notifications.
- Parking Space Owners have 72 hours to reply to an Enquiry before it lapses. You acknowledge that during and after this 72 hour period after the Enquiry is sent by the Driver, we may suggest alternative Parking Spaces to the Driver who has made the Enquiry.
- If the booking is accepted by you, we will notify the Driver who can then book the Parking Space for the agreed times. Upon the Driver confirming the Booking (and making payment in accordance with 4iv below) you will enter into an agreement with the Driver. We will provide the Driver with the contact details you have supplied to us without further reference to you, and we will take payment from the Driver on your behalf at the time of Booking as set out below.
- Once a Booking has been accepted in accordance with this clause 4 we will request payment from the Driver. Once we have received the necessary payment from the Driver, you will have entered into a binding agreement with the Driver to allow the Driver to occupy the Parking Space during the Booking Period (as set out in our email confirming a booking ("Confirmation Email")). We will confirm a Booking to you as soon as practicable.
- For short and medium-term use (any Booking Period of 6 weeks or less) when we request payment from a Driver we will request the full amount due in respect of the Booking at the time of booking.
- For long-term use (any Booking Period of more than 6 weeks) we will require that the Driver pays for the first month of the Booking Period at the time of booking. We will collect each subsequent month's payment in advance on the same day of the month for each subsequent month (or the remaining amount due for the Booking Period where less than a month is left) until the Booking Period is complete.
- You authorize us to accept and hold such payments on your behalf. We will forward the initial payment received from the Driver to you, within 48 hours after the start of the Booking Period or within 48 hours after the period covered by a subsequent payment in the case of a long-term booking.
The Parking Space and Licence for the Booking Period
- Before any Booking Period you must ensure that the Parking Space is in a satisfactory condition and complies with the information given in your listing.
- Unless you have agreed to the Driver being given a later departure time or further Booking Period (which must be agreed through the JustPark Services), if a Driver stays longer than the Booking Period, the Driver will be liable to pay the full price for any additional time stayed. If a Driver does stay for such an additional period you authorise JustPark to collect payment of any such additional fees from Driver on your behalf.
- You represent and confirm that you own the Parking Space or are authorised to allow third parties to use the Parking Space (including having the necessary permission from any relevant landlords, tenant, condominium association and / or other third parties to offer the Parking Space for use by Drivers) and that the licence for the Driver to use the Parking Space during the Booking Period will comply with all applicable laws, rules and regulations that may apply to the Parking Space, including but not limited to parking laws, tax requirements and laws governing rental of or licenses to use residential and other properties. If you are in any doubt you should check the terms of your lease (or sublease), freehold title, mortgage, deed of trust, condominium documents or any other documents to ensure that you are able to grant a licence to use the Parking Space.
- You agree to notify us immediately (and provide copies where requested) upon receiving any notice, or correspondence from any governmental authority, landlord or condominium association (or other persons who control any condominium of which the Parking Space is a part) in connection with your use of the Parking Space for the Services. Following such notice we reserve the right to terminate this Agreement and remove the Parking Space from the Website.
- We will not be liable to you, the Driver or any other third if you do not have the necessary authority referred to in clause 5 iii.
Complaints and Disputes
- You agree that if you have any dispute with a Driver concerning your Parking Space or any use of the Parking Space you will attempt to resolve it in the first instance by directly communicating with the Driver.
- In the event that a dispute cannot be resolved with the Driver directly, you may refer the dispute to us or make a complaint. Similarly, a Driver may refer a dispute to us. We are under no obligation to resolve any disputes between you and a Driver. However, we may seek to resolve the dispute between you and a Driver and we may require that a Driver makes further payment to you. Or we may require that you refund payments you have received from the relevant Booking.
- You agree that if we determine that you should make a refund or other payment to a Driver, you will be responsible for these amounts and we may use any funds we are holding on your behalf in order to settle a dispute, deduct such funds from the debit or credit card you have supplied to us or JustPark may settle the amount owed to the Driver directly with the Driver and then seek the funds from you.
- You agree that the provisions in this clause will survive any termination of this Agreement.
- If you want to cancel a Booking you must do so through the cancellation policy [insert link to cancellation policy] which may be updated from time to time ("Cancellation Policy"). To cancel a Booking you must log into your Account and process the cancellation through the Website in accordance with the Cancellation Policy. Cancellation of a Booking will take effect at the point you receive an acknowledgment of such cancellation from us.
- Furthermore, you agree that if a Driver wishes to cancel a booking they may do so through us and our Website and we will act as your agent in dealing with any cancellation. If we are required to process a cancellation we will do so in accordance with the Cancellation Policy.
- If we have received any payments in respect of a booking before a Booking Period begins and such booking is subsequently cancelled by you or the Driver, you authorise us to refund the Driver from any payments we are holding on your behalf. Where you have received payments you are required to refund the Driver in accordance with the Cancellation Policy.
- We reserve the right to cancel your account and terminate this agreement if you do not refund a Driver within the timeframes specified in the Cancellation Policy. You agree that you will be responsible for such refunds and that we may use any funds we are holding on your behalf in order to refund a Driver, deduct such funds from the debit or credit card you have supplied to us or JustPark may settle the refund owed to the Driver directly with the Driver and then recover this money from you afterwards.
- honour all bookings with Drivers and ensure that the Parking Space is available for the duration of the Booking Period;
- not obstruct the Driver or prevent the Driver from parking in the Parking Space and not allow any vehicle, other than the vehicle detailed in the Booking to use the Parking Space during the Booking Period;
- not deliberately do, or omit to do, anything which will or is likely to put the Driver or their vehicle at risk;
- provide your Parking Space in accordance with the details and information set out in your listing;
- ensure that all information about you and your Parking Space that you provide to us for inclusion on the Website is true and accurate in all respects and could not in way be construed as misleading to a Driver;
- ensure that the Parking Space is clean, tidy and clear of rubbish at the start of the Booking Period and that any equipment provided as part of the Parking Space (including electric vehicle charging equipment for example) is in good working order;
- deal with all Drivers in a professional and courteous manner and in such a way as to not cause any harm or damage to our reputation;
- deal with all queries from Drivers relating to a Parking Space or booking in a prompt and satisfactory manner;
- be available by telephone, SMS or email prior to or at the commencement of the Booking Period to direct the Driver to the Parking Space;
- subject to clause 6 use your best endeavors to settle any disputes that may arise during a Booking Period including taking such action as is necessary to bring the dispute to a satisfactory conclusion as soon as practicable so that the Driver may still fulfill his booking.
- You agree that you will not create any false account with JustPark or use your account with JustPark for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering.
- You agree to use JustPark as your exclusive agent for the purposes of making and accepting bookings from Introduced Drivers. For the purposes of this clause an “Introduced Driver” means any person who a) has made a booking of your Parking Space through JustPark; or b) has made an enquiry about your Parking Space through JustPark (whether or not such person completed a booking); or c) has become aware of you or your Parking Space as a result of your listing with JustPark or d) has made you aware of their need for parking through JustPark whether or not in any of the above scenarios such person completes a booking with you or a third party. You will not attempt to make a booking for your Parking Space with an Introduced Driver other than through the booking procedure described in clause 4.
- You must:
Debit or Credit card details and PayPal
- In order to register an account you may be required to provide us with credit or debit card details to enable us to make payments to you. If you do not provide us with debit or credit card details or link to a PayPal acount you will not be able to withdraw funds from your Account. We are also authorised in certain circumstances to use these details to deduct any payments you may owe to us or to a Driver as explained above.
Termination and suspension
- If you do not comply with the terms of this Agreement (including but not limited to not complying with the Cancellation Policy or not having the right to offer a Parking Space to Drivers) we may suspend or close your Account and you will not be able to use our Services (including taking and accepting Bookings).
- 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 take or accept any further Bookings. If you attempt to avoid this by creating or attempting to create a new account, we reserve the right to terminate this Agreement and any existing Account you may have.
- If we suspend or terminate your Account, upon termination you will no longer be able to use our Services or take or accept Bookings through us. If you have any outstanding Bookings for which Drivers have made payment directly to you, you must refund those Drivers for those Bookings in accordance with the Cancellation Policy and the Bookings cannot proceed. The terms of this Agreement will continue to the extent they relate to existing consequences of previous Booking (for example terms relating to fees, liability and damage).
- You may also terminate this Agreement at any time, but if you terminate this Agreement you agree to honor any outstanding Bookings at the time of termination. From the date of termination we will not confirm or accept any new bookings for the Parking Space but the Agreement will continue in respect of those outstanding Bookings.
Our liability to you under this Agreement
- If you choose to use the Website and Services, you do so at your sole risk. You acknowledge and agree that JustPark does not have an obligation to conduct background checks on any Drivers. The Website and Services are provided "as is”. JustPark makes no promises that the Website or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. JustPark makes no promises regarding the quality of the Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Website or Services.
- You are solely responsible for all of your communications and interactions with other users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services, including, but not limited to, any Drivers. You understand that JustPark does not make any attempt to verify the statements of users of the Website or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services, including, but not limited to Drivers, particularly if you decide to meet in person.
- We accept liability for death or personal injury caused by our negligence. We also accept liability for fraud and fraudulent misrepresentation by us.
- Other than our liability mentioned above, if we breach these terms or are otherwise liable to you for any other type of claim, we shall only be liable to you for losses up to the greater of: a) the amount paid by the Driver in relation to the Booking giving rise to the dispute between us; or b) £100.
- We are not responsible for: (i) losses not caused by our breach; (ii) indirect losses (which means loss to you which is a side effect of the main loss or damage, and where you and we could not have reasonably expected that loss would arise at the time of entering into these terms); (iii) any loss arising as a result of the accuracy, timeliness, completeness or usefulness of any information; or (iv) failure to provide the Services or to meet any of our obligations under these terms where such failure is due to events beyond our control (for example a network failure).
- You have certain rights under the law. Nothing in these terms (including this section) is intended to or will affect these statutory rights. You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our Services include only the provision of the Website and Services and responsibility for the payment of the fees in relation to a Parking Space lies solely with the Driver .
Data Protection and Data Sharing
- Each party shall comply with its respective obligations under the provisions of the data protection legislation (being the Data Protection Act 1998 (or any subsequent legislation including the General Data Protection Regulation (Regulation (EU) 2016/679)) or any regulations statutory instruments made under such legislation). References in this clause 12 to "data processor", "data controller" and "personal data" shall have the meanings defined in the data protection legislation.
When accepting a Booking we may share details of the Driver with you (Shared Data)via our website. The Shared Data may include a Driver's name, telephone number and car registration.
These details are provided to you for the purpose of accepting and fulfilling Bookings. In relation to the Shared
Data provided by us, you agree to:
- comply with your obligations under the data protection legislation;
- provide us with all reasonable assistance as we may require from time to time;
- only use the Shared Data for the purpose of accepting, managing and fulfilling Bookings and for security purposes (Agreed Purposes); and
- only use the Shared Data for the duration of the Booking.
The permitted use of the Shared Data expressly excludes (without limitation):
- disclosure in breach of the confidentiality obligations in Clause 14 below;
- use of the Shared Data for any purposes inconsistent with the Agreed Purposes unless required or permitted by law;
- transferring the Shared Data outside of the European Economic Area;
- including any element of the Shared Data within any larger data set already held by you; and
- washing or integrating any element of the Shared Data against any previous data derived by you from other data washing activity.
- JustPark reserves the right upon giving reasonable notice and within normal business hours to inspect (either by itself or through an appointed third party) your systems in order to ascertain compliance with the data protection legislation and the terms of this Agreement. Each party shall bear its own costs of any such inspection which shall be carried out with the minimum of disruption.
- Even where the Shared Data does not constitute personal data for the purposes of the data protection legislation, you shall (for the purposes of this Agreement treat the Shared Data as though it were personal data).
You shall where you are acting as data controller in relation to Shared Data:
- issue notices to data subjects in relation to the Shared Data about your processing of such Shared Data when requested to do so by JustPark;
- allow JustPark to approve and, if JustPark deems necessary, to amend any notices given to data subjects in relation to the Shared Data that are required by data protection legislation;
- promptly inform JustPark about the receipt of any data subject access request;
- not disclose the Shared Data with any party other than the parties to this Agreement, the employees and subcontractors of each party who need access to the Shared Data and any other third parties engaged to perform obligations in connection with this Agreement;
- ensure that you have in place appropriate technical and organisational measures, reviewed and approved by JustPark, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data;
- provide JustPark with reasonable assistance in complying with any data subject access request;
- not disclose or release any Shared Data in response to a data subject access request without first consulting with and obtaining the consent of JustPark;
- assist JustPark, at the cost of JustPark, in responding to any request from a data subject and in ensuring compliance with its obligations under the data protection legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
- notify JustPark without undue delay on becoming aware of any breach of the data protection legislation;
not transfer any personal data outside of the European Economic Area unless the prior written consent of the data subject
has been obtained and the following conditions are fulfilled:
- the data subject has enforceable rights and effective legal remedies with regard to the transferred personal data;
- the transferring party complies with its obligations under the data protection legislation by providing an adequate level of protection to any personal data that is transferred.
- use compatible technology to that used by JustPark for the processing of Shared Data to ensure that there is no lack of accuracy resulting from personal data transfers; and
- maintain complete and accurate records and information to demonstrate your compliance with this Clause 12 and allow for audits by JustPark or its designated auditor.
- You shall procure that where you disclose the Shared Data to a subcontractor in accordance with clause 12.6(d) (whether directly or by requesting JustPark to grant access to the Shared Data) that such subcontractor shall comply with the terms and conditions set out in this Agreement.
- You will be entirely responsible for any and all insurance that you may require for the purposes of granting any license to use your Parking Space.
- Except as otherwise agreed in these terms and conditions, each party agrees with the other to keep secret and not share (except for with its employees, advisers and contractors) any confidential information it receives from the other party through the Services.
- No term of this Agreement will be enforceable by any person that is not a party to it including (if you are domiciled in the UK) any enforcement through the Contract (Rights of Third Parties) Act 1999. For clarity, this clause does not affect the enforceability of the rights and obligations between you and the Driver under the contract you enter into with the Driver (in accordance with clause 3(ii) of this Agreement).
- You acknowledge that we may transfer our rights under the terms (and any related claims) to any third party without having to obtain your prior permission provided that this will not affect the standard of services you receive under this Agreement and that we notify you of the date on which we will transfer our rights and obligations under this Agreement to another legal entity, Your only rights under or in connection with this Agreement will be against the new legal entity and not against us.
- You agree that these terms are fair and reasonable in all the circumstances. However if any part of these terms is disallowed or found to be ineffective by a court or regulator, the other provisions shall continue to apply.
- If you breach these terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
- You agree that your right to access and use the Services is also subject to applicable law and any rules or policies applied by the relevant App Store from which you access the App.
Governing Law and Jurisdiction
- This Agreement shall in all respects be governed by the laws of England. We both agree to submit to the non-exclusive jurisdiction of the English courts, which means: (i) that if you live in the EU, you may enforce your rights in connection with these terms in the EU member state in which you live; or (ii) if you live in any other jurisdiction which gives you mandatory consumer protection rights, you may enforce your rights in connection with the terms, in accordance with such rights.