This agreement is between the driver ("Driver") who has booked a parking space through JustPark.com ("JustPark") and the owner or operator ("Owner") of the parking space ("the Parking Space") which has been licensed. Each of the parties and details of the Parking Space and the proposed license period ("License Period") are set out in the confirmation email ("Confirmation Email") sent by JustPark to the Driver and the Owner on completion of the booking. It applies to all bookings including those involving the storage of goods or for camping space.
The Owner represents and warrants that it is the owner of the Parking Space or the person who is duly authorized to arrange licensing of the Parking Space. This agreement details the terms and conditions which apply between the Driver and the Owner relating to the Driver's license of the Parking Space.
The Driver agrees that they are responsible for ensuring that any person they allow to drive the vehicle to the Parking Space complies with these terms and the Owner similarly agrees that they are responsible for ensuring that any person who assists them with managing a booking or is responsible for or authorized to manage the Parking Space or a booking complies with the terms of this Agreement.
JustPark is the Owner's agent for the purpose of this Agreement but is not the Owner. This Agreement is between the Driver and the Owner (for details of the terms which apply between the Driver and JustPark, please see the Driver agreement or for the terms which apply between the Owner and JustPark, please see the Parking Space Owner Agreement). JustPark is an intended third party beneficiary of this Agreement but it shall have no obligations to the Driver or the Owner under this Agreement.
The Owner grants a license to the Driver to use and occupy the Parking Space during the License Period as set out in the Confirmation Email. The Driver is not a tenant of the Owner and has not been granted exclusive possession of the Parking Space.
Booking and Payment
The Driver and the Owner agree with each other to make all bookings for the Parking Space through JustPark and acknowledge that JustPark may handle the booking and payment process on the Owner's behalf.
All bookings and payments will be made in accordance with the Driver Agreement and Parking Space Owner Agreement and the Driver acknowledges that all payments made to JustPark are received by JustPark as agent for the Owner.
Full amount on booking
If the Driver has paid the full amount for the booking to JustPark at the time the booking is made then no further payments are due to the Owner. The Owner accepts that payment of the fees for the license to JustPark represents a full discharge of the Driver's payment obligations for that booking.
All bookings are made subject to the cancellation policy as set out on the website ("the Cancellation Policy") and the Driver and the Owner each agree to comply with the terms of the Cancellation Policy and authorize JustPark to administer the Cancellation Policy, if necessary, by making refunds.
The Driver must cancel their booking by logging on to JustPark and processing the cancellation through the website. Notice of cancellation will be deemed to be received at the point the Driver issues a cancellation request for their booking. JustPark is not responsible for any transmission failures.
If the Driver fails to cancel the booking using the JustPark cancellation procedure the Driver will be liable for the full amount of the fees payable to the Owner and will not receive any refund whatsoever.
In the event that there are exceptional circumstances beyond the reasonable control of the Driver and the Driver accordingly no longer requires the Parking Space, the Driver may request an exceptional cancellation and may receive a refund other than in accordance with the Cancellation Policy. The Driver must inform JustPark of the exceptional circumstances before the License Period is due to start. The Driver and the Owner agree that whether or not a cancellation is due to exceptional circumstances and whether a refund is due will be at the sole discretion of JustPark who will decide on the amount of the refund (if any) and each party agrees that the decision of JustPark will be binding.
The Owner agrees to honour all bookings.
If the Owner needs to cancel the Driver's booking due to exceptional circumstances beyond the Owner's reasonable control, the Owner agrees to inform JustPark. The parties agree that JustPark will be instructed to contact the Driver with proposals for suitable alternative parking space to be provided by another registered JustPark owner. JustPark makes no guarantees or warranties that alternative parking can be found and accepts no liability arising from the failure of the Owner or the Driver to honour the booking or for the costs of alternative parking or other costs arising directly or indirectly as a result of the breach of any terms of this Agreement.
The Owner agrees that if they need to cancel a Driver's booking and the circumstances are not exceptional or not beyond the Owner's reasonable control the Driver will be entitled to a full refund (if a suitable alternative cannot be arranged by JustPark) and the Owner also agrees to discharge any additional cost which is payable by the Driver for suitable alternative parking arrangements (up to a maximum of £50 (GBP) per day if the Parking Space is in the UK or $75 (USD) per day if the Parking Space is outside the UK).
The Driver and the Owner agree that whether or not an Owner cancellation is due to exceptional circumstances beyond the Owner's reasonable control and whether the Owner is responsible for the Driver's additional costs will be determined at the sole discretion of JustPark who will decide on the amount of the compensation (if any) and each party agrees that the decision of JustPark will be binding.
A long-term booking is a booking for a period of more than six consecutive weeks.
The Driver will be required to pay an initial booking deposit or the first month's license charges at the time the booking is made. All subsequent payments due to the Owner must be paid every 30 days in advance. All payments due to the Owner from the Driver must be paid to JustPark who are authorized to collect all such payments on the Owner's behalf.
End of License Period
The Driver must vacate the Parking Space and cease using the Parking Space by the end of the License Period. The exact departure time from the Parking Space will be as stated in the Confirmation Email.
Unless the Owner has agreed to a later departure time or a further License Period (and the Owner agrees with the Driver that such agreement must be through JustPark) the Driver will be liable to pay the full price for any additional time stayed. The driver will be liable to pay:
the hourly rate for every additional hour stayed until this rate exceeds the cost of the daily rate. After this point the driver will be charged at the daily rate for any additional time stayed. Any minutes under 1 hour will be charged as 1 hour.
a £10 penalty charge
any additional costs incurred by the space owner as a result of the overstay up to a maximum of £100 or $150.
The Owner shall authorize JustPark to collect payment of any such additional fees from the Driver on behalf of the Owner.
JustPark may request an image with a visible timestamp of the vehicle if there is a dispute regarding an overstay.
If the Driver overstays by more than 2 hours then the Owner reserves the right to instruct a third party to remove the Driver's vehicle(s) from the Parking Space (and the Driver will be charged for the costs of any such action).
JustPark has full discretion about whether any fees or fines will be applied for overstays and JustPark's decision will be final.
The Driver has primary responsibility for their own safety and the safety of their vehicle during the License Period. The Owner is not responsible for ensuring the safety of the Driver or the vehicle.
The Driver may not allow any person other than the driver(s) named in the Confirmation Email and shall not allow any vehicle other than the vehicle specified in the Confirmation Email to occupy the Parking Space at any time during the License Period. This agreement is personal to the Driver and the Owner and may not be transferred to any other person. If anyone other than the driver named in the Confirmation Email attempts to use the Parking Space or if anyone attempts to park a different vehicle in the Parking Space during the License Period the Owner may refuse access to that individual and their vehicle (even if they have the authority of the Driver).
The Driver represents, warrants and agrees that they will:
keep the Parking Space clean, tidy and clear of rubbish and leave the Parking Space in the same condition as they find it;
park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property;
notify the Owner or JustPark of any damage to the Parking Space during the License Period as soon as it occurs;
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 Owner or to the owner or occupier of neighboring property;
not conduct any illegal or immoral activity from the Parking Space;
not conduct any business or commercial activity whatsoever from the Parking Space;
not use the Parking Space for any purpose other than for parking;
maintain insurance on the vehicle as required by applicable law;
indemnify and hold harmless the 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 Owner; and
act with courtesy towards the Owner.
The Driver 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.
Although the Driver has primary responsibility for their own safety and the safety of their vehicle during the License Period and the Owner is not responsible for ensuring the safety of the Driver or the vehicle the Owner will not deliberately do or omit to do anything which will or is likely to put the Driver's vehicle or persons at risk.
The Owner shall ensure that the Parking Space is properly and fully described in the JustPark listing and in particular if the Parking Space is not suitable for certain types of vehicle or if there are any access restrictions this will be specified.
The Owner will ensure that the Parking Space is available for the duration of the License Period and will not obstruct the Driver or prevent the Driver from parking in the Parking Space. The Owner will not allow any person other than the Driver and shall not allow any vehicle other than the vehicle specified in the Confirmation Email to occupy the Parking Space at any time during the License Period.
The Owner represents, warrants and agrees that:
the Parking Space listing is true complete and accurate;
they will be available by telephone, SMS or email prior to or at the commencement of the License Period to direct the Driver to the Parking Space;
they will ensure that the Parking Space may be accessed easily by the Driver and is not obstructed at the start of or during the License Period;
they will ensure that the Parking Space is clean, tidy and clear of rubbish at the start of the License Period;
they will indemnify and hold harmless the Driver against all loss, liability, damages, costs and expenses arising from the Owner'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 Driver; and
they will act with courtesy towards the Driver and assist and cooperate with the Driver in relation to locating the Parking Space.
Complaints, Claims and Liability
Each party agrees that if any dispute arises concerning the Parking Space or otherwise during the License Period each party will attempt to resolve such dispute in the first instance by directly communicating with the other. Any agreement reached between the parties may be communicated to JustPark and JustPark is authorized to collect payments from either party (where possible) to give effect to such agreement.
In the event that a dispute cannot be resolved directly it is agreed that either party may refer the dispute to JustPark or make a complaint about the other. Both parties authorize JustPark to deal with the dispute or complaint as it sees fit and agree to abide by any decisions they may make in such circumstances, including requiring refunds to be made or compensation to be paid (up to a maximum of £250 (GBP) if the Parking Space is in the UK or $325 (USD) if the Parking Space is outside the UK).
Clauses 8.1 or 8.2 are without prejudice to either party's rights to bring or settle any claim against the other.
Neither party will be liable to the other for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any consequential, special, indirect, or exemplary damages whatsoever arising out of this agreement, the Parking Space or the License Period however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.
The Owner's liability for all losses (with the exception of willful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to the cost of obtaining a replacement Parking Space for the agreed License Period or the amount of the Parking Space fees and charges paid by the Driver plus £250 (GBP) if the Parking Space is in the UK or $325 (USD) if the Parking Space is outside the UK, whichever is the higher amount.
The Driver's liability for all losses (with the exception of willful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to the amount of the Parking Space fees and charges paid or payable by the Driver plus £250 (GBP) if the Parking Space is in the UK or $325 (USD) if the Parking Space is outside the UK.
Owner and Driver each hereby fully and forever release JustPark and its partners, employees, attorneys, agents, successors, representatives, shareholders, parent companies, subsidiaries, affiliated companies and assigns, jointly and severally (collectively, the "JustPark Parties"), and hereby fully and forever discharge and agree to hold the JustPark Parties harmless from and against any and all claims and causes of action, in law or in equity, disputes, suits, debts, liens, rights, contracts, agreements, acts, promises, liabilities, obligations, demands, damages, losses, costs, fees (including, without limitation, those of attorneys) and expenses, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, which exist, may have existed or which may in the future exist between Owner or Driver on the one hand and the JustPark Parties, or any of them, on the other hand in connection with this agreement.
If you are domiciled in the UK the liability excluded under clause 14.1 excludes situations where fraud, willful concealment or theft shall be shown to have taken place on our part and nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or the negligence of our employees, agents or self-employed contractors or for fraud or fraudulent misrepresentation.
Waiver of California Civil Code Section 1542 if you are domiciled outside the UK
Owner and Driver each hereby understands and agrees that the general release of the JustPark Parties set forth at clause 9 above extends to all claims of every nature and kind, whether now known or unknown, suspected or unsuspected, which exist, may have existed or which may in the future exist. With respect to such release, Owner and Driver each expressly waives and relinquishes any and all rights under Section 1542 of the California Civil Code, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Each party agrees that they have the power and authority to enter into this agreement.
Neither party will be entitled to assign or sub-contract their obligations under this Agreement (save for any duties which may be carried out by JustPark as agent for the Owner as set out in this Agreement, the Driver Agreement and the Parking Space Owner Agreement).
Neither party will be liable to the other or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any event of force majeure beyond their reasonable control such as severe weather, subsidence, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war or civil unrest.
Save in the case of fraud these terms represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
If the Parking Space is located in the UK, these terms will be interpreted in accordance with the laws of England and Wales.
If the Parking Space is located outside the UK, these terms will be interpreted in accordance with the laws of State in which the Parking Space is located, without regard to its conflict-of-law provisions and both parties agree to submit to the personal jurisdiction of a state court located in the county in which the Parking Space is located or the closest United States District Court to the Parking Space.
If either party breaches these terms and conditions and the other party decides to take no action or neglects to do so, then the other party will still be entitled to take action and enforce their rights and remedies for any other breach.