Terms and Conditions
Please read through each section carefully.
When the following words are used in these Terms and Conditions (the “Terms”), this is what they will mean:
1.1 “us”, “we” and “our” means Freightsafe Limited of 10 Cloisters House, 8 Battersea Park Road, London SW8 4BG, Company No. 11113287;
1.2 “ANPR” means Automatic Number Plate Recognition;
1.3 “Parking Bay” means the parking facilities in the area and/or building managed by (or on behalf of) us and designated for parking truck trailers;
1.4 “Driver” means anyone in control of a truck trailer (whether on a temporary basis or not)
1.5 “truck trailer” means any truck trailer used to convey items [cargo] that enters the Parking Bay, including any mechanical device on wheels or tracks, its equipment and accessories; and
1.6 “VTRM” means Vehicle and Trailer Registration Mark.
2.1 We must operate the Parking Bay with reasonable skill and care (“our obligations”). If we do not, we are only responsible for direct loss or damage you suffer as a foreseeable result of our breach of our obligations or our negligence or the negligence of our employees.
2.3 We do not exclude or limit in any way our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.
2.3 Although we owe you the obligations set out at clauses 2.1 and 2.2 above, you should be aware that the Parking Bay is open to the Driver. We cannot guarantee that Drivers will not enter our Parking Bay and cause damage to property and/or engage in criminal activity. Accordingly, you park your truck trailer in the Parking Bay at your own risk. We cannot and do not guarantee the security of your truck trailer and/or its contents.
The parking tariff payable by you (as varied from time to time) is displayed on the booking confirmation (email) and on our website. You are obliged to have paid the parking tariff prior to arrival and to comply with any instructions at the Parking Bay as supplemented by these Terms, and failure to do so may result in us refusing access for your truck trailer to our Parking Bay.
CLAIMS & COMPLAINTS
4.1 If your truck trailer sustains damage while in the Parking Bay, your truck trailer is stolen or any items [cargo] are stolen from your truck trailer while it is in the Parking Bay you should:
a) immediately inform those emergency contacts provided in either the booking confirmation (email) or within the Parking Bay;
b) immediately inform the police; and
c) notify your insurers promptly.
4.2 Any claims against us or complaints about the service you have received, should be addressed to the Customer Services Department at Freightsafe Limited. The address is available at www.freightsafe.co. In the case of a claim, full details should be provided to us as soon as possible. Before submitting a claim, please refer to clause 2 (Our liability to you) of these Terms, which set out the extent of our responsibility to you in relation to any loss.
5.1 It is important for the effective management of the Parking Bay that:
a) you comply with all signs in the Parking Bay, including these Terms;
b) you park within the limits of a marked bay;
c) you do not park within a Parking Bay designated for a specific purpose when you are not entitled to do so (for example, and without limitation, parking in a space designated for a certain cargo type without an appropriate identification displayed, and/or parking in a space for electric truck trailers when you are not using the charging facility); and
d) you pay all amounts due for your parking and comply with the requirements set out at clause 10 (Ticket Types and Payment Methods) of these Terms.
5.2 If you do not comply with these requirements we may issue you with a Parking Charge Notice requiring you to pay any unpaid parking charge(s), together with an additional amount representing an estimate of the additional expenses we will incur as a result of your non-compliance (including without limitation debt recovery costs) (the “Parking Charge”). Specific details about the Parking Charge payable are available at www.freightsafe.co.
5.3 Details/information relating to how to pay the Parking Charge, deadlines for payment, what will happen if you fail to make payment within the stipulated deadline, and the appeal process will be set out on the Parking Charge Notice.
5.4 By parking your truck trailer in the Parking Bay you consent to us capturing, using and processing your VTRM and personal details via CCTV and ANPR for enforcement purposes, to confirm the validity of your parking tariff (if applicable) and to recover any outstanding Parking Charge. This includes our right to request and obtain the details of a truck trailer’s registered keeper from the local driver and vehicle license agency.
5.5 If the Parking Bay and/or the equipment in the Parking Bay is damaged by you, your truck trailer, its contents or the Driver and any passengers in the truck trailer then, except where the damage arises as a direct result of our negligence, we will seek to recover the cost of that repair and associated administration costs from you.
SECURITY OF YOUR TRUCK TRAILER
6.1 Unless asked by a member of our staff not to do so in the case of emergency, please ensure that your truck trailer is left securely locked and any truck trailer alarm, steering lock, kingpin device or similar device fitted is engaged. We are not responsible for any consequence or loss arising from a failure by you to properly secure your truck trailer.
6.2 Freightsafe installs and operate a standardised security system at/within all our Parking Bays. For a copy of these security standards, please visit your secure membership account at www.freightsafe.co.
Any possessions left in a Parking Bay are left entirely at the owner’s risk. We suggest that no items are left so that they are visible from the outside or the inside of a Parking Bay. We are not liable for any theft by third parties of your possessions.
TRAFFIC ORDERS AND BYELAWS
The use of this Parking Bay may be regulated by traffic orders or byelaws under which a penalty may be payable for failing to comply with these Terms or the requirements of the relevant order or byelaw. In such circumstances, separate notices specifying the relevant order or byelaw will be displayed in the Parking Bay and we reserve the right to take enforcement action against you (including through court proceedings) for breach of such order or byelaws.
SAFETY AT THE PARKING BAY AREA
For safety reasons you are not entitled to remain at the Parking Bay Area, except for the purposes of parking or removing your truck trailer. After you have parked your truck trailer, you must proceed immediately to the nearest authorised truck parking area, following the recommended route (if any). You must not, in any circumstances, park the vehicle [truck unit] on the site of the Parking Bay.
TICKET TYPES AND PAYMENT METHODS
10.1 You must, depending on the payment methods available and in operation at the specific Parking Bay, pay the parking tariff using one of the following methods (unless you have pre-booked in accordance with clause 10.3):
a) “Pay & Display” – you must purchase a parking ticket from the ticket machines at the Parking Bay Terminal with a credit/debit card, before leaving your truck trailer and ensure that the parking ticket is clearly displayed in the windscreen of your truck trailer; or
b) “Pay By Mobile” – you must register an account and use the “Bosch Secure Truck Parking App” service provided by the relevant service provider in accordance with its terms and conditions (information is available at http://www.bstp.com) and then (upon parking in the Parking Bay and before leaving your truck trailer in the Parking Bay) purchase the amount of time for which you would like to park; or
c) “Pay On Exit” – on arrival at the Parking Bay, we will issue you with a parking ticket. When you are ready to leave the Parking Bay, you must provide us with the ticket issued to you and pay the parking tariff either by credit/debit card or Gateway card; or
d) “Pay On Foot” – you must take a ticket on entry to the Parking Bay. When you leave, you must insert the ticket into the pay on foot machine/exit column and make payment for the time spent as indicated using debit/credit card or Gateway card. The ticket should then be presented on exiting the Parking Bay to evidence proof of payment.
e) “Account-Based Payments” – you must register your contact and payment details online, as applicable (information is available on our website http://www.freightsafe.co). We may recognise your truck trailer’s movements entering and exiting the Parking Bay by ANPR technology and monitoring your truck trailer’s VTRM. This information is used to calculate the parking tariff charges that you owe for a particular parking session. Once you have used the Parking Bay, payment is automatically deducted from your account; or
f) “ANPR Pay After Use” – We recognise your truck trailer’s movements in and out of the Parking Bay by ANPR technology and monitoring your truck trailer’s VTRM. If using this method, you must pay for your parking session online before midnight on the day after you leave the Parking Bay (information is available on our website http://www.freightsafe.co).
10.2 You can Pre-Book your truck parking session for a specific amount of time (the “Booking Period”) at a nominated Parking Bay online at www.freightsafe.co. (or through our corporate partners and affiliates). This method is subject to the Pre-Book terms and conditions available on our website at http://www.freightsafe.co. Upon making the booking, you will receive a unique booking reference number and a booking confirmation (with two codes, one for entry and one for exit). When using the nominated Parking Bay, you must follow the instructions on the booking confirmation issued to you and/or the instructions displayed and in force at the nominated Parking Bay or on our website (www.freightsafe.co). You should be aware that you will be required to pay any additional charge due as a result of your truck trailer’s actual time in the Parking Bay exceeding the Booking Period (and any credit surcharge) by credit/debit card, prior to exiting the Parking Bay.
10.3 If you are a Season Ticket Holder you must comply with the Season Ticket terms and conditions (available on our website at http://www.freightsafe.co) and the following applies, depending on the type of Parking Bay and the operating equipment at the specific Parking Bay:
a) if the Parking Bay has barriers (at entry and exit), you must request an access code from your dispatcher, who will have authorisation to allow your entry and exit;
b) in some Parking Bays, the ANPR technology will automatically recognise your VTRM and register the fact that you are a Season Ticket Holder when you enter and leave the Parking Bay and in such circumstances (depending on the instructions at the specific Parking Bay) you may not need to request access codes from your Dispatcher.
10.4 We reserve the right to use other payment methods from time to time in our Parking Bays and you should check all signs and notices at the Parking Bay for further information about the payment methods available in a specific Parking Bay.
10.5 The parking ticket, coin chip, booking confirmation or season ticket issued to you is only valid for the truck trailer in respect of which it is issued. Neither a parking ticket, a coin chip, booking confirmation, nor season ticket entitles you, unless otherwise specified, to any particular space in the Parking Bay or to priority over other customers. If you decide not to park or are unable to find a space, you should exit the Parking Bay Area with your truck trailer immediately to prevent any parking tariff charges from arising.
10.6 If an Access Code issued to you in accordance with the Pre-Book method is adapted or damaged in any way, it may become invalid. Freightsafe takes no responsibility for the safe keeping of such access codes. In such circumstances, this may result in you being issued with a Parking Charge Notice in accordance with clause 5.2 of these Terms. You can request new Access Codes via the link generated in your booking confirmation.
10.7 If you delay exiting a ticketed Parking Bay once you have paid the fee due for the time parked, you may incur additional charges.
10.8 For the avoidance of doubt, sales or credit card receipts are not parking tickets and will not be accepted as evidence of payment, unless accompanied by a valid parking ticket. Failure to comply with the payment requirements set out in this clause 10, as applicable, will result in a Parking Charge Notice being issued in accordance with clause 5 (Parking Contraventions) of these Terms.
10.9 Subject to our procedures in place from time to time in relation to a failure to pay for parking, we reserve the right to refuse to lift the fixed barrier at the Parking Bay to allow the release of any truck trailer for which payment has not been received in accordance with the appropriate payment method, including (but not limited to) where your credit/debit card has been declined, you have failed to pay by the required time limit, and/or you have failed to produce a valid and current parking ticket, coin chip or season ticket and/or your access code is invalid, as applicable.
10.10 If you cannot produce your parking ticket, coin chip, access code or season ticket (as required and dependent upon the relevant payment method available at the Parking Bay) on leaving the Parking Bay you will be charged the full 24 hourly rate for each 24 hour period or part period during which we determine that your truck trailer has been in the Parking Bay. We may also charge an administration
fee in respect of our time and costs incurred in dealing with any such non-payment.
10.11 An additional charge of £2.50 will be made to cover the cost of replacing any lost chip coin. Should you later locate your lost chip coin you can return it to us and you will be refunded £2.50 by BACS transfer. No refund will be made for any parking tariff payments paid in respect of a lost ticket, access codes, chip coin or season ticket and in no circumstances can any refund be given for parking tariff payments without proof of payment.
11.1 We reserve the right to refuse the admission of any truck trailer to the Parking Bay for any reason whatsoever.
11.2 We reserve the right to move truck trailers within the Parking Bay using whatever method we consider appropriate (even if, as a consequence, damage is caused to your truck trailer) to the extent that is reasonably necessary for the purposes of safety to persons or property, or to avoid obstruction at the Parking Bay. Should you be unable to access your pre-booked Parking Bay due to an event of obstruction, we will provide a credit note in place of the inaccessible booking.
11.3 We additionally reserve the right to use a lawful authority to remove any truck trailer to another reasonably convenient Parking Bay, where the Parking Bay has to be unexpectedly closed permanently or temporarily, either in whole or in part, due to a matter outside of our control, or if the Parking Bay has to be evacuated in an emergency.
11.4 To the extent that it is necessary to do so in the exercise of the rights conferred upon us in this clause 11, we reserve the right to drive or otherwise take our truck trailer onto a public highway. In doing so we will take reasonable care of the truck trailer.
ABANDONED TRUCK TRAILERS
12.1 We are entitled to regard as abandoned any truck trailer left in the Parking Bay for more than 28 days without prior notification and which is not known by us to be covered by a current valid season or other ticket or booking.
12.2 We reserve the rights to engage and/or permit a lawful authority to remove (or where we are unable to identify the current legal registered keeper of the truck trailer, to take steps ourselves to remove) and to dispose of as waste or sell any abandoned truck trailer. Before proceeding with the disposal or sale of abandoned truck trailers we will:
a) refer the matter to the appropriate authorities, which may include the local police and the local driver and vehicle license agency (or equivalent); and
b) affix a notice to the truck trailer at least 7 days before the date on which we propose to remove the truck trailer stating that the truck trailer will be removed and sold when that period expires.
12.3 Abandoned truck trailers will be disposed of as waste or sold by auction. Where sold by us, the proceeds of sale will be applied in and towards satisfaction of all sums owing to us together with the expenses of sale and our reasonable storage and removal costs for the period during which the truck trailer is in our possession.
12.4 Any balance of the sale proceeds remaining after satisfaction of any sums owing will be held by us on behalf of the registered keeper of the truck trailer and paid over on proof of entitlement.
13.1 You must not tow any truck trailer into the Parking Bay except as part of the services offered at the Parking Bay by persons authorised by us and no work on and no cleaning of truck trailers by you, other than with our prior specific permission, is permitted in the Parking Bay. In the event of truck trailer breakdown, you must contact the displayed parties either within the Parking Bay or on your booking confirmation to ensure that your truck trailer removal or repair is organised without causing disruption, damage or danger to any other person or property in
the Parking Bay.
13.2 No activity in connection with the selling, hiring or other disposal of truck trailers or goods or services may be carried out in the Parking Bay without our prior specific written permission.
13.3 You are not allowed to dispose of any items or drop litter in the Parking Bay. Please place any rubbish/litter in the bins that are provided or take it away with you when you leave the Parking Bay.
13.4 You are not allowed to pour petrol, or any other fuel, into your truck trailer whilst it is in the Parking Bay. You are also not allowed to take petrol, or any other fuel, out of your truck trailer whilst it is in the Parking Bay.
13.5 Smoking is forbidden within both the Parking Bay and the immediate vicinity of the Parking Bay.
13.6 Anti-social behaviour will not be accepted at our Parking Bays. This includes (but is not limited to) drinking alcohol, taking or dealing with illegal substances, fighting and/or loitering. Parking Bays are designed for the sole purpose of parking truck trailers. If an individual causes a nuisance or disturbance to others it may be recorded by CCTV cameras and action may be taken against them.
13.7 You should not take photos or carry out any filming within the Parking Bay without our written consent.
THE TERMS AND
These Terms cannot be varied except in writing by our Company Secretary. Nothing said or done by any of our employees is capable of varying these Terms.
LIABILITY AND INSURANCE
15.1 Freightsafe limited will accept responsibility for loss or damage to the truck trailer and cargo at our premises [if caused by our negligence].
15.2 The contractual relationship between Freightsafe limited and each Customer will be governed by a commercial agreement.
15.3 All other users will be required to accept Freightsafe limited STCs before entering a facility.
15.4 The liability regime will be based on the following principles:
15.5 Legal liability for loss or damage to any truck trailer or cargo stowed thereon under the custody or control of Freightsafe limited.
15.6 We do not exclude or limit in any way our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.
15.7 Liability regime [to be negligence-based and] subject to standard exclusions and force majeure.
15.8 Freightsafe carries a General Liability Insurance of EUR 5,000,000 combined limit for bodily injury, property damage and financial loss.
15.9 Loss of profit, business, market, contract and indirect/special/consequential loss exclusion.
15.10 Standard 14 day notice period and 9 month limitation period.
15.11 English law and jurisdiction.
Each of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If you have any queries relating to these Terms, please contact our Customer Services Department at firstname.lastname@example.org.