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Terms and Condition

Terms of Use B2B

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.airsideparking.com .Please read these Terms of Use carefully and ensure that you understand them. [Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site] AND/OR [You will be required to read and accept these Terms of Use when signing up for an Account]. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to the sale of services. Please refer to our Terms of Sale for more information <>.

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings: “Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4; “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; “User” means a user of Our Site; “User Content” means any content submitted to Our Site by Users including, but not limited to, <>; and “We/Us/Our” means <> [, a company registered in England under 02085714404, whose registered address is Unit 7, 142 Johnson Street Southall UB2 5FD. and whose main trading address is] OR [of] Unit 7, 142 Johnson Street Southall UB2 5FD.
  1. Our Site,www.airsideparking.com, is [owned and] operated by Airside Parking  [, a limited company registered in England under 02085714404, whose registered address is Unit 7, 142 Johnson Street Southall UB2 5FD and whose main trading address is] OR [of]  Unit 7, 142 Johnson Street Southall UB2 5FD. [Our VAT number is <<>>.]
  2. [We are regulated by <>.]
  3. [We are a member of British Parking Association.]
  4. [<>.]
  1.  Access to Our Site is free of charge.
  2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
  3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
  1. Certain parts of Our Site (including the ability to purchase services from Us) may require an Account in order to access them.
  2.  You may not create an Account if you are under 18 years of age.
  3. When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
  4. We [require] OR [recommend] that you choose a strong password for your Account, consisting of insert description, e.g. "a combination of lowercase and uppercase letters, numbers, and symbols".  It is your responsibility to keep your password safe.  [You must not share your Account with anyone else.] If you believe your Account is being used without your permission, please contact Us immediately at admin@airsideparking.com.  We will not be liable for any unauthorised use of your Account.
  5. You must not use anyone else’s Account [without the express permission of the User to whom the Account belongs].
  6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 16.
  7. If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access. [Insert a more detailed description of what will happen to a user's data.]
  8. [If you close your Account, any insert User Content, e.g. reviews, comments etc. you have created on Our Site will be [deleted] OR [anonymised by insert description, e.g. "removing your username and avatar"].]
  1. With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content,unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
  2. Subject to sub-Clause[s] 5.3 [and 5.6] you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
  3. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
  4. Download Our Site (or any part of it) for caching;
  5. Print [one copy of any] page(s) from Our Site;
  6. Download extracts from pages on Our Site; and
  7. Save pages from Our Site for later and/or offline viewing.
  8. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
  9. You may not re-use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers.
  10. [Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.]
  1. User Content on Our Site includes (but is not necessarily limited to) <>.
  2. An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
  3. You agree that you will be solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 11.
  4. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
  5. You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
  6. If you wish to remove User Content from Our Site, the User Content in question will be [deleted] OR [anonymised by <>]. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
  7. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
  8. We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

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1.1          You may link to Our Site provided that:

1.1.1     you do so in a fair and legal manner;

1.1.2     you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

1.1.3     you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

1.1.4     you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

1.2          [You may link to any page of Our Site.]

OR
 

1.2          [You may not link to any page other than the homepage of Our Site,www.airsideparking.com.  Deep-linking to other pages requires Our express written permission.  Please contact Us at admin@airsideparking.com for further information.]

1.3          [Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at admin@airsideparking.com for further information.]

1.4          You may not link to Our Site from any other site the main content of which contains material that:

1.4.1     is sexually explicit;

1.4.2     is obscene, deliberately offensive, hateful or otherwise inflammatory;

1.4.3     promotes violence;

1.4.4     promotes or assists in any form of unlawful activity;

1.4.5     discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

1.4.6     is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

1.4.7     is calculated or is otherwise likely to deceive another person;

1.4.8     is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

1.4.9     misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

1.4.10   implies any form of affiliation with Us where none exists;

1.4.11   infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

1.4.12   is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

1.5          [The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.]

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

1.1          Nothing on Our Site constitutes advice on which you should rely.  It is provided for information purposes only.  [Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.]

1.2          Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

1.3          We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning services for sale through Our Site.  Please refer to Our Terms of Sale for more information (insert link to Terms of Sale).

1.4          To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

1.5          If you are a business user, we hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content.  We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

1.6          If you are a consumer user, [please note that Our Site is intended for business use only, however] if, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.

1.7          We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

1.8          Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

1.9          The limitations of liability included in this Clause 9 apply only to the use of Our Site and not to the sale of services, which is governed separately by Our Terms of Sale (insert link to Terms of Sale).

1.1          We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

1.2          You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

1.3          You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

1.4          You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

1.5          You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

1.6          By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

1.1          You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:

1.1.1     you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

1.1.2     you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

1.1.3     you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

1.1.4     you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

1.2          When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

1.2.1     is sexually explicit;

1.2.2     is obscene, deliberately offensive, hateful or otherwise inflammatory;

1.2.3     promotes violence;

1.2.4     promotes or assists in any form of unlawful activity;

1.2.5     discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

1.2.6     is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

1.2.7     is calculated or is otherwise likely to deceive;

1.2.8     is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

1.2.9     misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);

1.2.10   implies any form of affiliation with Us where none exists;

1.2.11   infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

1.2.12   is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

1.3          We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:

1.3.1     suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

1.3.2     remove any User Content submitted by you that violates this Acceptable Usage Policy;

1.3.3     issue you with a written warning;

1.3.4     take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

1.3.5     take further legal action against you as appropriate;

1.3.6     disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

1.3.7     any other actions which We deem reasonably appropriate (and lawful).

1.4          We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from(insert link to Cookie Policy) and (insert link to Privacy Policy).  These policies are incorporated into these Terms of Use by this reference.

1.1          We may alter these Terms of Use at any time.  [If We do so, details of the changes will be highlighted at the top of this page.]  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

1.2          In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwis.

1.1          If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

1.2          We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  [Email marketing options can also be changed in insert location, e.g. your Account preferences.]  If you opt out of receiving emails from us at any time, it may take up to (insert period) business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.

For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at admin@airsideparking.com or via (insert link to e.g. contact page or complaints page)

1.1          Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.

1.2          We may use your personal information to:

1.2.1     Provide and administer your Account;

1.2.2     Reply to any communications you send to Us;

1.2.3     Send you important notices, as detailed in Clause 15;

1.2.4    (insert additional uses as required).

1.3         We will not pass on your personal information to any third parties.

1.1          These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

1.2          If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

1.3          If you are a consumer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

Terms of Use B2C

These Terms and Conditions are the standard terms for the provision of services by Airside Parking Ltd.a [, trading as <>,] [registered in England under number 10351244] [,whose registered address is <> and] whose main trading address is <>.
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: “Business Day” means any day other than a Saturday, Sunday or bank holiday; “Calendar Day” means any day of the year; “Contract” means the contract for the provision of Services, as explained in Clause 3; “Deposit” means an advance payment made to Us under sub-Clause 5.5; “Month” means a calendar month; “Price” means the price payable for the Services; “Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation); “Special Price” means a special offer price payable for Services which We may offer from time to time; “Order” means your order for the Services [as attached] OR [as shown overleaf]; “Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3; “We/Us/Our” means Airside Parking Ltd [, trading as <>,] a <> [registered in England under number 10351244] [,whose registered address is <> and] whose main trading address is <>. 1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, [text message,] fax or other means.
2.1 Airside Parking Ltd [, trading as <>,] is a <> [registered in England under number 10351244] [,whose registered address is <> and] whose main trading address is <>. 2.2 [Our VAT number is <>.] 2.3 [We are regulated by <>.] 2.4 [We are a member of British Parking Association etc.>>.] 2.5 [<>.]
3.1 These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification. 3.2 Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept. 3.3 A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing. 3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction: 3.4.1 The main characteristics of the Services; 3.4.2 Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11); 3.4.3 The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated; 3.4.4 The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services; 3.4.5 Our complaints handling policy; 3.4.6 Where applicable, details of after-sales services and commercial guarantees; 3.4.7 The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract; 3.4.8 [Where applicable, the functionality, including appropriate technical protection measures, of digital content;] 3.4.9 [Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.]
4.1 All Orders for Services made by you will be subject to these Terms and Conditions. 4.2 You may change your Order at any time before We begin providing the Services by contacting Us. [Requests to change Orders do not need to be made in writing.] 4.3 If your Order is changed We will inform you of any change to the Price in writing. 4.4 You may cancel your Order within <> of placing it. If you have already made any payments to Us under Clause 5 (including, but not limited to the Deposit), subject to sub-Clause 5.6, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. [If you request that your Order be cancelled, you must confirm this in writing.] If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 10. 4.5 We may cancel your Order at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible. If you have made any payments to Us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.
5.1 The Price of the Services will be that shown in Our <> in place at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order. 5.2 If We quote a Special Price which is different to the Price shown in Our current <>, the Special Price will be valid for <> or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired. 5.3 Our Prices may change at any time but these changes will not affect Orders that We have already accepted. 5.4 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you. 5.5 Before We begin providing the Services, you will be required to pay a Deposit of <>% of the total Price for the Services. The due date for payment of your Deposit will be included in the Order Confirmation. 5.6 In certain circumstances, if your Order is cancelled, your Deposit will be refunded in full or in part. The amount due will be calculated based upon the Price for the Services, Our <>, and the amount of work (if any) already undertaken by Us. Please refer to sub-Clauses 4.4 and 4.5 if your Order is cancelled before the Services begin, or to Clause 10 if the Services are cancelled after they have begun. 5.7 The balance of the Price will be payable [once We have provided the Services] OR [on a <> basis in [advance] OR [arrears] during the provision of the Services]. 5.8 We accept the following methods of payment: 5.8.1 Paypal; 5.8.2 Worldpay; 5.8.3 VISA 5.8.4 Mastercard; 5.8.5 JCB. 5.9 [Credit and/or debit cards will be charged <>.] 5.10 If you do not make payment to Us by the due date [as shown in/on <>] We may charge you interest on the overdue sum at the rate of <>% per annum above the base lending rate of <> from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum. 5.11 The provisions of sub-Clause 5.10 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
6.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the <> [market] OR [sector] OR [industry], and in accordance with any information provided by Us about the Services and about Us. 6.2 We will begin providing the Services on the date confirmed in Our Order Confirmation. 6.3 We will continue providing the Services for [a period] OR [an approximate period] of <>. 6.4 We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 9 for events outside of Our control. 6.5 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. [Examples of what we may require include: <>.] 6.6 If the information or action required of you under sub-Clause 6.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work. 6.7 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.5, We may suspend the Services (and will inform you of that suspension in writing). 6.8 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services. 6.9 If the Services are suspended under sub-Clauses 6.7 or 6.8, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s). 6.10 If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing. This does not affect Our right to charge you interest under sub-Clause 5.10.
7.1 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible [(you do not need to contact Us in writing)]. 7.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical. [In emergency situations, such as those where vulnerable people living in your property may be affected, We will use reasonable efforts to remedy problems within 24 hours.] 7.3 We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.6 will apply and We may charge you for remedial work. 7.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.
8.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. 8.2 We provide Services for domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind [(including resale)]. By making your Order, you agree that you will not use the Services for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity. 8.3 [If We are providing Services in your property and We cause any damage, We will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property that We may discover while providing the Services.] 8.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation. 8.5 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us. 8.6 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
9.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control. 9.2 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions: 9.2.1 We will inform you as soon as is reasonably possible; 9.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly; 9.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary; 9.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice; 9.2.5 If the event outside of Our control continues for more than <> weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 10.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.
10.1 If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 4.4. 10.2 Once We have begun providing the Services, you are free to cancel the Services and the Contract at any time by giving Us <> written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. 10.3 If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. If you cancel because of Our breach under sub-Clause 10.3.1, you will not be required to make any payments to Us. You will not be required to give <> notice in these circumstances: 10.3.1 We have breached the Contract in any material way and have failed to remedy that breach within <> of you asking Us to do so in writing; or 10.3.2 We enter into liquidation or have an administrator or receiver appointed over Our assets; or 10.3.3 We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 9.2.4); or 10.3.4 We change these Terms and Conditions to your material disadvantage. 10.4 We may cancel your Order for the Services before the Services begin under sub-Clause 4.5. 10.5 Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving you <> written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. 10.6 If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. We will not be required to give <> notice in these circumstances: 10.6.1 You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.10); or 10.6.2 You have breached the Contract in any material way and have failed to remedy that breach within <> of Us asking you to do so in writing; or 10.6.3 We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 9.2.5). 10.7 For the purposes of this Clause 10 (and in particular, sub-Clauses 10.3.1 and 10.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 10.3.1 and Us under sub-Clause 10.6.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
11.1 If you wish to contact Us, you may do so by telephone at 02085714404 or by email at admin@airsideparking.com. 11.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods: 11.2.1 Contact Us by email at admin@airsideparking.com; or 11.2.2 Contact Us by pre-paid post at Airside Parking Ltd, Unit 7, 142 Johnson Street Southall UB2 5FD.

12.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. 12.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from Location. 12.3 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways: 12.3.1 [In writing, addressed to insert name and/or position and/or department , Unit 7, 142 Johnson Street, London UB2 5FD;] 12.3.2 [By email, addressed to insert name and/or position and/or department , admin@airsideparking.com;] 12.3.3 [Using Our complaints form, following the instructions included with the form;] 12.3.4 [By contacting Us by telephone on insert telephone number [and choosing option  02085714404 when prompted.]]

13.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. 13.2 We may use your personal information to: 13.2.1 Provide Our Services to you. 13.2.2 Process your payment for the Services. 13.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time. 13.2.4 In certain circumstances (if, for example, you wish to pay for the Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly. 13.2.5 We will not pass on your personal information to any other third parties [without first obtaining your express permission].
14.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them. 14.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission. 14.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. 14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable. 14.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
15.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law. 15.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

Std Scv T&Cs B2B

Airside Parking Ltd (the “Service Provider”) provides <> services to business clients. The Service Provider has reasonable skill, knowledge and experience in that field. These Terms and Conditions shall apply to the provision of services by the Service Provider to its clients.
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: “Agreement” means the agreement entered into by the Service Provider and the Client incorporating these Terms and Conditions (or variation thereof agreed upon by both Parties) which shall govern provision of the Services; “Business Day” means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business inUnit 7, 142 Johnson Street Southall UB2 5FD; “Client” means the party procuring the Services from the Service Provider who shall be identified in the Agreement; “Commencement Date” means the date on which provision of the Services will commence, as defined in the Agreement; “Confidential Information” means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with the Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such); “Fees” means any and all sums due under the Agreement from the Client to the Service Provider, as specified in the Agreement; “Services” means the services to be provided by the Service Provider to the Client in accordance with Clause 2 of the Agreement, as fully defined in the Agreement, and subject to the terms and conditions of the Agreement; and “Term” means the term of the Agreement as defined therein. 1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to: 1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means; 1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time; 1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time; 1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions or to a Clause of the Agreement, as appropriate; and 1.2.5 a "Party" or the "Parties" refer to the parties to the Agreement. 1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions. 1.4 Words imparting the singular number shall include the plural and vice versa. 1.5 References to any gender shall include the other gender. 1.6 References to persons shall include corporations.
2.1 With effect from the Commencement Date, the Service Provider shall, throughout the Term of the Agreement, provide the Services to the Client. 2.2 The Service Provider shall provide the Services with reasonable skill and care, commensurate with prevailing standards in the <> sector in the United Kingdom. 2.3 The Service Provider shall act in accordance with all reasonable instructions given to it by the Client provided such instructions are compatible with the specification of Services provided in the Agreement. 2.4 The Service Provider shall be responsible for ensuring that it complies with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services. 2.5 [The Service Provider may, in relation to certain specified matters related to the Services, act on the Client’s behalf. Such matters shall not be set out in the Agreement but shall be agreed between the Parties as they arise from time to time.] 2.6 [The Service Provider shall use all reasonable endeavours to accommodate any reasonable changes in the Services that may be requested by the Client, subject to the Client’s acceptance of any related reasonable changes to the Fees that may be due as a result of such changes.]
3.1 The Client shall use all reasonable endeavours to provide all pertinent information to the Service Provider that is necessary for the Service Provider’s provision of the Services. 3.2 The Client may, from time to time, issue reasonable instructions to the Service Provider in relation to the Service Provider’s provision of the Services. Any such instructions should be compatible with the specification of the Services provided in the Agreement. 3.3 In the event that the Service Provider requires the decision, approval, consent or any other communication from the Client in order to continue with the provision of the Services or any part thereof at any time, the Client shall provide the same in a reasonable and timely manner. 3.4 If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, it shall be the Client’s responsibility to obtain the same in advance of the provision of the Services (or the relevant part thereof). 3.5 If the nature of the Services requires that the Service Provider has access to the Client’s home or any other location, access to which is lawfully controlled by the Client, the Client shall ensure that the Service Provider has access to the same at the times to be agreed between the Service Provider and the Client as required. 3.6 Any delay in the provision of the Services resulting from the Client’s failure or delay in complying with any of the provisions of Clause 3 of the Agreement shall not be the responsibility or fault of the Service Provider.
4.1 The Client shall pay the Fees to the Service Provider in accordance with the provisions of the Agreement. 4.2 The Service Provider shall invoice the Client for Fees due in accordance with the provisions of the Agreement. 4.3 All payments required to be made pursuant to the Agreement by either Party shall be made within <> Business Days of receipt by that Party of the relevant invoice. 4.4 All payments required to be made pursuant to the Agreement by either Party shall be made in <> in cleared funds to such bank in <> as the receiving Party may from time to time nominate [, without any set-off, withholding or deduction except such amount (if any) of tax as that Party is required to deduct or withhold by law.] 4.5 Where any payment pursuant to the Agreement is required to be made on a day that is not a Business Day, it may be made on the next following Business Day. 4.6 Without prejudice to sub-Clause 9.4.1 of the Agreement, any sums which remain unpaid following the expiry of the period set out in sub-Clause 4.3 of the Agreement shall incur interest on a daily basis at <>% above the base rate of <> from time to time until payment is made in full of any such outstanding sums. 4.7 Each Party shall: 4.7.1 keep, or procure that there are kept, such records and books of account as are necessary to enable the amount of any sums payable pursuant to the Agreement to be accurately calculated; 4.7.2 at the reasonable request of the other Party, allow that Party or its agent to inspect those records and books of account and, to the extent that they relate to the calculation of those sums, to take copies of them; and 4.7.3 within <> after the end of each <>, obtain at its own expense and supply to the other Party an auditors’ certificate as to the accuracy of the sums paid by that Party pursuant to the Agreement during that <>.
5.1 The Service Provider shall ensure that it has in place at all times suitable and valid insurance that shall include public liability insurance. 5.2 In the event that the Service Provider fails to perform the Services with reasonable care and skill it shall carry out any and all necessary remedial action at no additional cost to the Client. 5.3 The Service Provider’s total liability for any loss or damage caused as a result of its negligence or breach of the Agreement shall be limited to the sum defined therein. 5.4 The Service Provider shall not be liable for any loss or damage suffered by the Client that results from the Client’s failure to follow any instructions given by the Service Provider. 5.5 Nothing in these Terms and Conditions nor in the Agreement shall limit or exclude the Service Provider’s liability for death or personal injury. 5.6 Subject to sub-Clause 5.3 of the Agreement the Service Provider shall indemnify the Client against any costs, liability, damages, loss, claims or proceedings arising out of the Service Provider’s breach of the Agreement. 5.7 The Client shall indemnify the Service Provider against any costs, liability, damages, loss, claims or proceedings arising from loss or damage to any equipment (including that belonging to any third parties appointed by the Service Provider) caused by the Client or its agents or employees. 5.8 Neither Party shall be liable to the other or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of that Party’s obligations if the delay or failure is due to any cause beyond that Party’s reasonable control.
6.1 The Service Provider shall guarantee that the product of all Services provided will be free from any and all defects for a period that shall be defined in the Agreement. 6.2 If any defects in the product of the Services appear during the guarantee period set out in the Agreement the Service Provider shall rectify any and all such defects at no cost to the Client
7.1 Each Party undertakes that, except as provided by sub-Clause 7.2 of the Agreement or as authorised in writing by the other Party, it shall, at all times during the continuance of the Agreement and [for <> years] after its termination: 7.1.1 keep confidential all Confidential Information; 7.1.2 not disclose any Confidential Information to any other party; 7.1.3 not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of the Agreement; 7.1.4 not make any copies of, record in any way or part with possession of any Confidential Information; and 7.1.5 ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 7.1.1 to 7.1.4 of the Agreement. 7.2 Either Party may: 7.2.1 disclose any Confidential Information to: 7.2.1.1 any sub-contractor or supplier of that Party; 7.2.1.2 any governmental or other authority or regulatory body; or 7.2.1.3 any employee or officer of that Party or of any of the aforementioned persons, parties or bodies; to such extent only as is necessary for the purposes contemplated by the Agreement (including, but not limited to, the provision of the Services), or as required by law. In each case that Party shall first inform the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body under sub-Clause 7.2.1.2 or any employee or officer of any such body) obtaining and submitting to the other Party a written confidentiality undertaking from the party in question. Such undertaking should be as nearly as practicable in the terms of Clause 7 of the Agreement, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and 7.2.2 use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of the Agreement, or at any time after that date becomes, public knowledge through no fault of that Party. In making such use or disclosure, that Party must not disclose any part of the Confidential Information that is not public knowledge. 7.3 The provisions of Clause 7 of the Agreement shall continue in force in accordance with their terms, notwithstanding the termination of the Agreement for any reason.
8.1 No Party to the Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question. 8.2 [In the event that a Party to the Agreement cannot perform their obligations hereunder as a result of force majeure for a continuous period to be defined in the Agreement, the other Party may at its discretion terminate the Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all Services provided up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of the Agreement.]
9.1 The Agreement shall come into force on the agreed Commencement Date and shall continue for a defined Term from that date, subject to the provisions of Clause 9 of the Agreement. 9.2 Either Party shall have the right, subject to the agreement and consent of the other Party and exercisable by giving not less than <> written notice to the other at any time prior to the expiry of the Term specified in sub-Clause 9.1 of the Agreement (or any further period for which the Agreement is extended) to extend the Agreement for a further period of <>. 9.3 Either Party may terminate the Agreement by giving to the other not less than <> written notice, to expire on or at any time after the minimum term of the Agreement (which shall be defined in the Agreement). 9.4 Either Party may immediately terminate the Agreement by giving written notice to the other Party if: 9.4.1 any sum owing to that Party by the other Party under any of the provisions of the Agreement is not paid within <> Business Days of the due date for payment; 9.4.2 the other Party commits any other breach of any of the provisions of the Agreement and, if the breach is capable of remedy, fails to remedy it within <> Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied; 9.4.3 an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party; 9.4.4 the other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986); 9.4.5 the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other Party under the Agreement); 9.4.6 anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party; 9.4.7 the other Party ceases, or threatens to cease, to carry on business; or 9.4.8 control of the other Party is acquired by any person or connected persons not having control of that other Party on the date of the Agreement. For the purposes of Clause 9, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010. 9.5 For the purposes of sub-Clause 9.4.2, a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects. 9.6 The rights to terminate the Agreement shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.
Upon the termination of the Agreement for any reason: 10.1 any sum owing by either Party to the other under any of the provisions of the Agreement shall become immediately due and payable; 10.2 all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect; 10.3 termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of the Agreement which existed at or before the date of termination; 10.4 subject as provided in Clause 10 of the Agreement and except in respect of any accrued rights neither Party shall be under any further obligation to the other; and 10.5 each Party shall (except to the extent referred to in Clause 7 of the Agreement) immediately cease to use, either directly or indirectly, any Confidential Information, and shall immediately return to the other Party any documents in its possession or control which contain or record any Confidential Information.
No failure or delay by either Party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of the Agreement into full force and effect.
Subject to any provisions to the contrary each Party shall pay its own costs of and incidental to the negotiation, preparation, execution and carrying into effect of the Agreement.
Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under the Agreement or any other agreement at any time.
15.1 [Subject to sub-Clause 15.2] The Agreement shall be personal to the Parties. Neither Party may assign, mortgage, charge (otherwise than by floating charge) or sub-licence or otherwise delegate any of its rights thereunder, or sub-contract or otherwise delegate any of its obligations thereunder without the written consent of the other Party, such consent not to be unreasonably withheld. 15.2 [The Service Provider shall be entitled to perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor shall, for the purposes of the Agreement, be deemed to be an act or omission of the Service Provider.]
16.1 [All times and dates referred to in the Agreement shall be of the essence of the Agreement.] OR 16.2 [The times and dates referred to in the Agreement shall be for guidance only and shall not be of the essence of the Agreement and may be varied by mutual agreement between the Parties.]
Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Agreement
18.1 Neither Party shall, for the Term of the Agreement and for a defined period (which shall be defined in the Agreement) after its termination or expiry, employ or contract the services of any person who is or was employed or otherwise engaged by the other Party at any time in relation to the Agreement [without the express written consent of that Party]. 18.2 Neither Party shall, for the Term of the Agreement and for a defined period (which shall be defined in the Agreement) after its termination or expiry, solicit or entice away from the other Party any customer or client where any such solicitation or enticement would cause damage to the business of that Party [without the express written consent of that Party].
19.1 No part of the Agreement shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement. 19.2 Subject to Clause 19 of the Agreement, the Agreement shall continue and be binding on the transferee, successors and assigns of either Party as required
20.1 All notices under the Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice. 20.2 Notices shall be deemed to have been duly given: 20.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or 20.2.2 when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or 20.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or 20.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid. In each case notices shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party
21.1 The Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties. 21.2 Each Party shall acknowledge that, in entering into the Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
The Agreement may be entered into in any number of counterparts and by the Parties to it on separate counterparts each of which when so executed and delivered shall be an original, but all the counterparts together shall constitute one and the same instrument.
In the event that one or more of the provisions of the Agreement and/or of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement and/or these Terms and Conditions. The remainder of the Agreement and/or these Terms and Conditions shall be valid and enforceable.
24.1 The Parties shall attempt to resolve any dispute arising out of or relating to the Agreement through negotiations between their appointed representatives who have the authority to settle such disputes. 24.2 [If negotiations under sub-Clause 24.1 of the Agreement do not resolve the matter within <> of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure.] 24.3 [If the ADR procedure under sub-Clause 24.2 of the Agreement does not resolve the matter within <> of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party. 24.4 The seat of the arbitration under sub-Clause 24.3 of the Agreement shall be England and Wales. The arbitration shall be governed by the Arbitration Act 1996 and Rules for Arbitration as agreed between the Parties. In the event that the Parties are unable to agree on the arbitrator(s) or the Rules for Arbitration, either Party may, upon giving written notice to the other Party, apply to the President or Deputy President for the time being of the Chartered Institute of Arbitrators for the appointment of an arbitrator or arbitrators and for any decision on rules that may be required.] 24.5 Nothing in Clause 24 of the Agreement shall prohibit either Party or its affiliates from applying to a court for interim injunctive relief. 24.6 The decision and outcome of the final method of dispute resolution under Clause 24 of the Agreement shall [not] be final and binding on both Parties.
25.1 The Agreement and these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales. 25.2 Subject to the provisions of Clause 24 of the Agreement, any dispute, controversy, proceedings or claim between the Parties relating to the Agreement or these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

Std Scv T&Cs B2C

These Terms and Conditions are the standard terms for the provision of services by Airside Parking Ltd [, trading as <>,] a Airside Parking [registered in England under number 10351244] [,whose registered address is Unit 7, 142 Johnson Street Southall UB2 5FDand] whose main trading address is <>.
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: “Business Day” means any day other than a Saturday, Sunday or bank holiday; “Calendar Day” means any day of the year; “Contract” means the contract for the provision of Services, as explained in Clause 3; “Deposit” means an advance payment made to Us under sub-Clause 5.5; “Month” means a calendar month; “Price” means the price payable for the Services; “Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation); “Special Price” means a special offer price payable for Services which We may offer from time to time; “Order” means your order for the Services [as attached] OR [as shown overleaf]; “Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3; “We/Us/Our” means Airside Parking Ltd[, trading as <>,] a Airside Parking Ltd[registered in England under number 10351244] [,whose registered address is Unit 7, 142 Johnson Street Southall UB2 5FD and] whose main trading address is <>. 1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, [text message,] fax or other means.
2.1 Airside Parking Ltd [, trading as <>,] is a Airside Parking Ltd[registered in England under number 10351244] [,whose registered address is Unit 7, 142 Johnson Street Southall UB2 5FD and] whose main trading address is <>. 2.2 [Our VAT number is <>.] 2.3 [We are regulated by <>.] 2.4 [We are a member of <>.] 2.5 [<>.]
3.1 These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification. 3.2 Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept. 3.3 A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing. 3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction: 3.4.1 The main characteristics of the Services; 3.4.2 Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11); 3.4.3 The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated; 3.4.4 The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services; 3.4.5 Our complaints handling policy; 3.4.6 Where applicable, details of after-sales services and commercial guarantees; 3.4.7 The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract; 3.4.8 [Where applicable, the functionality, including appropriate technical protection measures, of digital content;] 3.4.9 [Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.]
4.1 All Orders for Services made by you will be subject to these Terms and Conditions. 4.2 You may change your Order at any time before We begin providing the Services by contacting Us. [Requests to change Orders do not need to be made in writing.] 4.3 If your Order is changed We will inform you of any change to the Price in writing. 4.4 You may cancel your Order within <> of placing it. If you have already made any payments to Us under Clause 5 (including, but not limited to the Deposit), subject to sub-Clause 5.6, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. [If you request that your Order be cancelled, you must confirm this in writing.] If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 10. 4.5 We may cancel your Order at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible. If you have made any payments to Us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.
5.1 The Price of the Services will be that shown in Our <> in place at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order. 5.2 If We quote a Special Price which is different to the Price shown in Our current <>, the Special Price will be valid for <> or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired. 5.3 Our Prices may change at any time but these changes will not affect Orders that We have already accepted. 5.4 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you. 5.5 Before We begin providing the Services, you will be required to pay a Deposit of <>% of the total Price for the Services. The due date for payment of your Deposit will be included in the Order Confirmation. 5.6 In certain circumstances, if your Order is cancelled, your Deposit will be refunded in full or in part. The amount due will be calculated based upon the Price for the Services, Our <>, and the amount of work (if any) already undertaken by Us. Please refer to sub-Clauses 4.4 and 4.5 if your Order is cancelled before the Services begin, or to Clause 10 if the Services are cancelled after they have begun. 5.7 The balance of the Price will be payable [once We have provided the Services] OR [on a <> basis in [advance] OR [arrears] during the provision of the Services]. 5.8 We accept the following methods of payment: 5.8.1 <>; 5.8.2 <>; 5.8.3 <>; 5.8.4 <>; 5.8.5 <>. 5.9 [Credit and/or debit cards will be charged <>.] 5.10 If you do not make payment to Us by the due date [as shown in/on <>] We may charge you interest on the overdue sum at the rate of <>% per annum above the base lending rate of <> from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum. 5.11 The provisions of sub-Clause 5.10 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
6.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the <> [market] OR [sector] OR [industry], and in accordance with any information provided by Us about the Services and about Us. 6.2 We will begin providing the Services on the date confirmed in Our Order Confirmation. 6.3 We will continue providing the Services for [a period] OR [an approximate period] of <>. 6.4 We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 9 for events outside of Our control. 6.5 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. [Examples of what we may require include: <>.] 6.6 If the information or action required of you under sub-Clause 6.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work. 6.7 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.5, We may suspend the Services (and will inform you of that suspension in writing). 6.8 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services. 6.9 If the Services are suspended under sub-Clauses 6.7 or 6.8, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s). 6.10 If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing. This does not affect Our right to charge you interest under sub-Clause 5.10.
7.1 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible [(you do not need to contact Us in writing)]. 7.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical. [In emergency situations, such as those where vulnerable people living in your property may be affected, We will use reasonable efforts to remedy problems within 24 hours.] 7.3 We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.6 will apply and We may charge you for remedial work. 7.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described
8.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. 8.2 We provide Services for domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind [(including resale)]. By making your Order, you agree that you will not use the Services for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity. 8.3 [If We are providing Services in your property and We cause any damage, We will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property that We may discover while providing the Services.] 8.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation. 8.5 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us. 8.6 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
9.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control. 9.2 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions: 9.2.1 We will inform you as soon as is reasonably possible; 9.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly; 9.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary; 9.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice; 9.2.5 If the event outside of Our control continues for more than <> weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 10.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.
10.1 If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 4.4. 10.2 Once We have begun providing the Services, you are free to cancel the Services and the Contract at any time by giving Us <> written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. 10.3 If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. If you cancel because of Our breach under sub-Clause 10.3.1, you will not be required to make any payments to Us. You will not be required to give <> notice in these circumstances: 10.3.1 We have breached the Contract in any material way and have failed to remedy that breach within <> of you asking Us to do so in writing; or 10.3.2 We enter into liquidation or have an administrator or receiver appointed over Our assets; or 10.3.3 We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 9.2.4); or 10.3.4 We change these Terms and Conditions to your material disadvantage. 10.4 We may cancel your Order for the Services before the Services begin under sub-Clause 4.5. 10.5 Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving you <> written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. 10.6 If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. We will not be required to give <> notice in these circumstances: 10.6.1 You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.10); or 10.6.2 You have breached the Contract in any material way and have failed to remedy that breach within <> of Us asking you to do so in writing; or 10.6.3 We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 9.2.5). 10.7 For the purposes of this Clause 10 (and in particular, sub-Clauses 10.3.1 and 10.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 10.3.1 and Us under sub-Clause 10.6.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
11.1 If you wish to contact Us, you may do so by telephone at 02085714404 or by email at admin@airsideparking.com 11.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods: 11.2.1 Contact Us by email at admin@airsideparking.com ; or 11.2.2 Contact Us by pre-paid post at Airside Parking Ltd, Unit 7, 142 Johnson Street Southall UB2 5FD.
12.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. 12.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from <>. 12.3 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways: 12.3.1 [In writing, addressed to <>, Unit 7, 142 Johnson Street Southall UB2 5FD;] 12.3.2 [By email, addressed to <>, admin@airsideparking.com ;] 12.3.3 [Using Our complaints form, following the instructions included with the form;] 12.3.4 [By contacting Us by telephone on 02085714404 [and choosing option <> when prompted.]]
13.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. 13.2 We may use your personal information to: 13.2.1 Provide Our Services to you. 13.2.2 Process your payment for the Services. 13.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time. 13.2.4 In certain circumstances (if, for example, you wish to pay for the Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly. 13.2.5 We will not pass on your personal information to any other third parties [without first obtaining your express permission].
14.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them. 14.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission. 14.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. 14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable. 14.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
15.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law. 15.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

Terms of Sale

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Services are sold and provided by Us through this website, https://airsideparking.com/ (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site. You will be required to read and accept these Terms of Sale when ordering Services. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings: “Contract” means a contract for the purchase and sale of Services, as explained in Clause 8; “Order” means your order for the Services; “Order Confirmation” means our acceptance and confirmation of your Order; “Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation); and “We/Us/Our” means Airside Parking [, a company registered in England under 10351244, whose registered address is Unit 7, 142 Johnson Street Southall UB2 5FD and whose main trading address is] OR [of] <>.
2.1 Our Site,https://airsideparking.com/, is [owned and] operated by Airside Parking Ltd [, a limited company registered in England under 10351244, whose registered address is Unit 7, 142 Johnson Street Southall UB2 5FD and whose main trading address is] OR [of] <>. [Our VAT number is <>.] 2.2 [We are regulated by <>.] 2.3 [We are a member of <>.] 2.4 [<>.]
3.1 Access to Our Site is free of charge. 3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site. 3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period. 3.4 Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.
4.1 Consumers may only purchase Services through Our Site if they are at least 18 years of age. 4.2 [[None of the Services on Our Site may be purchased by anyone under <> years of age] OR 4.2 [The following Services may only be purchased by consumers above a certain age. We are not permitted by law to supply these Services to anyone below the applicable age: 4.2.1 <>; 4.2.2 <>.]]
These Terms of Sale do not apply to customers purchasing Services in the course of business. [If you are a business customer, please consult our Business Terms of Sale <>.]
Our Services are available to UK customers only. We do not currently accept orders for Services from customers based outside of the UK.
7.1 We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances. 7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether. 7.3 Where appropriate, you may be required to select the required <> Services. 7.4 We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are [not] provided on Our Site [however, such indications may not take into account orders that have been placed by other customers during your visit to Our Site]. 7.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. [All pricing information is reviewed and updated every <>.] Changes in price will not affect any Order that you have already placed (please note sub-Clause 7.8 regarding VAT, however). All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within <>, We will treat your Order as cancelled and notify you of the same in writing. 7.6 In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order. 7.7 All prices on Our Site include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
8.1 Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it. 8.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”). 8.3 Order Confirmations shall contain the following information: 8.3.1 Confirmation of the Services ordered including full details of the main characteristics of those Services; 8.3.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes and other additional charges; 8.3.3 <>. 8.4 [We can also provide a paper copy of the Order Confirmation on request]. 8.5 If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within <>. 8.6 You may change your Order at any time before We begin providing the Services by contacting Us [or by <>]. 8.7 If you change your Order, We will confirm all agreed changes in writing. 8.8 If you change your mind, you may cancel your Order or the Contract before or after We begin providing the Services subject to these Terms of Sale. For details of your cancellation rights, please refer to Clauses 11 and 12. 8.9 We may cancel your Order at any time before We begin providing the Services in the following circumstances: 8.9.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or 8.9.2 An event outside of Our control continues for more than <> (please refer to Clause 16 for events outside of Our control). 8.10 If We cancel your Order under sub-Clause 8.9 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within <>. If We cancel your Order, you will be informed by <> and the cancellation will be confirmed in writing by <>. 8.11 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Services [unless you specifically request that We make a refund using a different method].
9.1 Payment for the Services [will be due in the form of an advance payment of <>% of the total price for the Services and We will invoice you for the remaining sums due on or after the completion of the Services] OR [will not be due until the Services are complete at which point We will invoice you for the sums due] OR [<>]. Price and payment details will be confirmed in the Order Confirmation. Your chosen payment method will be charged as indicated. 9.2 We accept the following methods of payment on Our Site: 9.2.1 <>; 9.2.2 <>; 9.2.3 <>; 9.2.4 <>; 9.3 [We do not charge any additional fees for any of the payment methods listed in sub-Clause 9.2] OR [We add a <>% surcharge for the use of credit cards.] 9.4 If you do not make any payment to Us by the due date [as shown in/on <>] We may charge you interest on the overdue sum at the rate of <>% per annum above the base lending rate of <> from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum. 9.5 The provisions of sub-Clause 9.4 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
10.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the <> [market] OR [sector] OR [industry], and in accordance with any information provided by Us about the Services and about Us. We will begin providing the Services on the date agreed when you make your Order (which We shall confirm in the Order Confirmation). Please note that if you request that the Services begin within the legal 14 calendar day cancellation (or “cooling off”) period, your right to cancel may be limited or lost. Please refer to Clauses 11 and 12 for more details on your cancellation rights, including the cooling off period. We will use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice. 10.2 We will continue providing the Services [for a period of <>] OR [until the estimated completion date set out in the Order Confirmation]. 10.3 We will make every reasonable effort to provide the Services in a timely manner [and to complete them on time]. We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 16 for events outside of Our control. 10.4 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the nature of the Services you have ordered, We may require information or action such as <>. 10.5 If the information you provide or the action you take under sub-Clause 10.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable additional sum for that work. 10.6 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 10.4, We may suspend the Services (and will inform you of that suspension by <>). 10.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency that requires immediate action We will inform you in advance by <> before suspending or interrupting the Services. 10.8 If the Services are suspended or interrupted under sub-Clauses 10.6, or 10.7 you will not be required to pay for them during the period of suspension. You must, however, pay any sums that may already be due by the appropriate due date(s). 10.9 If you do not pay Us for the Services as required by Clause 9, We may suspend the Services until you have paid any and all outstanding sums due. If this happens, we will inform you by <>. This does not affect Our right to charge you interest on any overdue sums under sub-Clause 9.4.
11.1 If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is accepted and We have sent you an Order Confirmation, i.e. when the Contract between you and Us is formed. The period ends at the end of 14 calendar days after that date. 11.2 If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision within the cooling off period. You may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site https://airsideparking.com/ and will include [a link to] it with the Order Confirmation. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details: 11.2.1 Telephone: 02085714404 11.2.2 Email: admin@airsideparking.com 11.2.3 Post: Unit 7, 142 Johnson Street Southall UB2 5FD 11.3 [We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.] 11.4 As specified in sub-Clause 10.1, if the Services are to begin within the cooling off period you are required to make an express request to that effect. [This request forms a normal part of the order process.] By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following: 11.4.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete. 11.4.2 If you cancel after provision of the Services has begun but is not yet complete you will still be required to pay for the Services provided up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within <> and in any event no later than 14 calendar days after you inform Us that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services [unless you specifically request that We make a refund using a different method].
12.1 Cancellation of Contracts after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration. Details of the relevant duration, cancellation provisions and minimum notice periods will be provided <> and confirmed in Our Order Confirmation. 12.2 If you wish to cancel under this Clause 12, you must inform Us of your decision to do so. You may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site https://airsideparking.com/ and will include [a link to] it with the Order Confirmation. If you would prefer to contact Us directly, please use the following details: 12.2.1 Telephone: 10351244 12.2.2 Email: admin@airsideparking.com 12.2.3 Post: Unit 7, 142 Johnson Street Southall UB2 5FD 12.3 [We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.] 12.4 You may be entitled to cancel immediately by giving Us written notice in the following circumstances: 12.4.1 We breach the Contract in a material way and fail to remedy the breach within <> of you asking Us to do so in writing; or 12.4.2 We go into liquidation or have a receiver or administrator appointed over Our assets; or 12.4.3 We change these Terms of Sale to your material disadvantage; or 12.4.4 We are adversely affected by an event outside of Our control [that continues for more than <>] (as under sub-Clause 16.2.5). 12.5 Eligibility for refunds may vary according to the Services ordered. You will be required to pay for Services supplied up until the point at which you inform Us that you wish to cancel (please note that this may include charges for preparatory work that We have undertaken where We have reasonably incurred costs). Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums. Details of the relevant terms will be provided <> and confirmed in Our Order Confirmation. If you are cancelling due to Our failure to comply with these Terms of Sale or the Contract, you will not be required to make any payment to Us (unless such failure is due to an event outside of Our control or is due to your failure to comply with any of your obligations). 12.6 Refunds under this Clause 12 will be issued to you within <> and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services [unless you specifically request that We make a refund using a different method].
14.1 We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via gmail admin@airsideparking.com and telphone- 02085714404. 14.2 We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical. [In emergency situations, such as those where vulnerable people may be affected, We will use reasonable endeavours to remedy problems within 24 hours.] 14.3 We will not charge you for remedying problems under this Clause 14 where the problems have been caused by Us, any of Our agents or sub-contractors, or where nobody is at fault. If We determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 10.5 will apply and We may charge you for the remedial work. 14.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you [unless you request an alternative method]. In addition to your legal rights relating directly to the Services, you also have remedies if We use materials that are faulty or incorrectly described.
15.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. 15.2 We provide Services for domestic and private use or purposes. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind [(including resale)]. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity. 15.3 [If We are providing Services in your property and We cause any damage, We will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property that We may discover while providing the Services.] 15.4 Nothing in these Terms of Sale seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation. 15.5 Nothing in these Terms of Sale seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us. 15.6 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control. 16.1 If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale: 16.1.1 We will inform you as soon as is reasonably possible; 16.1.2 Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly; 16.1.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary; 16.1.4 If the event outside of Our control continues for more than <> We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation; 16.1.5 If an event outside of Our control occurs [and continues for more than <>] and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site https://airsideparking.com/. If you would prefer to contact Us directly to cancel, please use the following details: Telephone: 02085714404; Email: admin@airsideparking.com; Post: Unit 7, 142 Johnson Street Southall UB2 5FD; In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.
17.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 02085714404, by email at admin@airsideparking.com, or by post at Unit 7, 142 Johnson Street Southall UB2 5FD. 17.2 For matters relating to Our Services or your Order, please contact Us by telephone at 02085714404, by email at admin@airsideparking.com, or by post at Unit 7, 142 Johnson Street Southall UB2 5FD. 17.3 For matters relating to cancellations, please contact Us by telephone at 02085714404, by email at admin@airsideparking.com, or by post at Unit 7, 142 Johnson Street Southall UB2 5FD.
18.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. 18.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from <> and <> respectively. 18.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways: 18.3.1 [In writing, addressed to <>, <>;] 18.3.2 [By email, addressed to <> at admin@airsideparking.com;] 18.3.3 [Using Our complaints form, following the instructions included with the form;] 18.3.4 [By contacting Us by telephone on 02085714404 [and choosing option 02085714404 when prompted.]]
19.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. 19.2 We may use your personal information to: 19.2.1 Provide Our services to you; 19.2.2 Process your Order (including payment) for the Services; and 19.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that we stop sending you this information at any time. 19.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly. 19.4 We will not pass on your personal information to any third parties [without first obtaining your express permission].
20.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them. 20.2 You may not transfer (assign) your [other] obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission. 20.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. 20.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable. 20.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision. 20.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale at any time, We will give you at least <> written notice of the changes before they come into effect. If you wish to cancel the Contract as a result, please refer to sub-Clause 12.4.
21.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law. 21.2 If you are a consumer, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. 21.3 If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Data Protection Policy

This Policy sets out the obligations of <> (“the Company”) with regard to data protection and the rights of <>>> (“data subjects”) in respect of their personal data under the Data Protection Act 1998 (“the Act”). Under the Act, “personal data” is defined as data which relates to a living individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, the data controller (the Company in this context), and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual. This Policy sets out the procedures that are to be followed when dealing with personal data. The procedures set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company. The Company is committed not only to the letter of the law but also to the spirit of the law and places a high premium on the correct, lawful and fair handling of all personal data, respecting the legal rights, privacy and trust of all individuals with whom it deals. The Company is registered with the Information Commissioner as a data controller under the register held by the Information Commissioner pursuant to Section 19 of the Act.
This Policy aims to ensure compliance with the Act. The Act sets out eight principles with which any party handling personal data must comply. All personal data: 2.1 Must be processed fairly and lawfully, meaning that at least one of the following conditions must be met: 2.1.1 The data subject has given his or her consent to the processing; 2.1.2 The processing is necessary for the performance of a contract to which the data subject is a party, or for the taking of steps at the request of the data subject with a view to entering into a contract; 2.1.3 The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract; 2.1.4 The processing is necessary in order to protect the vital interests of the data subject; 2.1.5 The processing is necessary for the administration of justice, for the exercise of any functions of either House of Parliament, for the exercise of any functions conferred on any person by or under any enactment, for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or for the exercise of any other functions of a public nature exercised in the public interest by any person; 2.1.6 The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data is disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject. 2.2 [Where the personal data is sensitive personal data (defined below in Part 4 of this Policy), at least one of the following conditions must be met: 2.1.7 The data subject has given his or her explicit consent to the processing of the personal data; 2.1.8 The processing is necessary for the purposes of exercising or performing any right or obligation which is conferred or imposed by law on the data controller in connection with employment; 2.1.9 The processing is necessary in order to protect the vital interests of the data subject or another person in a case where consent cannot be given by or on behalf of the data subject, or the data controller cannot reasonably be expected to obtain the consent of the data subject, or in order to protect the vital interests of another person, in a case where consent by or on behalf of the data subject has been unreasonably withheld; 2.1.10 The processing is carried out in the course of the legitimate activities of any body or association which is not established or conducted for profit, and exists for political, philosophical, religious or trade-union purposes, is carried out with appropriate safeguards for the rights and freedoms of data subjects, relates only to individuals who either are members of the body or association or have regular contact with it in connection with its purposes, and does not involve disclosure of the personal data to a third party without the consent of the data subject; 2.1.11 The information contained in the personal data has been made public as a result of steps deliberately taken by the data subject; 2.1.12 The processing is necessary for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), the processing is necessary for the purpose of obtaining legal advice, or is otherwise necessary for the purposes of establishing, exercising or defending legal rights; 2.1.13 The processing is necessary for the administration of justice, for the exercise of any functions of either House of Parliament, for the exercise of any functions conferred on any person by or under an enactment, or for the exercise of any functions of the Crown, a minister of the Crown or a government department; 2.1.14 The processing is either the disclosure of sensitive personal data by a person as a member of an anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation, or any other processing by that person or another person of sensitive personal data so disclosed, and is necessary for the purposes of preventing fraud or a particular kind of fraud; 2.1.15 The processing is necessary for medical purposes and is undertaken by a health professional, or a person who in the circumstances owes a duty of confidentiality which is equivalent to that which would arise if that person were a health professional; 2.1.16 The processing is of sensitive personal data consisting of information as to racial or ethnic origin, the processing is necessary for the purpose of identifying or keeping under review the existence or absence of equality of opportunity or treatment between persons of different racial or ethnic origins, with a view to enabling such equality to be promoted or maintained, and is carried out with appropriate safeguards for the rights and freedoms of data subjects.] 2.3 Must be obtained only for specified and lawful purposes and shall not be processed in any manner which is incompatible with those purposes; 2.4 Must be adequate, relevant and not excessive with respect to the purposes for which it is processed; 2.5 Must be accurate and, where appropriate, kept up to date; 2.6 Must be kept for no longer than is necessary in light of the purpose(s) for which it is processed; 2.7 Must be processed in accordance with the rights of data subjects under the Act (for which, see Part 3 of this Policy); 2.8 Must be protected against unauthorised or unlawful processing, accidental loss, destruction or damage through appropriate technical and organisational measures; and 2.9 Must not be transferred to a country or territory outside of the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
Under the Act, data subjects have the following rights: o The right to access a copy of their personal data held by the Company by means of a Subject Access Request (for which, see Part 8 of this Policy); o The right to object to any processing of his or her personal data that is likely to cause (or that is causing) damage or distress. Data subjects should make any such objection in writing to <> and the Company shall respond within 21 days either notifying the data subject of its compliance, or explaining why the Company feels that any aspect of the data subject’s request is unjustified; o The right to prevent processing for direct marketing purposes; o The right to object to decisions being taken by automated means (where such decisions will have a significant effect on the data subject) and to be informed when any such decision is taken (in which case the data subject has the right to require the data controller (by written notice) to reconsider the decision; o The right to have inaccurate personal data rectified, blocked, erased or destroyed in certain circumstances; o The right to claim compensation for damage caused by the Company’s breach of the Act.
Personal data is defined by the Act as data which relates to a living individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, the data controller, and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual. The Act also defines “sensitive personal data” as personal data relating to the racial or ethnic origin of the data subject; their political opinions; their religious (or similar) beliefs; trade union membership; their physical or mental health condition; their sexual life; the commission or alleged commission by them of any offence; or any proceedings for any offence committed or alleged to have been committed by them, the disposal of such proceedings or the sentence of any court in such proceedings. The Company only holds personal data that is directly relevant to its dealings with a given data subject. That data will be collected, held, and processed in accordance with the data protection principles and with this Policy. The following data may be collected, held and processed by the Company: o <>, <>; o <>, <>; o <>, <>; o [<>].
Any and all personal data collected by the Company (as detailed in Part 4 of this Policy) is collected in order to ensure that the Company can provide the best possible service to its customers, and can work effectively with its partners, associates and affiliates and efficiently manage its employees, contractors, agents and consultants. The Company may also use personal data in meeting certain obligations imposed by law. Certain data collected by the Company, such as IP addresses, certain information gathered by cookies, pseudonyms and other non-identifying information will nonetheless be collected, held and processed to the same standards as personal data. Personal data may be disclosed within the Company, provided such disclosure complies with this Policy. Personal data may be passed from one department to another in accordance with the data protection principles and this Policy. Under no circumstances will personal data be passed to any department or any individual within the Company that does not reasonably require access to that personal data with respect to the purpose(s) for which it was collected and is being processed. In particular, the Company shall ensure that: o All personal data collected and processed for and on behalf of the Company by any party is collected and processed fairly and lawfully; o Data subjects are always made fully aware of the reasons for the collection of personal data and are given details of the purpose(s) for which the data will be used; o Personal data is only collected to the extent that is necessary to fulfil the purpose(s) for which it is required; o All personal data is accurate at the time of collection and kept accurate and up to date while it is being held and/or processed; o No personal data is held for any longer than necessary in light of the purpose(s) for which it is required; o A suitable online privacy policy is implemented, maintained and followed; o Whenever cookies or similar technologies are used online by the Company, they shall be used strictly in accordance with the requirements of the Privacy and Electronic Communications Regulations, providing full details of cookie use and guidance on privacy; o Individuals are provided with a simple, accessible method of amending any data submitted by them online; o Individuals are informed if any data submitted by them online cannot be fully deleted at their request under normal circumstances (for example, because a file uploaded by a user has been backed up) and how to request that the Company deletes any other copies of that data, where it is within the individual’s right to do so; o All personal data is held in a safe and secure manner, as detailed in Part 6 of this Policy, taking all appropriate technical and organisational measures to protect the data; o All personal data is transferred securely, whether it is transmitted electronically or in hard copy[, using <>]; o No personal data is transferred outside of the European Economic Area (as appropriate) without first ensuring that the destination country offers adequate levels of protection for personal data and the rights of data subjects; and o All data subjects can fully exercise their rights with ease and without hindrance.
The Company shall ensure that all of its employees, agents, contractors, or other parties working on behalf of the Company comply with the following when working with personal data: o All emails containing personal data must be encrypted [using <>]; o Personal data may be transmitted over secure networks only – transmission over unsecured networks is not permitted in any circumstances; o Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable; o Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted; o Where Personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data; o Where Personal data is to be transferred in hardcopy form it should be passed directly to the recipient [or sent using <>]; o No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Company requires access to any personal data that they do not already have access to, such access should be formally requested from <>. o All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet or similar; o No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without the authorisation of <>; o Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors or other parties at any time; o If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it; o Any unwanted copies of personal data (i.e. printouts or electronic duplicates) that are no longer needed should be disposed of securely. Hardcopies should be shredded and electronic copies should be deleted securely [using <>]; o No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets and smartphones), whether such device belongs to the Company or otherwise [without the formal written approval of <> and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary]. o No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the Act (which may include demonstrating to the Company that all suitable technical and organisational measures have been taken); o All personal data stored electronically should be backed up <> with backups stored [onsite] AND/OR [offsite]. All backups should be encrypted [using <>]; o All electronic copies of personal data should be stored securely using passwords and [<>] data encryption; o All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols [. All software used by the Company is designed to require such passwords]; o Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of the Company, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords; o All personal data held by the Company shall be regularly reviewed for accuracy and completeness. Where the Company has regular contact with data subjects, any personal data held about those data subjects should be confirmed at least <>. If any personal data is found to be out of date or otherwise inaccurate, it should be updated and/or corrected immediately where possible. If any personal data is no longer required by the Company, it should be securely deleted and disposed of [using <>]; o Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of <> to ensure that no data subjects have added their details to any marketing preference databases including, but not limited to, the Telephone Preference Service, the Mail Preference Service, the Email Preference Service, and the Fax Preference Service. Such details should be checked at least <>.
The Company shall ensure that the following measures are taken with respect to the collection, holding and processing of personal data: o The Company has appointed <> as its Data Protection Officer with the specific responsibility of overseeing data protection and ensuring compliance with this Policy and with the Act. The Data Protection Officer shall in particular be responsible for: o Overseeing the implementation of, and compliance with this Policy, working in conjunction with the relevant employees, managers and/or department heads, agents, contractors and other parties working on behalf of the Company; o Organising suitable and regular data protection training and awareness programmes within the Company; o Reviewing this Policy and all related procedures not less than <>; o <>. o All employees, agents, contractors, or other parties working on behalf of the Company are made fully aware of both their individual responsibilities and the Company’s responsibilities under the Act and under this Policy, and shall be provided with a copy of this Policy; o Only employees, agents, sub-contractors, or other parties working on behalf of the Company that need access to and use of personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Company; o All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately trained to do so; o All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately supervised; o Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed; o The Performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed; o All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of the Act and this Policy by contract; o All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and the Act; o Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
A data subject may make a subject access request (“SAR”) at any time to find out more about the information which the Company holds about them. o SARs should be made in writing, addressed to <>, <>. o A SAR [may be made using the Company’s Subject Access Request Form, but does not have to be, and if it is not, it] should be clearly identifiable as a SAR. o SARs must make it clear whether it is the data subject themselves that is making the request or whether it is a person acting on his or her behalf. In either case, proof of identity must be provided. If the SAR is made on another’s behalf, the individual making the request must provide clear evidence of their authorised capacity to act on behalf of the data subject. o The Company currently requires a fee of £10 (the legal maximum) for each SAR, payable by <>. [A fee of £2 shall be required for access to a credit file.] Upon receipt of a SAR the Company shall have a maximum period of 40 calendar days within which to respond fully[, but shall always aim to acknowledge receipt of SARs within <>]. The following information will be provided to the data subject: o Whether or not the Company holds any personal data on the data subject; o A description of any personal data held on the data subject; o Details of what that personal data is used for; o Details of how to access that personal data and how to keep it up to date; o Details of any third-party organisations that personal data is passed to; and o Details of any technical terminology or codes.
As a data controller, the Company is required to notify the Information Commissioner’s Office that it is processing personal data. The Company is registered in the register of data controllers, registration number: 10351244. Data controllers must renew their notification with the Information Commissioner’s Office on an annual basis. Failure to notify constitutes a criminal offence. Any changes to the register must be notified to the Information Commissioner’s Office within 28 days of taking place. The Data Protection Officer shall be responsible for notifying and updating the Information Commissioner’s Office.

This Policy shall be deemed effective as of <>. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date. This Policy has been approved & authorised by: Name: <> Position: <> Date: <> Due for Review by: <> Signature: