Allgemeine Geschäftsbedingungen

Für Evology Parking App

1. Information About Us

Parkingeye Limited trading as Evology is a company registered in England and Wales with company number 05134454 whose registered office address is at 40 Eaton Avenue, Buckshaw Village, Chorley, Lancashire, PR7 7NA and is a specialist provider of Electric Vehicle Charging Services (“Evology”, “we”, “our” and “us”).

2. Contact Us

If you think the Evology App or Evology Pre-Book are faulty or misdescribed or wish to contact us for any other reason, please contact Evology Customer Services using any of the following contact details:

2.1 [email protected]

3. Your agreement with us

3.1 These Evology Pre-Book Terms and Conditions, the Evology Privacy Policy, together with the Evology End-User Licence Agreement („EULA“) and any other terms referred to within them govern your use of:

3.1.1 The Evology application software („Evology App“); and

3.1.2 Evology Pre-Book as defined at clause 2 below, (together, “Terms of Use”).

3.2 Please read through these Evology Pre-Book Terms and Conditions carefully as they set out further rights and obligations that we have towards each other. We highly recommend that you save and keep a copy for your records.

3.3 By using the Evology App and/or Evology Pre-Book, you agree that you will be bound by the Terms of Use.

4. Definition

“Booked Car Park” means the Car Park specified in your Booking and to which the Booking relates;
“Booking Confirmation Email” means the email sent to you confirming your Booking;
“Booking” means your booking for parking at a Car Park made with us through the Evology App;
“Car Park” means any parking facility managed by us for the parking of Vehicles;
“Car Park Terms and Conditions” means the terms and conditions of parking which apply at a particular Car Park;
„Data Protection Laws” means any applicable laws relating to the processing, privacy and use of personal data including under the Data Protection Act 2018 and the UK GDPR (as defined in section 3(1) (as supplemented by s.205(4)) of the Data Protection Act 2018;
“Evology Pre-Book” means our service which enables you to reserve and pay for parking in advance at a Car Park using the Evology App;
“Order” means an order for the purchase of parking at a Car Park made through the Evology App;
“Our representative” means any of our offices, employees and agents (acting in the course of business and within the scope of their duties towards us;
“Parking Charge” means a charge you are required to pay for breaching the Car Park Terms and Conditions
“Parking Period” means the date/s and period of time you are entitled to park in accordance with a Booking;
“Parking Space” means a parking space in a Car Park; and
“Vehicle” means a car, being a mechanically propelled vehicle, which is constructed to carry up to 8 passengers, that enters into the Booked Car Park.

5. How is the Evology Pre-Book Parking Contract Formed?

5.1 Evology Pre-Book is only available to persons aged 18 years or over.
5.2 Using Evology Pre-Book, you will be able to select the time and date you would like to park within a particular location. Based on these preferences, the Evology App will detail the Car Parks available (if any) in which a Parking Space can be booked, together with the cost of booking a Parking Space in that Car Park. Parking Spaces are subject to availability at all times.
5.3 To place an order with us, you will then need to:
5.3.1 Select the Car Park you would like to park in;
5.3.2 Confirm the registration number of the Vehicle you will use to enter the Car Park; and
5.3.3 Make payment by credit card, debit card or Apple Pay.
5.4 All Orders are subject to acceptance by us, and we will confirm our acceptance of your Order by sending you a Booking Confirmation Email which will confirm the details of your Booked Car Park and your Parking Period. Your Booking will also be saved in the Evology App.
5.5 In the event we are not able to accept your Order, for whatever reason, any payment made by you in respect of that Order will be refunded in its entirety.
5.6 Please ensure you check the details you provide in your Order are correct before you place your Order as we offer no guarantee that we are able to rectify mistakes afterwards. Please be aware that our Car Parks use automatic number plate recognition (“ANPR”) and as such please ensure your Vehicle registration number is accurately entered at the time you place an Order.
5.7 You may be required to pay a transaction fee in addition to the cost of parking. This transaction fee covers the cost of processing your Booking.
5.8 The price you pay is the price accepted and confirmed to you in the Booking Confirmation Email. All prices are in pounds sterling and include Value Added Tax.
5.9 The price you pay is fixed for the duration of the Parking Period. The Booking is valid for a single entry and exit during the Parking Period.
5.10 When you enter the Booked Car Park, you will also be bound by the Car Park Terms and Conditions which apply to that Car Park. The Car Park Terms and Conditions will be displayed on signage in the Booked Car Park and we recommend you read these terms as they vary between Car Parks.
5.11 If you are in breach of or otherwise fail to comply with the Car Park Terms and Conditions which apply at the Booked Car Park, you and will be liable to pay a Parking Charge together with any additional costs required to pursue further recovery action.

6. Your Booking

6.1 Once you have submitted your Order and received your Booking Confirmation Email, your Booking:
6.1.1 cannot be transferred to another person;
6.1.2 cannot be used to park in any Car Park other than the Booked Car Park;
6.1.3 only permits you to park in the Booked Car Park during the Parking Period.;
6.1.4 will be for the price stated at the time you placed your Order.

6.2 When you enter and leave the Booked Car Park, your Vehicle registration number will be read by ANPR cameras. You do not need to take any steps to register your Vehicle at the Booked Car Park unless otherwise advised.
6.3 Your Booking entitles you to a Parking Space but does not entitle you to any individual or reserved parking space. You should park in any available Parking Space unless otherwise directed.
6.4 Your Booking is only valid for the Vehicle registration number provided at the time you placed your Order. In the event you can no longer travel to the Booked Car Park in this Vehicle and wish to change the Vehicle registered to your Booking, please contact us .. We cannot guarantee that we will be able to change this, but we will take reasonable steps to do so, where possible, provided that you provide at least 24 hours’ notice prior to the commencement of the Parking Period.
6.5 If you park in the Booked Car Park in a Vehicle different to the Vehicle detailed on your Booking, you will be in breach of the Car Park Terms and Conditions. If you remain in the Booked Car Park for longer than your Parking Period you will be in breach of the Car Park Terms and Conditions.

7. Booked Car Park Not Available

7.1 There may be some circumstances where we are unable to provide you with a Parking Space in the Booked Car Park due to circumstances beyond our reasonable control (including acts of God, war, national emergency, governmental action, civil unrest, fire, flood, epidemic/pandemic, strikes or other labour disputes). In those circumstances, we reserve the right to:
7.1.1 Cancel your booking; or
7.1.2 Offer you parking in an alternative Car Park. If you do not accept our offer of alternative parking, you can cancel your Booking in accordance with clause 8 below.
7.2 There may be some circumstances where we are unable to provide you with a Parking Space in the Booked Car Park due to operational reasons. In those circumstances, we reserve the right to:
7.2.1 Cancel your booking; or
7.2.2 Offer you parking in an alternative Car Park. If you do not accept our offer of alternative parking, you can cancel your Booking in accordance with clause 8 below.
7.3 In the event we cancel your Booking for any reason, we shall refund the monies you have paid and this shall be your only remedy in relation to your Booking.

8. Cancellation of your booking

8.1 You are entitled to cancel your Booking at any time by contacting us here . Whether you are entitled to receive a refund of any payment you have made to us will depend on when you cancel your Booking:
8.1.1 If you cancel your Booking at least 24 hours prior to the start of the Parking Period, you will be entitled to a full refund of the parking fee paid less the cost of any transaction fees;
8.1.2 If you cancel your Booking less than 24 hours prior to the start of the Parking Period, you will not be entitled to any refund of the parking fee paid.
8.2 If you fail to cancel your Booking by notifying us in accordance with the above clause 8.1, you will be liable for the full cost of the Booking and will not receive any refund, regardless of whether you parked in the Booked Car Park for any period of time within the Parking Period.

9. Your Obligations

9.1 You have the following obligations under these Pre-Book Terms and Conditions:
9.1.1 to only use the Booked Car Park during the Parking Period;
9.1.2 to only park the Vehicle identified in the Booking;
9.1.3 to ensure that the Vehicle is parked wholly in the Parking Space, and without obstructing any adjoining or nearby parking spaces, other Vehicles or property;
9.1.4 not to park your Vehicle in a Parking Space designated for a specific purpose when you are not entitled to do so (e.g. parking in a space for a disabled person without an appropriate disability badge displayed or an entitlement to use that space);
9.1.5 not to do or permit to be done in the Booked Car Park anything which is or may be or become a nuisance, damage, annoyance, inconvenience or disturbance to any person;
9.1.6 not to resell or transfer, or attempt to resell or transfer, any booking (in whole or in part);
9.1.7 not to conduct any illegal, business, or commercial activity in or from the Booked Car Park; and
9.1.8 not to use the Parking Space for any purpose other than for parking.
9.2 You agree to indemnify us for any losses we suffer in respect of any breach by you of these Pre-Book Terms and Conditions.

10. Our Rights & Responsibilities

10.1 We will act with reasonable skill and care when providing the Pre-Book service to you.
10.2 We reserve the right, without notice, to amend/remove the availability of any Car Parks on the Evology App.
10.3 We are not responsible for ensuring that the Booked Car Park is appropriate and/or suitable for the needs of your particular Vehicle.

11. Liability

11.1 All Vehicles are parked at your own risk. It is your responsibility to ensure the safety of your Vehicle (together with any items stored in your Vehicle). We would recommend that you:
11.1.1 lock your Vehicle securely;
11.1.2 fully close all windows of your Vehicle;
11.1.3 apply your handbrake properly;
11.1.4 engage any steering lock, alarm or immobiliser you have;
11.1.5 not leave any animal or person within your Vehicle; and
11.1.6 remove your possessions and ensure that any possessions you decide to leave in your Vehicle are stored securely and are not on display.
11.2 We shall not be liable for any loss or damage to your Vehicle or possessions within howsoever occurring.
11.3 If you are a consumer and we fail to comply with these Pre-Book Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but except as set out in clauses 11.6 and 11.7, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
11.4 Where you are not a consumer, we shall not be liable for any indirect or consequential loss, any loss of profit, loss of enjoyment, loss of revenue, loss of data, or loss of earnings.
11.5 We shall not be responsible for ensuring that the Car Parks are secure and in no way guarantee that the Car Parks are a secure environment.
11.6 We shall only be liable for death or personal injury caused by property in the Car Park which belongs to us. We are not responsible for maintaining the surface of any Car Park or for maintaining any property on site at any Car Park and are not, therefore, liable for any issues relating to the same.
11.7 Nothing in these Pre-Book Terms and Conditions limits our liability in the case of death or personal injury caused by our negligence or in the case of fraud.
11.8 Where equipment in the car park is damaged by you, your Vehicle or the passengers in the Vehicle then, except where the damage arises from our negligence, we will seek to recover the costs of that repair and associated costs from you.

12. Your legal rights

Nothing in these Pre-Book Terms and Conditions shall take away or modify any of your legal rights or entitlements.

13. Data Protection

We will store, process and use all information regarding your personal details in accordance with the requirements of applicable Data Protection Laws. For further details on how we collect and use your information, please review our privacy policy details of which can be found here.

14. Consumer cooling-off period

THIS CLAUSE 14 WILL ONLY APPLY IF YOU ARE CONTRACTING AS A CONSUMER

14.1 If you are a consumer, and purchase certain services online, you may have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period that is 14 days from the date that you place your Order.
14.2 Should you choose to exercise this right, you must complete the Contact Us form, or otherwise inform us in writing by way of a clear statement of your wish to withdraw from the contract, which must be received by us prior to the expiry of the 14-day period referenced in clause 14.1.
14.3 Upon receipt of such clear statement / completed form, we shall reimburse you for the full cost of your Booking, on the same means of payment as you used for the initial Booking, unless you expressly agree otherwise.
14.4 Where your Booking shall take place prior to the expiry of the 14-day period, you expressly request that we fulfil that Booking, in which case you waive your rights under this clause 14. You also agree that should we have performed or started performance of the contract upon your request, you waive your right to cancel the contract under this clause 14.

15. Entire agreement

THIS CLAUSE 15 WILL NOT APPLY IF YOU ARE CONTRACTING AS A CONSUMER

15.1 These Pre-Book Terms and Conditions (and any document expressly referred to in them) constitute the entire understanding between us in relation to their subject matter.
15.2 We each acknowledge and agree that, in entering into our contract, neither of us has relied on any warranty or representation given by the other or implied from anything said or written in negotiations between us prior to entering into our contract except as expressly set out in these Pre-Book Terms and Conditions.

16. Variation of Pre-Book Terms and Conditions

16.1 We reserve the right to amend these Pre-Book Terms and Conditions, or withdraw the right to pre-book parking and/or related services in future, at any time.
16.2 Nothing said or done by any of our representatives is capable of varying these Pre-Book Terms and Conditions.

17. Waiver

17.1 If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Pre-Book Terms and Conditions, or if we fail to exercise any of the rights to which we are entitled under our contract or any of these Pre-Book Terms and Conditions, this shall not constitute a waiver of our rights or remedies and shall not relieve you from compliance with your obligations.
17.2 A waiver by us of any default by you shall not constitute a waiver of any subsequent default by you of your obligations.

18. Waiver

If any of these Pre-Book Terms and Conditions (or any provision of our contract) is found by a competent authority to be invalid, unenforceable or illegal, such term shall, to the extent that it is unenforceable, invalid or unlawful, be severed from the remaining terms and conditions, which shall continue to be valid to the fullest extent permitted by law.

19. Communications

Certain laws require that some communications or information we send to you should be in writing. By providing us with your email address as part of your Booking, you agree to this electronic means of communication, and you acknowledge and agree that all contracts, notices, information and other communications we provide to you electronically comply with any legal requirement that such communication be in writing. You must send any notices required to be given by you in writing and to our registered office address, details of which are set out above.

20. Transfer of rights and obligations

20.1 You are not entitled to assign, charge, sub-contract or transfer our contract or any part of it without our prior written consent. We may assign, charge, sub-contract or transfer our contract or any part of it to any person.
20.2 Any person who is not a party to our contract shall not have any right to enforce any term of the contract which expressly or by implication confers a benefit on that person without our prior written agreement. Any term of our contract can be varied and our contract can be cancelled or terminated without the consent of any third party who might benefit from the terms or have enforceable rights under our contract.