Owner and User Agreement
1.1 The definitions in this Agreement are as set out in the Owner Agreement and User Agreement.
1.2 This Agreement is between the User and Owner in respect of a Booking and the Services. Bookmycharge is not a party to this Agreement and has no obligations or liability under it.
1.3 Any Special Terms set out in an Owner’s Listing are incorporated into and form part of this Agreement. In the event of any conflict between the Special Terms and this Agreement the terms of the Agreement prevail.
1.4 The Owner grants to the User a limited right to access and use the Location during the Booking Period only. The User will not be a tenant of the Owner and nothing in this Agreement confers any property rights to the User.
1.5 The rights granted in this Agreement are personal to the User and the vehicle specified in the Booking and confirmed in the confirmation email once a Booking is processed. The Owner may refuse access to any other individual or vehicle attempting to access and use the Location during the Booking Period.
1.6 The User is not permitted to access any property other than the Location
1.7 The User will not smoke at the Location or in any area of the Owner’s property.
1.8 The User is not permitted to access or use the Location outside of the Booking Period.
1.9 The User shall pay the Fee via the Website.
1.10 The User is not entitled to any refund or reimbursement of any part of the Fee if they decide to use the Location for a period shorter than the Booking Period.
1.11 Overstay Fees and Recovery Fees area chargeable as set out in the Owner Agreement and User Agreement.
1.12 The User is responsible for the vehicle and User safety at all times during its use of the Location and for ensuring that the vehicle complies with all applicable laws and regulations, including, but not limited to, roadworthiness and current insurance. The User may not use the Location or the Services for any harmful, immoral or illegal purposes whatsoever. The User shall leave the Location clean and tidy.
1.13 The Owner shall ensure that the Location is reasonably clean and tidy at the commencement of the Booking Period and safe for use by the User and free from hazards and that the Owner has all necessary rights and consents to provide the Services.
1.14 In the event of any dispute or complaint arising between the Owner and the User, the Owner and User will attempt to resolve the issue between themselves. If they fail to resolve the issue they may notify Bookmycharge and Bookmycharge shall deal with the issue in accordance with the terms of the User Agreement and Owner Agreement.
1.15 The User may cancel any Booking at any time prior to the start of the Booking Period without liability to the Owner via the Website cancellation system. The Owner may cancel any Booking at any time up to 24 hours prior to the start of the Booking Period without liability to the User. If the Owner must cancel a Booking within 24 hours of the start of the Booking Period the Owner is required to contact the User by phone, text or email to notify them and notify Bookmycharge and the User will not be charged the Fee. The Owner may not cancel the Booking in any circumstances once the Booking Period has commenced.
1.16 Users have a right to cancel the Services under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period of 14 days starting the day after the Booking has been accepted. However, where a User has chosen a Booking Period which commences before the end of this cancellation period the User acknowledges and accepts that they lose the right to cancel the Services during the cancellation period. The User acknowledges and accepts that the Service provided by the Owner is the making available of the Location during the Booking Period and therefore once the Booking Period has started the Service is fully provided so long as the Location is made available for the duration, even if the User chooses not to remain within the Location for the entire Booking Period. No refund is payable for a User’s non-use, late arrival or early departure from the Location. Where cancellations are accepted prior to the commencement of the Booking Period the User will be refunded the Fee. The Bookmycharge Fee is non-refundable as the Bookmycharge Services have been provided by facilitating the Booking.
1.17 Notice of cancellation will be deemed to be received at the point the User issues a cancellation request for their booking. Bookmycharge is not responsible for any transmission failures. Notice of cancellation will be deemed to have been accepted when the User has received an email confirming the cancellation and the Dashboard has been updated to reflect the cancellation.
1.18 The User and the Owner each authorise Bookmycharge to make refunds if necessary in line with clause 1.16 above.
1.19 Owners and Users will use reasonable attempts to settle disputes and complaints between themselves in the first instance. Failing that the User may refer a complaint to Bookmycharge in accordance with the User Agreement.
1.20 Neither party will be liable to the other for any lost profits, loss of data, or costs of procurement of substitute goods or services (in each case whether direct or indirect) nor for any indirect or consequential damages whatsoever arising out of this Agreement however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.
1.21 Unless otherwise expressly stated in the Special Terms, each the Owner and the User’s liability for all losses (with the exception of wilful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to (a) the cost of obtaining replacement vehicle charging parts or (b) the amount of the Fees plus £250 (GBP), whichever is the higher amount.
1.22 Nothing in this Agreement limits or excludes a party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or other liability which may not be properly limited or excluded under applicable law.
1.23 Each party agrees that they have the power and authority to enter into this Agreement.
1.24 Neither party will be entitled to assign or sub-contract their obligations under this Agreement (save for any duties which may be carried out by Bookmycharge as agent for the Owner as set out in this Agreement, the User Agreement and the Chargepoint and associated Parking Area Owner Agreement).
1.25 Neither party will be liable to the other or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any event of force majeure beyond their reasonable control such as severe weather, subsidence, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war or civil unrest.
1.26 This Agreement is subject to and shall be interpreted in accordance with the laws of England and Wales and the parties submit to the jurisdiction of the courts of England.