Browntree Properties Ltd

Season Ticket Terms and Conditions

These Terms and Conditions set out the terms on which Browntree Properties Ltd (“we”, “us”, “our”) will supply a Season Ticket to you. Please read them carefully as they form the basis of the contract between you and us. By placing an Order for a Season Ticket (including online) you agree to be bound by these Terms and Conditions.

If you have a general comment or query, please contact us:
Phone: +44 (0) 1274 745 885
Email: Parking@BrowntreeProperties.com
Website: https://browntreeproperties.com/
Address for complaints/claims: Browntree Properties Ltd, Legrams Commercial Centre, Legrams Lane, Bradford, West Yorkshire, BD7 1NH, England, United Kingdom.

1. Defined terms

The following terms used throughout these Terms and Conditions shall have the following meanings:

“Browntree”, “we”, “us” and “our” means Browntree Properties Ltd, Company Registration No. 04412792, registered office: Legrams Commercial Centre, Legrams Lane, Bradford, West Yorkshire, BD7 1NH, England, United Kingdom.

“Auto-renew” means your active Season Ticket will automatically renew on the expiry date, allowing you to continue to park your Vehicle in the Nominated Car Park for the next Period in accordance with these Terms and Conditions (where Auto-renew is offered and selected).

“Commencement Date” means the date from which your Season Ticket is valid (as confirmed in your Order confirmation).

“Customer Personal Data” means information which identifies you or makes you identifiable and which is processed by us in connection with a Season Ticket.

“Data Protection Laws” means all applicable laws relating to personal data and privacy including the Data Protection Act 2018, the UK GDPR and the Privacy and Electronic Communications Regulations 2003 (as amended).

“Exceptional Circumstances” means: (i) you lose your job; (ii) you are diagnosed with an illness or medical condition that affects your ability to drive; or (iii) you move home or change your primary place of work and, as a result, your Nominated Car Park is no longer suitable.

“Nominated Car Park(s)” means the car park (or car parks, where offered) nominated in your Order.

“One-time purchase” means a Season Ticket purchase allowing you to park your Vehicle in the Nominated Car Park for the chosen Period and which does not Auto-renew.

“Order” means your order to purchase a Season Ticket for your chosen Period, made in accordance with these Terms.

“Period” means the monthly, quarterly or yearly period (as applicable) selected at purchase.

“Season Ticket” means the Season Ticket held by you for the Nominated Car Park(s) for the relevant Period.

“Standard Season Ticket” means a Season Ticket valid for one Nominated Car Park for the chosen Period.

“Roving Season Ticket” (if offered) means a Season Ticket valid for multiple Nominated Car Parks for the chosen Period.

“VRM” means Vehicle Registration Mark (vehicle number plate).

“your Vehicle” means the vehicle with the VRM associated with your Season Ticket.

Unless the context otherwise requires, words in the singular include the plural and vice versa.

2. Information about us

We are Browntree Properties Ltd, Company Registration No. 04412792, registered office: Legrams Commercial Centre, Legrams Lane, Bradford, West Yorkshire, BD7 1NH, England, United Kingdom.

In some car parks we may act as agent on behalf of a landowner or occupier. This will not affect your rights or obligations under these Terms and Conditions.

3. Other terms that apply

(a) By using your Season Ticket you agree to comply with the Car Park Terms and Conditions and all signage displayed at the Nominated Car Park(s).

(b) Where you purchase a Season Ticket for use by employees, officers, partners or agents, you must ensure those users comply with these Terms and the Car Park Terms and Conditions.

4. How the contract is formed

Online purchase: Your contract will commence when payment has been processed and we have issued an Order confirmation. Your Season Ticket will not be valid until the Commencement Date selected by you (where applicable).

Telephone / invoice (if offered): If we provide a written proposal and you accept it, the contract is formed when we have received cleared payment. We may refuse an Order and/or offer an alternative Season Ticket if the selected Nominated Car Park is unavailable.

5. Consumer rights (14-day cancellation)

If you are contracting as a consumer (not in the course of business), you may cancel within 14 days beginning the day you purchase your Season Ticket (or, for renewals, the day after renewal). If you cancel, you will receive a refund of the price paid less any days used (calculated pro-rata).

To cancel within this period, you must inform us in writing at: Parking@BrowntreeProperties.com.

This does not affect your statutory rights.

6. Personal and non-transferable

Your Season Ticket is personal to you and specific to your Vehicle (VRM) and is non-transferable. You must not share, sell, lend, screenshot, copy or allow another person to use your Season Ticket or any associated access code/permit (if applicable).

You remain liable for any use until you notify us and we are able to cancel or disable it.

7. Price and payment

(a) Price: If you are a consumer, prices are inclusive of VAT (where applicable). If you are a business customer, VAT and any taxes will be shown on the invoice/receipt.

(b) Price changes: We may change Season Ticket prices from time to time. Where Auto-renew is in place, we will provide notice (where reasonably practicable) of any increase applying to the next Period. You can choose not to renew by cancelling Auto-renew (if available) or cancelling in accordance with Section 10.

(c) Payment methods: Season Tickets are payable by online payment (and/or other methods where expressly offered by us). A receipt will be sent to the email address provided in your Order.

(d) Auto-renew: If Auto-renew is offered and selected, payment for the next Period may be taken shortly before the start of the new Period. It remains your responsibility to ensure your payment method is valid and up to date.

8. Your Season Ticket

(a) A Season Ticket does not guarantee a space, does not entitle you to park in reserved areas (unless expressly included), and does not confer exclusivity.

(b) Delivery/format: Your Season Ticket may be provided digitally and/or as a permit/card depending on the Nominated Car Park. If you do not receive access details within a reasonable period, contact us so we can investigate.

(c) One vehicle at a time: Your Season Ticket permits parking for one vehicle only in the Nominated Car Park(s) at any one time and must not be used as a storage arrangement.

(d) Vehicle change: If you change your Vehicle during a Period, you must notify us before using the replacement vehicle, so we can update the VRM (where permitted).

(e) Opening hours: Car park opening hours (where applicable) are displayed on site. We are not responsible for access outside published hours.

9. Account, access codes and security (if applicable)

(a) Where an online account or access code is used, you must keep your login details and codes secure and not disclose them to others.

(b) You are responsible for all use of your account and/or codes until you notify us of suspected unauthorised use.

10. Cancellation, renewals, refund policy and replacements

(a) Cancellation by you (after the 14-day consumer cooling-off period)

If you are a consumer and did not cancel within 14 days under Section 5, or if you are not a consumer, you may only cancel:

where we have materially breached these Terms; or
where Exceptional Circumstances apply (evidence may be required); or
as otherwise required by law.

Notice must be provided in writing to: Parking@BrowntreeProperties.com.

(b) Auto-renew / renewal

Where Auto-renew applies, your Season Ticket will renew for a further Period unless you cancel Auto-renew or cancel in accordance with these Terms before renewal.

(c) Cancellation by us

We may cancel at the end of the current Period by giving reasonable notice. We may also cancel immediately (or suspend access) for non-payment, misuse, fraud, or breach of these Terms or the Car Park Terms and Conditions.

(d) Closure of Nominated Car Park

If your Nominated Car Park closes and we cannot offer (or you do not accept) a reasonable alternative, either party may cancel and we will refund any unused portion of the Period on a pro-rata basis (subject to the exclusions below).

(e) Refunds

Where a refund is due, it will be paid back to the original payment method (or nominated account) and calculated based on the unused portion of the Period from the effective cancellation date.

No refunds will be issued where:

we cancel for your breach/misuse; or
you mistakenly also pay for parking while holding a valid Season Ticket; or
otherwise stated in these Terms and permitted by law.

(f) Replacements

If your permit/card/access method is lost, stolen or damaged (where applicable), we may issue a replacement and may charge a reasonable administration fee (which we will confirm at the time).

11. Our liability

(a) We will use reasonable skill and care in providing your Season Ticket.

(b) Nothing excludes liability for death or personal injury caused by our negligence.

(c) We are responsible for direct loss or damage to your property arising from our negligence or dishonesty (or that of our employees/agents).

(d) We are not responsible for losses that are not foreseeable, or for indirect or consequential losses (including loss of profit/revenue/anticipated savings), to the extent permitted by law.

(e) Subject to mandatory legal rights, our maximum aggregate liability arising out of or in connection with these Terms shall not exceed £1,000.

12. Communications

You agree that communications may be provided electronically. Any notices you must give us must be in writing and sent to:
Parking@BrowntreeProperties.com or to our registered office address.

13. Data protection

We will process Customer Personal Data in accordance with Data Protection Laws. Where CCTV is in operation at a site, signage will be displayed. For privacy enquiries relating to Season Tickets, contact: Parking@BrowntreeProperties.com.

14. Waiver

If we do not enforce a right immediately, that does not mean we waive that right.

15. Severability

If any provision is found unlawful or unenforceable, the remainder will continue in full force.

16. Circumstances beyond our reasonable control

We are not liable for delays or failure to perform due to events beyond our reasonable control (e.g., fire, flood, severe weather, government action, strike, epidemic). If such circumstances continue for more than 3 months, either party may cancel by written notice.

17. Variation of these Terms

We may change these Terms to reflect legal changes, operational changes, or best practice. Updated Terms will be published and/or notified with reasonable notice where practicable. If a change materially disadvantages you, you may cancel and receive a pro-rata refund of any unused portion of the Period (unless cancellation is otherwise excluded by law).

18. Assignment and third party rights

You may not transfer your contract without our written consent. We may transfer our rights/obligations to another party. No third party has rights to enforce these Terms.

19. Entire agreement (business customers only)

If you are contracting other than as a consumer, these Terms and any documents expressly referred to in them constitute the entire agreement.

20. Law and jurisdiction

This contract is governed by English law. Consumers may bring proceedings in the courts of their domicile where applicable. Otherwise, proceedings shall be brought in the courts of England, to the fullest extent permitted by law.