Booking Agreement

This Agreement sets out the terms and conditions on which the Seller agrees to permit the Buyer to use the Parking Space.

This license agreement ("Agreement") is between the buyer ("Buyer") who has booked a parking space through the Parkhound website (“Website”) or Parkhound mobile app ("App") and the owner or operator ("Seller") of the parking space ("Parking Space") which has been booked. This agreement pertains to all booking lengths and types including but not limited to Monthly Ongoing ("Monthly Ongoing") bookings which are prepetual bookings with no specified end dates. 

This Agreement and any additional terms included in a Seller's listing are a contract between the Buyer and the Seller. Parkhound is not a party to this agreement.  

 

1. The Booking Process

1.1. This Agreement becomes binding on the Buyer and the Seller when the Seller accepts the terms of a Booking as communicated by Parkhound and when the Buyer requests a booking and payment is received by Parkhound.

1.2. Each party acknowledges that the Agreement  contains the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other

1.3. You may not incorporate any additional terms into the Booking Agreement other than the restrictions clearly included in your listing. You agree not to propose to the Buyer or Seller any additional terms or amendments to the Booking Agreement after a booking has been made without our consent. The Buyer is not obliged to accept any further terms once we have accepted a booking on your behalf.


2. Buyer Rights and Obligations

The Buyer:

2.1. Subject to clause (d) below, is entitled to permit another person to use the Parking Space under this Agreement.

2.2. is responsible for ensuring that any person (an "Authorised Person") the Buyer allows to use a Parking Space complies with the terms of this Agreement. The Buyer is responsible for the conduct of any such Authorised Person. 

2.3. must only use the Parking Space at the times specified in this booking confirmation. If the Buyer uses the Parking Space at any earlier or later time, the Buyer will be liable to the Seller under the Booking Agreement and the Buyer’s vehicle may be towed. 

2.4. must use the vehicle the details of which have been notified as part of the Booking. If the Buyer uses a different vehicle they may be unable to park.  If the buyer wishes to change the registered vehicle to be used for the parking space, the buyer must contact Parkhound in advance of the booking so that Parkhound can confirm and notify the Seller.

2.5. During the Booking Period, if the Buyer has any concerns or queries about the Parking Space the Buyer must contact Parkhound immediately and Parkhound will direct the concern or query to the Seller if appropriate.

2.6. At the start of the Booking Period, the Buyer must inspect the Parking Space and ensure the Parking Space meets the description on the Website and the App. If the Buyer believes that the Parking Space does not reasonably match the description on the Website and the App, you must contact Parkhound immediately, in which case we will provide you with the Seller contact details in order to resolve the concern or query. 

2.7. Where possible, any dispute between the Buyer and the Seller relating to the Parking Space should be dealt with at the start of the Booking Period and without our involvement so that the Buyer may still fulfil the Booking. Where this does not prove possible, the Buyer agrees that Parkhound may mediate (at its discretion) and attempt to resolve the concern or query so that the booking can be fulfilled.

2.8. must vacate the Parking Space and cease using the Parking Space by the end of the Booking Period. The exact departure time from the Parking Space will be as stated in the Booking Confirmation.

2.9. acknowledges that the Parking Space is someone else's property and agrees not to access any other part of the property to which the Parking Space is attached, other than as reasonably required to directly access the Parking Space.

2.10. has primary responsibility for the Buyer’s safety and the safety of their vehicle during the Booking Period and agrees that the Seller is not responsible for ensuring the Buyer’s or an Authorised Person’s safety, or the safety of your vehicle.

 

3. Seller rights and obligation

3.1. The Seller agrees to:

3.2. Provide the Parking Space in accordance with the details and information set out in your Website and App listing;

3.3. Comply with all applicable laws and rules and regulations that may apply to the Parking Space, including but not limited to any relevant body corporate rules, zoning laws and laws governing rental of or licenses to use residential and other properties;

3.4. Use best endeavours to settle any disputes that may arise during the Booking Period as soon as practicable so that the Buyer may still fulfil his booking.

3.5. You will be advised of any enquiries about your Parking Space by any method possible including but not limited to email, text message or phone call.  

3.6. You agree to confirm with us as soon as practicable whether or not the booking is accepted. You can accept a booking by signing into the Website and the App and approving the relevant enquiry or by sending us an email, SMS or phone call or by agreeing at the time of listing to automatic accepting, in which we will automatically accept bookings for you instantly, always or if a booking meets certain criteria.

3.7. Parking Space Owners have 48 hours to reply to a Parking Space enquiry before the offer is revoked. You acknowledge that during and after this 48 hour period, we may suggest other Parking Space options to the Buyer who has made the enquiry.

 

4. Buyer and Seller Obligations

As a buyer or a seller:

4.1. You will be asked to create a password when registering. You are required to ensure that the password is kept confidential and do not disclose it to any third party. If you do so reveal your password to a third party and they then access the Website and the App they will be deemed to be acting as an agent for you. We will not be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password and is using your Account without authorisation from you, please notify us immediately and we will suspend or close the Account at our discretion. 

4.2. You agree to not use the Parking Space or deal with other Parkhound members in any way which could be deemed to be harmful to the business or reputation of Parkhound or do anything which might adversely affect our relationship with a Seller or a Buyer;

4.3. You agree to not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, licensee or business relation of Parkhound or any Buyer or  Seller through any communication including written and oral communication made by yourself or a third party to transact outside of the Website and the App.

4.4. You agree to provide us with accurate information and ensure that all details that we hold about you (including your email address) are up to date and valid;

4.5. You agree to not use the Website or the App in any way which may detrimentally affect the reputation of Parkhound or the use and enjoyment of the Website and the App or our Services by any other users or third parties;


 
5. Mutual warranties:

5.1. Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.

 

6. Buyer warranties:

The Buyer represents and warrants that the Buyer will:

6.1. keep the Parking Space clean, tidy and clear of rubbish and leave the Parking Space in the same condition as they find it;

6.2. park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property;

6.3. notify the Seller or Parkhound of any damage to the Parking Space during the Booking Period as soon as it occurs;

6.4. not do or permit to be done on the Parking Space anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Seller or owner or occupier of neighbouring property;

6.5. not conduct any illegal activity from the Parking Space;

6.6. not conduct any business or commercial activity whatsoever from the Parking Space;

6.7. not use the Parking Space for any purpose other than for parking;

6.8. indemnify and hold harmless the Seller against all loss, liability, damages, costs and expenses arising from the Buyer's negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Seller; and

6.9. act with courtesy towards the Seller; and.

6.10. have at all material times a valid driving license and vehicle registration.

6.11. The above warranties are given at the commencement of and on an on-going basis during the term of the agreement.

 

7. Seller warranties:

The Seller represents and warrants that the Buyer:

7.1. owns or is authorised to use the Parking Space and is  authorised to allow third parties to use the Parking Space and, where necessary, you have permission from your landlord, tenant or body corporate (or other persons who control any apartment or complex of which the Parking Space is a part) to do so.  if you do not have the necessary authority you agree to indemnify and hold harmless Parkhound for any loss we may suffer as a result of your breach of the representation and warranty above.

7.2. has all necessary regulatory and planning approvals to grant a license to use the Parking Space and that the license to use the Parking Space will comply with all applicable laws, tax requirements and rules and regulations that may apply to the Parking Space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties.


8. Payment

8.1. Our standard policy is to collect the first month payment owed by the Buyer for the Parking Space at the time the booking is made.   We will collect full payment up front in the case of a short or medium-term booking (any booking of up to 1 month).

8.2. For long-term bookings (any booking of more than 1 month) we will request a payment from the Buyer up front for the first month, and then we will request payment for 1months’ worth of the booking, or the remaining booking time, whatever is less, 3 days in advance until termination of the Booking.

8.3. We are authorised by the Seller to accept payment from the Buyer on the Seller's behalf.  If the Buyer has paid the full amount for the booking to Parkhound at the time the booking is made then no further payments are due to the Seller. The Seller accepts that payment of the fees for the Booking to Parkhound represents a full discharge of the Buyer's payment obligations for that booking.

8.4. As a Seller, you authorise us to accept and hold Buyer payments on your behalf. We will send the payment to you that we have received from the Buyer after the start of the Booking Agreement or after the start of the next payment period in the case of a long term booking. We reserve the right to waive this escrow period.

8.5. Parkhound is entitled to process all transactions using your Account and is not required to check that you have authorised such transactions.

8.6. In order to register an account you may be required to provide us with bank account, PayPal, credit or debit card details to enable us to make payments to you. We are also authorised in exceptional circumstances to use these details to deduct any payments you may owe to us or to a Buyer. 

8.7. You are responsible for paying all fees and applicable taxes, general services taxes, incomes taxes, goods and services taxes and other similar State and Federal indirect taxes or other withholding and personal or company incomes taxes ("Taxes") under this agreement in a timely manner. 

8.8. If your payment is not received or fails we may collect monies owed using other collection mechanisms and we reserve the right to charge you for all additional fees and expenses we may incur (including legal fees and costs) in attempting to collect fees through commencing collection efforts, using the services of an external debt collection agency or issuing legal proceedings. 

8.9. Once payment has been received we will send you the Confirmation Email which will include the Booking Period (which may be changed by agreement or termination as set out below) and a contact telephone number for the Buyer

8.10. You agree that we may issue you with invoices and receipts in electronic format by email or other method.

 

9. Cancellation and Booking Guarantee

9.1. All bookings are made subject to the Cancellation Policy as set out in this agreement and the Buyer and the Seller each agree to comply with the terms of the Cancellation Policy and authorise Parkhound to administer the Cancellation Policy, if necessary, by making refunds. 

9.2. The Buyer must cancel their booking by contacting Parkhound via email and requesting a cancellation. Notice of cancellation will be deemed to be received at the point Parkhound receives a cancellation request for their booking. Parkhound is not responsible for any transmission failures.

9.3. If the Buyer fails to cancel the booking using the Parkhound cancellation procedure the Buyer will be liable for the full amount of the fees payable to the Seller and will not receive any refund whatsoever.

9.4. Furthermore, as a Buyer you agree that if a Seller wishes to cancel a Booking they may do so through us and our Website and the App. If we are required to process a cancellation, we will do so in accordance with this Cancellation Policy. If you have paid a booking deposit and are required to make further payments to a Seller under the Cancellation Policy you authorise us to collect payment on behalf of the Seller using the credit or debit card details you have supplied. We also reserve the right to cancel your Account and terminate this agreement if you do not make payment within the timeframes specified in the Cancellation Policy.

9.5. The Seller must cancel their booking by contacting Parkhound via email and requesting a cancellation. Notice of cancellation will be deemed to be received at the point Parkhound receives a cancellation request for their booking. Parkhound is not responsible for any transmission failures.

9.6 The Seller must provide a minimum of 1 months notice of cancellation to Parkhound. If the Seller fails to cancel the booking using the Parkhound cancellation procedure the Seller will be liable to refund the Buyer the full amount of the fees received. 

9.6. For the avoidance of doubt, it is the Seller's responsibility to make any refund to which the Buyer may be entitled. However, if we are holding funds on behalf of the Seller we may (at our sole discretion) refund sums to the Buyer. 

9.7. A full refund can be provided to the buyer if the:

i. Parking space is unavailable on the date and time agreed

ii. Parking space address is incorrect

iii. Parking space description or listing details are substantially misleading

iv. Seller needs to cancel the booking and informs the buyer before the start date

v. Refund request is received on the day the booking starts and is approved after investigation.

vi. If a space is advertised as having a booking guarantee, Parkhound may provide the Buyer a full refund if the above criteria are met in Parkhound’s absolute discretion and judgement, though it is not obliged to do so. 


Partial Refund

9.8. The seller must inform Parkhound and the Buyer within 1 months' notice, if the seller wants to cancel a booking, then a refund covering the remaining booking period will be provided to the buyer.  

9.9. Example: If the seller cancels a booking in week 2 of an agreed 4 week agreement, then the buyer is owed a refund for the 2 weeks lost.

9.10. The buyer must inform Parkhound and the Seller, if the buyer wants to cancel a booking 

9.11. If a buyer wants to cancel a booking that has more than 1 month to run, then the buyer must pay a cancellation fee (equal to 1 month of the parking rate).  The rest of the payment will be refunded or cancelled.  

9.11.1. Example: If the buyer cancels a booking in week 2 of a 14 week agreement, then they must pay a cancellation fee (equal to 1 month).  The buyer payments for the remaining 8 weeks will be cleared.  


No Refund

9.12. If the buyer wants to cancel a booking that has less than 1 month to run on the booking period, then the buyer will receive no refund.

9.13. Example: If the buyer cancels a booking in week 2 of an agreed 3 week agreement, then the buyer will receive no refund.

9.14. If the buyer does not use the parking space or make suitable attempts to find it and contact the owner, then the buyer will receive no refund.

 

Bonds

9.15. Sellers may add a bond to cover the loss or theft of the parking space access device e.g. key, swipe card, remote control.

9.16. The bond is held for the duration of the booking by Parkhound.

9.17. When the booking is completed or the access device returned, the Seller can log on to their dashboard and refund the bond to the Buyer.

9.18. Parkhound will attempt to contact the Buyer and Seller for up to 7 days post the booking completion date to confirm refund of the bond.

9.19. If the bond can't be refunded within 120 days of the booking ending due to Buyer card cancellation or payment transmission issue, Parkhound will retain the whole bond.

 

10. Complaints and Disputes

10.1. The Buyer and Seller agree that in the event of a dispute in relation to this Agreement, you will attempt to resolve it in the first instance by directly communicating with the other party with the contact details given to you by Parkhound.

10.2. In the event that a dispute cannot be resolved with the Buyer or Seller directly, either the Buyer or Seller may refer the dispute to Parkhound.  Parkhound is not obliged to take any steps in relation to the dispute but may, at its discretion, investigate the matter and take any action as deemed appropriate.


11. Liability 

11.1. You agree that we shall not be liable to you in any way whatsoever if you suffer any loss as a result of any governmental authority or any other relevant public authority bringing proceedings against you or taking any other action against you as a relevantesult of listing the Parking Space on the Website or the App.

 

12. Confidentiality

12.1. The Buyer and Seller agree not to disclose any confidential information of each other.  For the purposes of this agreement, confidential information includes information of a confidential nature which is obtained during the course of their contractual relationship or as a result of the use of the Parking Space and which is not publically available information. 

Back