Parking Stall Permit Agreement
The Agreement. This document constitutes the Parking Stall Permit Agreement (“this agreement”).
- This agreement is in respect of bookings made through the ParkChamp app or website and in respect to the granting of permits to use Parking Stalls as made to you by the Owner of the Parking Stall, as made available by ParkChamp (“ParkChamp”). ParkChamp provides the online marketplace platform known as “ParkChamp” that facilitates the management, booking of, payment for and access to parking stalls (“Service”).
- This agreement is between the driver (“Driver”) who has booked a parking stall through the Service and the entity (“Owner”) who listed the parking stall, including the parking lot, garage or parkade in which the parking stall is located (“Parking Stall”). Both parties understand and agree a parking permit (“Parking Stall Permit”) is created and is binding (i) at the time of booking through the Service between the Driver and Owner for hourly or daily parking; or (ii) as part of the Service offered for monthly and tenant parking management; all on the terms of this Parking Stall Permit until the booking ends or the term of your parking contract with the Owner expires. ParkChamp is an intended third party beneficiary of this agreement but it shall have no obligations to the Driver or the Owner under this agreement.
- The Owner agrees to allow Drivers to access the Parking Stall or property (i) in accordance with the applicable booking for hourly or daily parking made through the Service in respect of such Parking Stall; or (ii) in accordance with the Service offered for monthly and tenant parking management in respect of such Parking Stall.
- The Driver agrees that they are responsible for ensuring they use the Parking Stall in accordance with the terms set out in this agreement. The Owner similarly agrees to comply with this agreement.
- Once a Parking Stall Permit has been issued to a driver upon booking or as part of tenant parking management, the Owner authorizes the Driver to use and occupy the Parking Stall specified in the Parking Stall Permit during the entire time specified as issued and as displayed through the Mobile App or Website (“Booking Period”) or as communicated to you by ParkChamp or the Owner.
Cancellation, Refund and Overstay Policies
- Both parties acknowledge and agree that ParkChamp facilitates all bookings and payments for Parking Stall Permits. Each of Driver and Owner agrees that the Cancellation, Refund and Overstay Policies set out at [https://parkchamp.ca/agreements/cancellation-refund-overstay-policy.html], as may be updated by ParkChamp from time to time, shall apply to all Cancellations, Refunds And Overstay that affect a Parking Stall Permit.
Start and End of the Booking Period
- The exact times and dates for the Booking Period for each Parking Stall Permit are set out through the Service at the time of booking or as part of tenant parking management. For monthly parking, each parking permit will begin as of the 1st of the month and continue to be renewed on a monthly basis until cancelled under the terms described in the Cancellation, Refund and Overstay policies. For tenant lease obligated parking, each parking permit will begin on the date specified under the terms of your lease agreement with the Owner and will only be cancellable under those terms specified in your lease.
- The Driver agrees they will not park in the Parking Stall prior to the start of the Booking Period.
- The Driver agrees they will vacate the Parking Stall and cease using the Parking Stall by the end of the Booking Period.
The Driver agrees they will be liable for all loss, damages, costs and expenses arising from the Driver's breach of this agreement:
- The Driver agrees to NOT allow any other person to park in or access the Parking Stall using their account on the Service. For tenants, unless subleasing is expressly permitted under your lease agreement with the Owner.
- The Driver similarly agrees that they are solely responsible for ensuring that only the vehicle matching the license plate they used at the time of booking and as permitted under this agreement, is used to park in the Parking Stall. The Owner and/or ParkChamp may verify that a registered Driver has parked in their space by confirming the license plate of the Driver. The Driver accepts that ParkChamp may provide additional details of the Driver to the Owner upon request.
- The Driver agrees not to access any other part of the property to which the Parking Stall is attached save as expressly permitted herein or as otherwise explicitly allowed by the Owner (for example, the property is accessible by the public generally or the Driver is an existing tenant of the building). The Driver agrees that they are solely to access the property for the purposes of parking and retrieving their vehicle.
- The Driver has the primary responsibility for their own safety and the safety of their vehicle at the Parking Stall and while accessing and departing from the Parking Stall (including any building or site where the Parking Stall is located). Without limiting the foregoing, the Driver shall be responsible for any damage to their vehicle or any other person or property to the extent arising: (i) while they are operating the vehicle (including without limitation arising due to any collision with any part of the site or building in which the Parking Stall is located or accessed, including any gates, barriers or other moving parts); (ii) due to the manner in which they parked vehicle.
- The Driver represents, warrants and agrees that they will:
a. leave the Parking Stall and the property in which it is located in the same condition as they find it;
b. park the vehicle in the Parking Stall without obstructing any adjoining or nearby parking stalls or property;
c. be responsible for the costs due to the Owner should they damage or injure the Parking Stall, the site or building at which the Parking Stall is located, or any property or person at the site or building at which the Parking Stall is located;
d. not conduct any illegal or immoral activity from the Parking Stall;
e. not use the Parking Stall for any purpose other than for parking (this includes but is not limited to the use of the Parking Stall for the storing of goods and camping);
f. maintain valid insurance and registration on the vehicle that is using a Parking Stall as required by applicable law and that any damage that may occur to their vehicle or any other vehicle as part of any motor vehicle incident will be dealt with under the Driver’s insurance company;
g. indemnify and hold harmless the Owner against all loss, liability, damages, costs and expenses arising from the Driver's negligence or willful misconduct in connection with the Parking Stall, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Owner; and
h. park solely at their own risk and hold Owner harmless from any harm that may arise to them, their vehicle or any other property while accessing or using any Parking Stall or the property where the Parking Stall is located.
- Although the Driver has primary responsibility for their own safety and the safety of their vehicle at all times, the Owner will not deliberately do or omit to do anything which will or is likely to put the Driver's vehicle or persons at risk.
- The Owner will make reasonable commercial efforts to ensure the Parking Stall is properly and fully described in the ParkChamp listing in the Service by providing ParkChamp with the correct details of the Parking Stall and in particular if the Parking Stall is not suitable for certain types of vehicles of Drivers (i.e. height restrictions, small car stalls, electric vehicle charging).
- The Owner will ensure that the Parking Stall is available for the duration of the Booking Period and will not obstruct the Driver or prevent the Driver from parking in the Parking Stall during their booking.
Complaints & Disputes
- Each party agrees that if any dispute arises concerning the Parking Stall or otherwise during the Booking Period it shall first be communicated through ParkChamp. Disputes regarding Cancellations, Refunds and Overstays shall be governed by the Cancellation, Refund and Overstay Policy and shall be determined by ParkChamp. In respect of all other disputes, ParkChamp reserves the right to mediate between the parties, but shall not be responsible for such disputes. If such mediation is not successful, any further escalation of the dispute is solely between Driver and Owner, and each party authorizes ParkChamp to communicate their respective contact details to the other.
- Any such complaint or dispute must be submitted in writing by using the Support icon on the Mobile App or Website or via email to firstname.lastname@example.org within 2 business days of the end of the Booking Period.
Claims & Liability
- The Owner is not liable to the Driver for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any consequential, special, indirect, or exemplary damages whatsoever arising out of this agreement, the Parking Stall or the Booking Period however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.
- To the greatest extent permitted by law, the Owner’s liability for all losses (with the exception of willful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence or willful misconduct on the part of Owner) will be limited to the amount of the Parking Stall fees and charges paid by the Driver.
- Each party agrees that they have the power and authority to enter into this agreement.
- Neither party will be entitled to assign or sub-contract their obligations under this agreement (except for any duties which may be carried out by ParkChamp as agent for the Owner as set out in this agreement).
- Neither party will be liable to the other or be deemed to be in breach of this agreement 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 beyond their reasonable control (such as severe weather, power or other utility failures, burglary, natural disaster, strikes, governmental action, terrorism, war or civil unrest).
- The parties agree that the terms of this agreement are fair and reasonable in all the circumstances. However, if any provision of this agreement is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in this agreement are held not to be valid the remaining provisions of this agreement shall remain in full force and effect.
- If the Parking Stall is located in Canada, these terms will be interpreted in accordance with Canadian Laws.
- If the Parking Stall is located outside of Canada, this agreement will be interpreted in accordance with the laws of State in which the Parking Stall is located, without regard to its conflict-of-law provisions and both parties agree to submit to the personal jurisdiction of a state court located in the county in which the Parking Stall is located or the closest United States District Court to the Parking Stall.
CANCELLATION, REFUND AND OVERSTAY POLICIES
Terms used in this policy have the same meaning as given to them in the Parking Stall Permit Agreement [https://parkchamp.ca/agreements/parking-stall-permit-agreement.html].
- Cancellation Policy
- For daily, hourly, and on-demand parking there is no cancellation option for the Driver after the Booking Period has begun or after the time the Driver has parked. Cancellations for daily parking must be made by 11:59 PM on the day prior to the day of the Booking Period unless otherwise specified in the Parking Stall Permit. For any such cancellation, the Driver agrees there will be a non-refundable charge of $1.36 per cancellation.
- Cancellations for monthly parking must be made given one calendar month’s notice. For monthly parking, Drivers understand that they will be charged for the current month until the end of the following month.
- Cancellations for tenant parking managed through the Service will be in accordance with the policy of the Owner as per the lease agreement.
- If a daily, hourly, or on-demand Parking Stall is booked, but then goes unused by the Driver (and has not been cancelled by the Driver in accordance with section 1.1):
a. the Driver is not entitled to any refund; and
b. the Driver will pay the full rate for the booking.
- If a Parking Stall Permit is issued to an hourly or daily Driver, the Owner may not cancel the booking or remove the Parking Stall from the system during the Booking Period even if such stall is not currently occupied.
- If the Driver’s payment fails when payment is due, then ParkChamp may revoke access to and refuse the use of any Parking Stall to the Driver.
- Refunds for cancellations completed in accordance with section 1.1 will typically be issued by ParkChamp within 48 hours of the cancellation, or as soon commercially reasonable after that.
- Without limiting any other right of ParkChamp or the Owner, any vehicle that overstays the applicable Booking Period may be towed at the Owner’s discretion and removed to such location as the towing company may determine. Neither ParkChamp nor the Owner are required to grant any assistance to the Driver in respect of recovery of any vehicle so towed other than to provide details of the towing company.
- ParkChamp reserves the right to use the Service to track any additional time stayed in the Parking Stall by the Driver. Following the end of the Booking Period, failure by the Driver to exit the location with their vehicle in which the Parking Stall is located is deemed sufficient evidence of continued usage of that Parking Stall.
- The Driver agrees they will be liable to pay the full price for any fees or costs relating to overstaying the Booking Period in the Parking Stall. Such fees and cost will be charged automatically by ParkChamp to the credit card on file. The Driver will be liable to pay:
a. Any additional costs incurred by the Owner as a result of the overstay.
b. Any fees relating to the towing and impounding of the Driver’s vehicle.
c. Any additional parking fees in relation to their overstay which will automatically be charged through the Service, together with any additional fees for any related support, onsight dispatch, access request or aid in removing or accessing the vehicle or in relation whatsoever to managing the overstay of the Driver on behalf of the Owner.
- The Driver is aware that in the event of an overstay in certain locations where access is restricted, the Driver may be prevented through the Service from accessing the property and their vehicle until the next day when such property is accessible. The Driver agrees they may still be charged and subject to towing as a result of this overstay.
OneUpMad Productions Inc. ParkChamp 2020