AO Arena Parking

On the service (as defined below) of AO Arena Parking located at Celebration Village, 149 Great Ducie Street, Manchester, M3 1FB, (“AO Arena Parking”, “us”, “we” or “our”), these Terms of Use (“Terms”) apply. These terms and conditions apply to any agreement between AO Arena Parking and the user of the service (“customer”, “you” or “your”). These conditions can be found on the AO Arena Parking website.

1. Definitions Certain terms appearing in these terms have fixed meanings (whether or not the term is capitalized), unless otherwise noted:

1.1. “Agreement” means any agreement between AO Arena Parking and the customer regarding the use of (any aspect of) the service, which can take any form, including an electronic or distance contract, whether in writing or not;

1.2. “ANPR”: automatic number plate recognition;

1.3. “Parking Compound”: the parking facilities in the area and/or building managed by (or on behalf of) us and intended for the parking of vehicles;

1.4. “Confidential Information” means information from AO Arena Parking regarding the Service, documentation, software, trade secrets contained therein and any other written or electronic information that is either (i) marked as confidential and/or proprietary, or accompanied by written notice that such information is confidential and/or proprietary, or (ii) is not marked or accompanied by a notice that it is confidential and/or proprietary, but which, if disclosed to third parties, could reasonably and foreseeably cause competitive harm to the owner of such information. Confidential information does not include information that, as demonstrated by you: (i) is publicly available,

1.5. “Force majeure situations”: all events or circumstances, or a combination of such events or circumstances, that cannot be attributed to AO Arena Parking, including but not limited to failures in the internet or other telecommunications facilities, failures of (third) parties on which AO Arena Parking depends in the provision of the service, power failure or malfunction and/or the unavailability of one or more staff members (due to illness).

1.6. “Parking Fees”: all unpaid parking fees, together with an additional amount estimating the additional costs AO Arena Parking will incur as a result of the customer's non-compliance;

1.7. “Parking Fee Notification”: a notice requesting the customer to pay unpaid parking fees;

1.8. “RDW”: Road Traffic Department;

1.9. “Reservation”: the online reservation made by the customer, via the Service or a third-party app connected to the Service, for a parking space (other than a designated parking space) in a parking space on a specific date and time, by providing the vehicle registration certificate and other personal data necessary for AO Arena Parking to process the reservation as indicated;

1.10. “Service”: AO Arena Parking's software and technology for reserving, entering and using parking spaces that allow the customer to park in vacant parking spaces via the AO Arena app, which may be integrated into third-party apps;

1.11. “Subscription”: the agreement that enables the customer to use a specific parking garage, whether or not for a certain period, for which he pays a monthly subscription fee to AO Arena Parking;

1.12. “Third Party Apps” means any third party app into which the service is integrated to provide it (including but not limited to Parkmobile, Park-line, Ringo and/or other third party app providers);

1.13. “Vehicle” means any vehicle used to carry passengers or objects and entering the car park, including any mechanical device on wheels or tracks, its equipment and accessories; 

2. Services – General

2.1 The customer can purchase the service, including a reservation, directly from AO Arena Parking or via a third-party app (such as other parking apps). When using third-party apps, payment is handled by the provider of that app. For the sake of clarity: an agreement is concluded between the customer and AO Arena Parking as soon as the service or reservation has been purchased/made. Payment for a reservation does not include the actual parking fee.

2.2 The third-party app provides AO Arena Parking with the necessary information about your vehicle in order to provide the service.

2.3 When the customer uses the service to make a reservation for which he pays the parking fee in advance (AO Arena Parking prepaid reservation), the customer purchases the reservation directly from AO Arena Parking. The payment is therefore handled by AO Arena Parking. If the customer wishes to stay longer than the prepaid period, he can extend and pay for his reservation via the 'stay longer' option on the entrance page.

2.4 When the customer uses the service to immediately reserve a parking space (“AO Arena Parking Go”) upon arrival at the parking garage, the customer purchases the service directly from AO Arena Parking. The customer receives a link with which he can drive the customer into the parking garage. The customer pays via a link before exiting the parking garage. 

3. Subscription

3.1 A subscription is purchased directly from AO Arena Parking. As soon as the subscription has been activated, the customer can enter and exit the relevant parking garage at any time.

3.2 The customer must create a user account in order to use a subscription. The user account allows the customer to subscribe to a parking garage and set a monthly billing cycle.

3.3. After payment of the first billing cycle (one month) by the customer, a subscription is active. The date of payment is the date on which a subscription is activated. This payment date may change, for example in the event of non-payment. If the monthly amount is not paid within 72 hours of the payment date, a subscription will automatically expire.

3.4 The customer can cancel a subscription at any time via his user account. In any case, a subscription will remain active until the end of the then current billing cycle.

3.5 AO Arena Parking can cancel a subscription at any time due to unforeseen changes with regard to the parking garage. The subscription will automatically terminate at the end of the billing cycle. The customer has the option to change the subscription to another location, by contacting AO Arena Parking customer support.

4. Rate and reservation costs

4.1. The parking fee payable by the customer (as applicable from time to time) will be displayed in the payment overview of the service via third party apps and the service. The fee payable by the customer for a reservation is reflected in the reservation process and must be accepted in order to successfully complete a reservation. Depending on how a reservation is made, the reservation fee must be paid directly to AO Arena Parking in advance, or afterwards, for example via third-party apps.

4.2. Unless otherwise agreed, the customer is obliged to pay the parking fee and the reservation costs and to follow the instructions in the payment overview, as supplemented by these conditions. If you fail to do so, we may impose a parking fee notice on you (see Section 7 (Parking Violations) of these Terms).

4.3 AO Arena Parking is at all times entitled to adjust the parking costs and reservation costs in a reasonable manner and to the extent permitted by law and/or to change the pricing model.

4.4 AO Arena Parking can use a dynamic pricing model to determine the correct parking rate. This is determined by algorithms, supply and demand and can differ per customer.

5. Reservations

5.1. You are advised that in certain designated car parks it is possible to pre-book a parking space for a certain period, as indicated when making the reservation. A reservation may in some situations be required to use the services in a particular car park.

5.2. Once a reservation has been made, the customer has the right to access the respective car park for a limited period of time, as indicated during the reservation. Before making a reservation, please ensure that you can enter the car park building within the stated time frame.

5.3. Once a Reservation has been made, it cannot be canceled, modified or withdrawn after 30 minutes from the time the reservation was made and within 24 hours before the start of the reservation, as communicated to the customer at the time of booking. No refunds will be made by AO Arena Parking with regard to reservations. In exceptional situations where AO Arena Parking cannot comply with the customer's request regarding a reservation (ie no free parking space is available), the customer is entitled to a refund of (part of) the reservation fee, provided that the customer informs AO Arena Parking of this without delay. Notify us at support@AOArena-Parking.com.

5.4. To make a reservation, AO Arena Parking needs the registration number of the customer's vehicle. Once a reservation has been made, the customer can enter the car park with the vehicle whose registration is indicated and/or using third-party apps, in accordance with these terms and conditions. The parking garage recognizes the license plate using automatic number plate recognition (ANPR), so that the customer can drive in and out.

5.5. With AO Arena Parking's prior written permission, certain regular customers, selected by AO Arena Parking, can enter and exit a parking garage based on their license plate, without having to make a reservation first.

7. Parking violations

7.1. It is important for the effective management of the parking garage that:

a. The customer complies with all signs and traffic regulations in the parking garage, the applicable specific location/garage conditions and the parking fee owed by the customer; 

b. The customer parks within the boundaries of a designated parking space for AO Arena Parking;

c. The customer shall not park in a space designated for a specific purpose if he is not authorized to do so (for example, and without limitation, parking in a space designated for the disabled without an appropriate disabled badge being affixed, and/or parking in a compartment for electric vehicles when not using the charging facility); and

d. The customer pays all amounts due for his parking and meets the requirements set out in Article 12 (Types of tickets and payment methods) of these conditions.

7.2. If the customer does not meet the obligations mentioned in 7.1, AO Arena Parking can send the customer a parking fee notice in which the customer is summoned to pay the parking costs. The parking costs related to a violation of the obligations under 7.1 are £50 per violation, and are collected via payment methods offered by third-party apps, or by AO Arena Parking itself.

7.3. If the parking garage and/or the equipment present therein is damaged by the customer, his vehicle or its contents, or the occupants of the vehicle, then the customer, except insofar as the damage arises as a direct result of intent or deliberate recklessness of AO Arena Parking, responsible and liable for the damage and indemnifies AO Arena Parking against claims from third parties in this regard.

8. Vehicle safety

8.1. Unless a AO Arena Parking staff member requests not to do so in an emergency, the customer must ensure that their vehicle is left securely locked and with all windows closed and any vehicle alarm, steering wheel lock or similar device fitted must be switched on. AO Arena Parking is not responsible or liable for any damage and/or loss resulting from the customer's failure to properly secure his vehicle.

8.2. AO Arena Parking recognizes that video surveillance can act as a deterrent to criminal activity, but makes no representations regarding the coverage provided or guarantee of the security of the customer's vehicle if video surveillance cameras are installed in the car park. 

9. Possessions

9.1. All belongings left in a vehicle are left there entirely at the customer's risk. AO Arena Parking advises the customer to ensure that no external objects are visible. AO Arena Parking is not liable for any theft by third parties from the customer's vehicle.

10. Enforcement of these terms AO Arena Parking can check manually and in an automated manner, including through camera surveillance, ANPR and the analysis of parking data (such as check-in and check-out times), whether the customer complies with these conditions. In addition, AO Arena Parking reserves the right to request additional information from the vehicle registration register of the RDW. AO Arena Parking can also engage services of third parties, such as private security or enforcement companies. Where these conditions stipulate the right for AO Arena Parking to impose additional fines and/or parking costs, those fines/costs can be collected by AO Arena Parking itself, among other things, via payment methods offered by third-party apps, or via a bailiff.

11. Safety in the parking garage

11.1. For safety reasons, the customer is not allowed to stay in his vehicle or elsewhere in the car park, except for parking or exiting the vehicle. After the Customer has parked his vehicle, the Customer must immediately proceed to the nearest passenger elevator, stairs or exit, following the recommended route (if any). Customers are only entitled to use the Car Park in accordance with these terms and conditions and additional instructions to the extent applicable and shall not have access to any other buildings, locations or other places in connection with the Car Park unless such buildings, locations or places are provided with AO Arena Parking signs indicating that these are AO Arena Parking-approved walking routes. 

12. Ticket types and payment methods

12.1. Depending on the available payment methods, the customer must pay the parking fee, including any reservation costs, via the service or via third-party apps in which the service is integrated. AO Arena Parking reserves the right to offer other payment methods through the service.

12.2. The (digital) parking ticket is only valid for the vehicle for which it was issued.

13. Vehicle access and movement

13.1. AO Arena Parking reserves the right to refuse vehicle access to the car park for any legitimate reason.

13.2. AO Arena Parking reserves the right to move vehicles within the car park in ways we deem appropriate (even if, as a result, damage is caused to your vehicle) to the extent reasonably necessary for the safety of persons or property , or to avoid a blockage in the parking garage.

13.3. AO Arena Parking reserves the right, on its own initiative or at the request of the party offering the parking garage, to move or have vehicles moved or removed from the parking garage, using the method we deem appropriate (even if damage to your vehicle as a result), in the event that the vehicle is parked in the car park for longer than the permitted parking time specified to the customer via the service.

13.4. AO Arena Parking also reserves the right to request a competent authority to move a vehicle to another reasonably suitable parking garage, whether or not operated by AO Arena Parking, if the parking garage has to be unexpectedly closed permanently or temporarily, in whole or in part, as a result of a matter beyond AO Arena Parking's sphere of influence, or if the parking garage has to be evacuated in an emergency.

13.5. To the extent necessary in the context of exercising the rights granted to AO Arena Parking in this article, AO Arena Parking reserves the right to drive or otherwise take your vehicle on public roads. AO Arena Parking will take reasonable care of the vehicle. 

14. Abandoned vehicles

14.1. AO Arena Parking is entitled to any vehicle that is left in the parking garage for more than 28 days without prior notice to AO Arena Parking, or that is not known to be covered by an ongoing valid reason, subscription or other ticket or reservation.

14.2. AO Arena Parking reserves the right to engage and/or allow a competent authority to remove an abandoned vehicle (or if we are unable to identify the current legal holder of the vehicle, take steps ourselves to remove the vehicle disposal) and dispose of or sell as waste. Before proceeding with the removal or sale of abandoned vehicles, AO Arena Parking will:

a. present the case to the competent authorities, which may include the local police and the DVLA; and

b. at least seven (7) days prior to the date on which AO Arena Parking intends to remove the vehicle, affix a notice to the vehicle stating that the vehicle will be removed and sold upon expiration of that term.

14.3. Abandoned vehicles are disposed of as waste or auctioned. In the event of a sale by AO Arena Parking, the sales proceeds will be used to settle all amounts owed to AO Arena Parking, together with the selling costs and the reasonable storage and disposal costs of AO Arena Parking for the period in which the vehicle is in AO Arena Parking's possession.

14.4. Any remainder of the sales proceeds after payment of the amounts owed will be held by AO Arena Parking on behalf of the registered holder of the vehicle and paid out upon presentation of proof of entitlement thereto 

15. Prohibited Activities and Abuse of the AO Arena Parking Service

15.1. The customer may not tow a vehicle into the parking garage, except in the context of services offered in the parking garage by persons authorized to do so by AO Arena Parking. Furthermore, no work on and cleaning of vehicles by the customer or his authorized representative is permitted in the parking garage, other than with the prior express permission of AO Arena Parking. In the event of a car breakdown, the customer must contact the parking attendant to ensure that removal or repair of the vehicle is arranged without disruption, damage or danger to other persons or property in the car park.

15.2. No activities related to the sale, rental or other disposal of vehicles or goods or services may be conducted in the parking garage without the prior specific written consent of AO Arena Parking.

15.3. The customer is not allowed to dispose of objects or to throw away waste in the parking garage. Customers are kindly requested to deposit or take their waste in the appropriate bins when they leave the car park.

15.4. Customers are not allowed to pour gasoline or any other fuel into their vehicle while it is in the car park. Customers are also not allowed to remove petrol, or any other fuel, from their vehicle while it is in the parking garage.

15.5. Smoking is prohibited in the car park as well as in the immediate vicinity.

15.6. Antisocial behavior is not accepted in the AO Arena Parking car parks. This includes (but is not limited to) drinking alcohol, using or dealing drugs, fighting and/or loitering. Parking garages are intended solely for the parking of vehicles. If customers are a nuisance or disturbance to others, this can be registered by the video surveillance and measures can be taken against them.

15.7. Customers are not allowed to take photos or film recordings in the parking garage without written permission from AO Arena Parking.

15.8 The customer must pay for the entire time that the vehicle is parked in a parking garage, as well as for any reservation, in accordance with the agreed agreements and rates. The customer may not artificially or fraudulently shorten or otherwise manipulate the time for which he actually has to pay. For example, the customer is not allowed to pretend to leave the car park with his vehicle while the vehicle is still parked, or to pretend to enter a car park with his vehicle while that vehicle is already parked in the car park stands. In case of violation of this article, the customer owes an additional fine of EUR 300 

16. Confidentiality

16.1. The customer undertakes to maintain confidentiality of confidential information about AO Arena Parking. The customer will in no way give confidential information about AO Arena Parking, including (but not limited to) information about the service, its provision, activities, financial matters, business plans, intellectual property law, information system, working method, employees and suppliers with regard to the service. make known to anyone. The foregoing does not apply if and insofar as:

a. The customer is legally obliged to make such information public, in which case the customer will consult with AO Arena Parking about how this will be done; or

b. AO Arena Parking's customer has obtained prior written consent.

17. Data Protection and Privacy

17.1. AO Arena Parking processes personal data (including data relating to the registration number or owner of a vehicle) in accordance with the applicable AO Arena Parking privacy statement. This can be consulted at https://AOArena-Parking.com/privacy.

18. Ownership and Restrictions

18.1. Customer acknowledges that all right, title and interest in and to the Service is owned by or licensed to AO Arena Parking, as well as all software applications and APIs related to the Service, and all changes and improvements thereto, content, materials and information that made available through the Service, including but not limited to any intellectual property rights, and that such rights are protected by international intellectual property law.

18.2. Customer may not: (i) copy, reproduce, modify or create derivative works from the Service; (ii) license, sublicense, sell, rent, lease, distribute, transfer, part-time, assign, or resell the Service, or use the Service as a basis for developing a competitive solution (or contract with third parties to do this); or (iii) remove or alter the logos, trademark, patent or copyright notices, confidentiality or proprietary legends, or other notices or markings appearing on or in the Service. The customer uses the service in accordance with all applicable laws and regulations.

18.3. Customer may not: (i) sublicense its right to access and/or use the Service; (ii) not grant unauthorized persons or third parties access to or use the service; (iii) not use the Service to provide services to third parties; (iv) republish or redistribute any content or material from the Service; and (v) make no changes to the Service; (vi) circumvent (technical) measures or misuse the service in any way to prevent or limit the payment of the parking fees owed.

18.4. Customer will not authorize or encourage any third party to (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by AO Arena Parking; or (ii) use any robot, spider, other automated device or manual process to monitor or copy the content of the Service.

18.5. If the customer does not comply with this article 18 of the conditions, AO Arena Parking can send the customer a parking fee notice in which the customer is summoned to pay them. The parking costs associated with an infringement of this Article 18 are £50 per infringement. 

19. Intellectual property

19.1. The customer acknowledges that all right, title and interest in and to the Service are owned by or licensed to AO Arena Parking and all modifications and extensions thereof, including but not limited to all intellectual property rights, and that these rights are protected by, under other US, European and international intellectual property laws.

20. Duration and Termination

20.1. The terms and conditions will continue to apply until terminated by AO Arena Parking or the customer as follows.

20.2. The customer has the right to terminate the agreement at any time, for any reason or no reason, by unsubscribing from the service, unless otherwise agreed or if the customer has a subscription.

20.3. AO Arena Parking may at all times terminate the agreement in whole or in part in writing (by e-mail) with immediate effect and without payment of any compensation in the event (i) the customer has acted contrary to these terms and conditions (ii) the provision of the service is no longer commercially viable or desirable by AO Arena Parking to the customer, such at AO Arena Parking's sole discretion.

20.4. Any provisions intended by their contents to survive the expiration or termination of these terms, including (without limitation) intellectual property ownership and use provisions, warranties, liability, indemnification, applicable law and jurisdiction, shall survive the expiration or termination of these terms and conditions.

21. Force of the majority

21.1. AO Arena Parking is not liable for non-compliance with its obligations under the terms and conditions, if this non-compliance is caused by a force majeure situation. In the event of force majeure, AO Arena Parking has the right to suspend the (further) performance of the service. 

22. Third Party Apps

22.1. The service can be integrated into third-party apps. These third-party apps are subject to their own terms and conditions and/or other relevant terms and conditions or (privacy) policies. Customer's use of these third-party apps is governed by and subject to such terms and conditions and/or other relevant terms or (privacy) policies. Customer acknowledges and agrees that AO Arena Parking is not responsible or liable for the customer's use of any third party app and/or for any transaction that customer enters into with the provider of such third party app

23. Liability

23.1 The customer acknowledges and agrees that parking is at his own risk. The agreement does not include permanent surveillance of the vehicle by AO Arena Parking or the relevant garage or property owners.

23.1.1 AO Arena Parking cannot be held liable, to the extent permitted by law, for damage resulting from theft and loss of the vehicle, or other damage to the vehicle or other property of the customer placed in the relevant car park.

23.1.2. The limitations of liability as stipulated in this article 23 can also be invoked by the relevant parking garage or property owner against the customer.

23.2 The customer acknowledges that the service, as an internet-delivered software application, may experience periods of downtime, including but not limited to scheduled maintenance and that AO Arena Parking is dependent on the availability and accessibility of third-party software (including but not limited to the Parkmobile app). AO Arena Parking makes no representations or warranties, either express, implied or statutory, with respect to the service offered hereunder, including the service and all documentation, content, data and materials made available with the service. AO Arena Parking expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. AO Arena Parking does not warrant that the Service will be error-free or will operate without interruptions or downtime,

23.2.1. In no event shall AO Arena Parking be liable to the customer for direct, indirect, incidental, special, punitive or consequential damages (including but not limited to lost profits, lost savings, damages due to business interruption, reputational damage) arising out of and/or in connection with (i) claims of any kind arising from the Terms (ii) errors, or inaccuracies of content or information available through the Service (iii) personal injury or property damage, of any kind, resulting from your access to and use of our Service ( iv) any errors, viruses, bugs, Trojan horses, interruptions or downtime of the service and/or third party software (including but not limited to the Parkmobile app) (v) use of the service by the customer.

23.2.2 The limitation of liability included in this article does not apply to damage that is the result of intent or deliberate recklessness on the part of AO Arena Parking.

23.3 Customer agrees to indemnify and hold harmless AO Arena Parking, and its affiliates, management, officers, agents, subcontractors, and employees from any third-party claim arising out of or in any way related to (i) the use of the service by the customer, its affiliates, management, officers, agents, subcontractors and employees, and/or other persons, (ii) breach of the terms, including liability or costs arising out of all claims, losses, damages (actual and consequential damages), lawsuits, judgments, litigation costs and attorneys' fees, regardless of their type and nature. 

Your Terms and Conditions section is like a contract between you and your customers. You make information and services available to your customers, and your customers must follow your rules.

24. General

24.1. AO Arena Parking reserves the right to unilaterally change these terms and conditions, which changes will take effect immediately or after AO Arena Parking has made them available to the customer, to the extent required by law. If the customer does not agree to the revised terms, the customer must stop using the service.

24.2. Each term and condition in this agreement has separate effect. If any court or relevant authority finds any of these members to be unlawful, the remaining members shall remain in full force and effect.

25. Applicable law and jurisdiction

25.1. English law applies to these terms and conditions and their interpretation.

25.2. Any dispute arising from or in connection with these terms and conditions will be submitted to the competent court in England, without prejudice to the right of appeal.