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Terms and Conditions

1. Introduction

1.1 These terms and conditions ("Terms") apply to all bookings for services made through www.birminghamairport.co.uk and all URL’s operated by Birmingham Airport Limited (together referred to as the "Website"). Please read carefully those Paragraphs of these Terms which apply to the services you are buying (any or all of Paragraphs 2 (for car parking), 3 (for Premium Meet and Greet parking), 4 (for lounges) or 5 (for Express lane security). Please then read Paragraphs 6 to 9 which apply to all customers.

1.2 The Website is owned and operated by Birmingham Airport Limited (Company Number: 02078273) ("BAL") which is incorporated in England. The registered office of Birmingham Airport Limited is Diamond House Birmingham Airport, Birmingham, West Midlands B26 3QJ.

1.3 In these Terms, references to "the Airport" are references to Birmingham Airport. In these Terms "you" and "your" refer to any person who makes a booking via the Website and "we" and "us" refers to BAL. The contract for car parking, premium meet and greet parking, Express Lane security or lounges is made between you and us.

1.4 The VAT number for BAL is GB 687903777 .

1.5 These Terms contain important information and they specify those matters for which we do not accept responsibility.

1.6 Should you need to contact us please either email us at customerservice@ncp.co.uk. or call us on 0345 0507080.

2. Car Parking

2.1 If you book car parking via the Website, you will be making an offer to us to purchase parking and/or related services at a car park.  Placing your order does not mean that your order has been accepted.  All orders are subject to acceptance by us, and we shall confirm our acceptance to you by advising that your booking is confirmed.  The contract between us will only be formed when we advise that your booking is confirmed. You will be given a unique booking reference number ("Booking Reference"), via an email when your booking has been confirmed.

2.2 The booking you make is non-transferable either from you to someone else or between different car parks.

2.3 The booking you make is valid only for the times, dates, price, car park specified in your booking.

2.4 The following terms and conditions apply to the use of the car park:

2.4.1 All prices shown are in pounds sterling and include VAT at the prevailing rate. We accept payment by credit card and debit card.

2.4.2 Car parks are priced per 24 hour period or part thereof. Prices are subject to change. Quotes are valid at the time of booking only. The number of "days" (24 hour periods) charged for when you pre-book is calculated on the basis of the times you select when making your booking. However, if your actual entry and exit time changes from that specified in your booking and as a result your actual time in the car park runs into another 24 hour period or part thereof over and above that booked, you will be liable for additional charges at the drive up tariff. This is set out at the entrance to the car park, and this amount must be settled before you leave the car park. Please note that this applies irrespective of the reason why you are late back into the car park, unless your delayed return is caused by our negligence.

2.4.3 A car park levy of 20p applies at Birmingham Airport. This is outside the scope of VAT and is being collected on behalf of Birmingham Airport by NCP acting as agent for the Airport. This is to contribute to increased use of public transport access to the Airport.

2.4.4 When you enter the car park, it is imperative that, at the gate, you follow the instructions you have been issued with (via email). Please be aware that some car parks use a number plate recognition service and as such if your number plate is not recognised or is not consistent with the number plate for which you have booked, you may not be allowed in. If you experience difficulty and have pre-booked car parking please press the help button at the barrier and speak to a member of staff.

2.4.5 If you are issued with a car parking ticket on entry to the car park, please retain this in a safe place as you may need it to exit. On exit please follow the instructions issued to you at the time of booking.

2.4.6 When you have parked your vehicle, it is your responsibility to:

2.4.6.1 lock your vehicle securely;

2.4.6.2 fully close all windows of your vehicle;

2.4.6.3 apply your handbrake properly;

2.4.6.4 engage any steering lock, alarm or immobiliser you have;

2.4.6.5 not leave any animal or person within your vehicle;

2.4.6.6 ensure that your possessions are placed in a locked boot and are not on display.

We cannot be held responsible for any loss or damage whatsoever occurring to your vehicle or possessions within it resulting from your failure to do these things. BAL and its subcontractors do not accept any valuables or other articles for safe custody.

2.4.7 You must drive carefully and responsibly in the car park. You must also ensure that any children and animals are properly supervised and are at all times accompanied when they are using the car park. Please take care to be aware of all vehicles in motion within the car park.

2.4.8 You must comply with all directional signage and other instructions when in the car park.

2.4.9 You must comply with the general car park terms and conditions relating to use of the car park which are displayed at the car park and are accessible at http://www.ncp.co.uk/help-centre/website-terms-and-conditions/car-park-terms-and-conditions/. By completing the booking and parking at the car park you are agreeing to abide by the NCP general car park terms and conditions.

2.4.10 We do not accept liability for:

2.4.10.1 damage to your vehicle (whether caused accidentally or by way of vandalism);

2.4.10.2 theft of, or from, your vehicle, while the vehicle is in the car park, unless such damage or theft is caused by the negligence of BAL or its agents or employees, and then only to the extent that our negligence has caused or contributed to the relevant damage or theft.

2.4.11  NCP’s car park terms and conditions will apply if you fail to collect your vehicle more than 28 days after the date which you have specified for exit in the booking.

2.4.12 While we use reasonable endeavours to ensure that the car parks are secure, we do not guarantee that they are a secure environment.

2.4.13 If you have paid to use a premium parking service in any car park, we shall endeavour to ensure that this is available to you upon arrival, but cannot guarantee availability of the relevant facilities. Should the premium service not be available, we shall refund to you the difference between the cost of the premium service and the standard rate for the relevant car park for the time during which your vehicle is within it.

2.5 The following terms apply to use of the transfer service:

2.5.1 Please be aware that you need to leave an appropriate amount of time to reach the terminal building from the car park using the transfer service. Guides to the estimated transfer time (in normal traffic conditions) and the frequency of buses are set out on the Website, but in addition to this you should ensure that you factor in time to find a space, get your luggage out of the car, lock the car and walk to the relevant bus stop. We do not accept responsibility if you miss your flight or your airline check-in has closed because you have not left enough time to get into the car park, and then from the car park to the terminal.

2.5.2 The estimated frequency of the buses and the estimated journey time to the terminal (in normal traffic conditions) is set out on the Website.

2.5.3 Please ensure that you remember to take all your luggage off the bus when you arrive at your terminal. We do not accept responsibility if you miss your flight or your airline check-in has closed because you have to recover luggage which you have left on the bus. We do not accept liability for increased duration of transfer times from car park to the terminal building which are caused by exceptional volumes of traffic, road works or accidents, mechanical breakdown or failure, adverse weather conditions or staff shortages (howsoever caused).

2.6 In using the car park, you agree to abide by any additional terms of such use that may be displayed in or around the car park. These may include, but are not limited to, terms regarding permissions to be in the car park and penalties for parking in prohibited places.

2.7 Please refer to NCP’s car park terms and conditions for the policy on vehicle removals.

2.8 Please refer to NCP’s car park terms and conditions for the policy on vehicle obstructions.

2.9 The following are not permitted in the car park, and we reserve the right to refuse to allow you to use the car park if you carry out any of these activities in the car park:

2.9.1 conducting any service work, cleaning or repairs to your vehicle;

2.9.2 carrying out any business activity, including but not limited to in connection with selling, hiring or other disposal of your vehicle;

2.9.3 filling or emptying of fuel tanks;

2.9.4 misusing or damaging any part of the car park;

2.9.5 parking outside of a designated parking bay (appropriate to your vehicle) or otherwise as instructed by car park staff;

2.9.6 driving dangerously or too fast;

2.9.7 making unnecessary noise or nuisance, including playing music in a way that annoys other users of the car park or people living or working nearby;

2.9.8 filming or taking photographs;

2.9.9 cooking or lighting fires;

2.9.10 using the full facilities of a camper van, including but not limited to the toilet, bathroom and kitchen;

2.9.11 doing or attempting to do anything which is a criminal offence;

2.9.12 spending excessive time (as we may determine) in your vehicle in the car park. This includes sleeping in your vehicle.

3. Premium Meet and Greet Parking

3.1 All prices shown are in pounds sterling and include VAT at the prevailing rate. We accept payment by credit card and debit card.

3.2 When at the Premium Meet and Greet parking reception area, you must drive carefully and responsibly. You must also ensure that any children and animals are properly supervised and are at all times accompanied when they are at the reception area. Please take care to be aware of all vehicles in motion within the reception area.

3.3 When you have parked your vehicle at the reception area, it is your responsibility to:

3.3.1 lock your vehicle securely (but leave the key with us);

3.3.2 fully close all windows of your vehicle;

3.3.3 apply your handbrake properly;

3.3.4 not leave any animal or person within your vehicle;

3.3.5 ensure that your possessions are placed in a locked boot and are not on display.

We cannot be held responsible for any loss or damage whatsoever occurring to your vehicle or possessions within it resulting from your failure to do these things. BAL and its subcontractors do not accept any valuables or other articles for safe custody.

3.4 You must comply with all directional signage and other instructions when in the reception area.

3.5 We are responsible for ensuring that your car is driven carefully by us or our subcontractors, and BAL and its subcontractors are insured for any loss or damage to your vehicle which occurs as a result of the negligent driving of the BAL’s employees and subcontractors who are providing the Premium Meet and Greet parking service. As such, we will pay to you the reasonable cost of repairing any damage to your vehicle which is caused by the negligent driving of our employees and subcontractors while they are providing the Premium Meet and Greet parking service, but the aggregate liability of BAL and its subcontractors to you shall be limited to £50,000 (fifty thousand pounds).

3.6 We do not accept liability for damage to your vehicle (whether caused accidentally or by way of vandalism) while the vehicle is in the car park/reception area.

3.7 We do not accept liability for theft of or from your vehicle unless you have entrusted the keys of the car to BAL or its subcontractors and then only provided that the keys have been used in order to carry out the theft.

3.8 You should ensure that you leave with BAL’s employees or subcontractors only your ignition key, the key to your driver’s door and the key for any security or immobilisation device fitted to your vehicle. BAL and its subcontractors accept no liability for any loss or damage suffered by you where you leave other keys with us.

3.9 By leaving your vehicle with BAL’s employees or subcontractors, you warrant that the vehicle is and at all times while in our custody shall be roadworthy, has a valid MOT, tax disc and is properly insured so as to comply with all relevant legislation in the United Kingdom. You hereby indemnify BAL and its subcontractors in respect of all claims, losses, damages, costs and expenses suffered by BAL or its subcontractors arising from any breach of this warranty. You accept liability for all harm suffered by third parties as a result of any breach of this warranty.

3.10 NCP’s car park terms and conditions will apply if you fail to collect your vehicle more than 28 days after the date which you have specified for exit in the booking.

we will deem the vehicle to have been abandoned. In such circumstances, providing we serve not less than 28 days notice in writing via recorded delivery to the address provided at the time of booking, we shall be entitled to remove and sell the vehicle and deduct from the proceeds both our reasonable handling expenses and any unpaid sums for days in which the car has been in the car park calculated at the drive up tariff. We will then remit the balance to the credit card of the person who has made the booking (unless we are notified to do otherwise in writing). Our rights of disposal set out herein are in addition to any of our rights to dispose of unclaimed vehicles under the Torts (Interference with Goods) Act 1977.

3.11 While we use reasonable endeavours to ensure that the car parks are secure, we do not guarantee that they are a secure environment.

4. Airport Lounge Services

4.1 Please note that we do not provide lounge or related services to you directly, but the services covered under this Paragraph 4 are provided by designated operators. Their terms and conditions apply to your use of lounge and related services in addition to those set out in this Paragraph 4, and are available at:

4.1.1 No.1 Lounge terms and conditions http://www.no1traveller.com/terms.htm#loungeentryconditions ;and

4.1.2 Aspire by Servisair terms and conditions http://www.executivelounges.com/terms

4.2 All prices shown are in pounds sterling and include VAT at the prevailing rate. We accept payment by credit card and debit card.

4.3 Your booking is non-transferable either from you to someone else or between different airport lounges.

4.4 Your booking is only valid for the date, price and lounge specified when you book.

4.5 Any regulations relating to the use of the lounge are usually displayed on the entrance to the relevant lounge or alternatively you can request them at the entrance to the lounge from the relevant airport lounge operator.

4.6 Subject to lounge opening times, your booking allows you to arrive at the lounge up to 3 hours after your reserved arrival time, but please note that your 3 hour booking runs from that reserved arrival time, and you will be expected to leave the lounge 3 hours after your reserved time (unless you have purchased additional hours in the lounge). If you arrive prior to your reserved arrival time, or more than 3 hours after it, or if you wish to remain in the lounge beyond the 3 hours after your reserved arrival time, you may be charged for the additional time spent in the lounge.

4.7 There may be restrictions on the minimum age of children permitted access to the lounge. Where children and infants are admitted it is your responsibility to supervise them.

4.8 Smoking in the lounges is prohibited. There is a separate smoking area in the Birmingham Airport departure lounge, details of which are on the Website.

4.9 All lounges have a smart casual dress code and all users of the lounge should not misbehave or be drunk or disorderly. Lounge staff reserve the right, at their absolute discretion, to refuse admission and/or to ask people to leave if their behaviour or clothing is inappropriate and/or may cause offence or distress to other users of the lounge. Please act with courtesy and consideration at all times for other users of the lounge.

4.10 Flights are not announced but all lounges have flight information screens and you are responsible for looking at the screens and catching your flight. We do not accept liability if you miss your flight due to failure to check the screens.

4.11 We do not guarantee that any particular catering or facilities within the lounge will be available at the time of your visit nor do we offer any guarantees as to your enjoyment of the lounge. We do not guarantee that the lounge will be available to you, and the right to use it may be withdrawn without notice. If you are not admitted to the lounge, except on account of your behaviour or dress, we will refund to you the price paid in respect of that service.

4.12 The lounge staff have the right (at their discretion) to refuse to serve you any champagne that has been purchased in advance, or any other alcohol as may be available in the lounge, if you cannot prove that you are over 18 years of age or for any other reason relating to your behaviour in the lounge. No refund shall be given in such circumstances.

4.13 You must bring confirmation of your booking with you in order to use the lounge, in the form specified when you booked.

5. Express Lane security

5.1 A booking can be made between 6 months and up to midnight the day before the scheduled date of use. Your booking is non-transferable.

5.2 One Express Lane voucher is required per person wanting to use this product except for children under the age of 5 years of age accompanied by a paying adult.

5.3 We cannot guarantee the availability of the service, and the right to use the Express Lane through security may be withdrawn at any time without notice by us. Where you are not permitted to use the Express Lane, we will refund the price paid solely in respect of that service.

5.4 The purchase of the Express Lane security service only provides for a separate queuing process to get through security, and we cannot give any assurances regarding how long it will take you to clear security. The Express Lane product booking does not guarantee that there will not be a queue at security or that you will pass through security quicker with the voucher than without.

5.5 This product does not in any way excuse you from the requirement to submit to full security screening.

5.6 It is your responsibility to ensure that you leave adequate time to clear security prior to your flight. Please contact your airline or check your ticket for advice on how early to arrive at the airport prior to your flight. We do not accept any liability if you miss your flight because you have not left enough time to clear security.

5.7 The Express Lane voucher is for single use through the security area. The voucher contains a single use barcode which after one use will no longer work.

5.8 The Express Lane voucher entitles the users to the Express Lane security product at Birmingham Airport, but can only be used in conjunction with a boarding card or printed check-in voucher, which must be presented at the entrance to the Express Lane.

5.9 Should re-entry through security be required, an additional Express Lane voucher can be purchased at point of entry to the Express Lane.

5.10 We reserve the right to close any facility dedicated to Express Lane security customers at any time without notice on security or safety grounds and no refund will be given in these circumstances.

Premium Arrivals Fast Track

6.1  Premium Arrivals Fast Track passengers should present their pass to confirm eligibility to use the service.

6.2 One pass required per person, including children (of all ages).

6.3 All normal immigration procedures that may be applicable still apply.

6.4 Facility available from 06.00am to 00.00 each day.

6.5 Flight number should be provided during the booking process if requested.

6.6 There will be no refunds provided.

6.7 There is limited availability each hour.

7. Cancellations or changes to pre-bookings for Car Parking, Premium Meet and Greet Parking, Lounges and Express Lane Security

7.1 Should you wish to cancel your booking or part of it you may do so via the Website prebook.birminghamairport.co.uk. Please click on the "my account" section. We must receive notice of your cancellation at least 24 hours before the car park entry start date and time, date and time of Premium Meet and Greet parking drop off or lounge entry time of your original booking in order to consider a refund. If you do not give the required advance notice as stated, no refund will be given.

7.2 Should you wish to make changes to your booking then you may do so via the Website prebook.birminghamairport.co.uk. Please click on the "my account" section.

7.3 Where a change is required by you for a reduction in the number of days of your car park or Premium Meet and Greet parking booking then we must receive notice of your change to your booking at least 24 hours before the car park entry start date and time of your booking. If you do not give the required advance notice as stated, no refund will be given or if the change requires additional parking days to those indicated in your booking you may have to pay the full daily rate of the relevant car park.

7.4 No retrospective refunds will be made after the car park entry start date, date of Premium Meet & Greet parking drop off or lounge entry time of your booking (as detailed on your voucher) if you have not followed the cancellation and/or changes to booking procedures set out above.

7.5 No refund will be made if a booking has not been redeemed for any reason or cancelled in accordance with these Terms following procedures set out above.

7.6 Any days booked and left unused will not be refunded unless you have followed the changes to booking procedures set out above.

7.7 No refund due to you will be made unless you can provide us with a pre paid booking reference number. Refunds are made to the original card on which payment was made.

7.8 Your statutory rights are not affected.

7.9 If we cancel your booking for a reason within our direct control and not due to an event beyond our control (see Paragraph 7 below) then we will refund the amount we have received from your pre-booking to you on the card on which payment was made.

8. Events beyond our control

8.1 We do not accept liability for any failure by us to perform our obligations due to an event beyond our reasonable control. A non-exhaustive list of such events includes war or threat of war, riots, civil strife, terrorist threats or activity, industrial disputes, natural and nuclear disaster, fire, adverse weather conditions, volcanic eruption or ash cloud, government regulations, closure or congestion of airports, and / or cancellation or changes of schedules by airlines.

8.2 Except as expressly stated in these Terms, we will not be obliged either to refund any pre-payment by you, or make any other change to your booking in the event that you wish to amend or cancel your booking due to an event of the kind listed in Paragraph 7.1.

9. Our liability to you

9.1 We will act with reasonable skill and care when providing services to you.

9.2 Nothing in these Terms limits our liability in the case of death or personal injury caused by our negligence, or in the case of fraud.

9.3 Without prejudice to Paragraph 8.2 above, our liability to you for the provision of car parking, Premium Meet and Greet parking, Express Lane security or lounge services shall be limited to an aggregate of £50,000.

9.4 We do not accept liability for:

9.4.1 any indirect or consequential loss; or

9.4.2 any loss of profit, loss of enjoyment, loss of revenue, loss of data, or loss of earnings.

10. Data protection

10.1 We will store, process and use all information regarding your personal details in accordance with the requirements of the Data Protection Act 1998.  For further details on how we collect and use your information for marketing purposes, please review our website privacy policy details of which can be found at www.birminghamairport.co.uk/footer/privacy-policy.aspx

11. Protection of Bank Data

11.1. The online payment of any e-commerce products purchased from Birmingham Airport is made through a secure credit card payment system.

11.2. All information collected during the remote payment transaction is immediately encrypted and stored on the secure payment server of our payment services provider.

11.3. The information collected during the remote payment transaction will be used or transferred only in the context of the purchase of the services offered.

12. General

12.1 Any contract made between you and us via the Website is governed by English law.

12.2 When entering into a contract with us for the parking of a vehicle, or for Premium Meet & Greet or lounge services you will be considered to do so on behalf of yourself and on behalf of all other persons whom you are representing and you will ensure that those other persons are aware of and will comply with these terms.

12.3 We reserve the right to change these Terms, but once you have made a booking the Terms which apply are those which were on the Website at the time of booking. However please do not assume that the Terms which applied on one occasion when you booked a service from us will continue to apply when you next book. We recommend that you always read these Terms before booking to satisfy yourself that you accept them.

12.4 These Terms, along with all other relevant terms and conditions that are referred to herein (including those available at the car park and online from lounge operators), constitute the entire agreement between you and us with respect to the sale of the relevant services.

November 2013

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