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Birmingham Airport Website Terms and Conditions of Sale

PART A – GENERAL PROVISIONS

1. Introduction

What these Terms cover

1.1 These terms and conditions ("Terms") apply to all bookings for services made through www.birminghamairport.co.uk operated by Birmingham Airport Limited (the "Website").

1.2 BAL offers the Express Lane Security Services itself, but the Website also makes available other services that are not fulfilled by Us. These services are:

  • The Car Parking Services and Valet Services which are not fulfilled by BAL, but by our partner: NCP.

  • The Lounge Services are offered by two separate lounge providers, No.1 Lounge and Aspire by Swissport.

  • Fast Track Arrivals Services are fulfilled by UK Border Force (UKBF).

In these terms references to Third Party Partners shall include NCP, No.1 Lounge , Aspire by Swissport and UKBF

1.3 This means that you will be asked to acknowledge and agree to the relevant terms the relevant Third Party Partner impose on their customers, and you will be given the opportunity to read those terms before you submit your offer. Details of these Third Party Partner terms are set out in the relevant paragraph to these Terms so that you can consider these terms before placing your order (see below for where to find the relevant terms).

1.4 You acknowledge that BAL acts only to facilitate the contract as between you and the relevant Third Party Partner for these Services, and you acknowledge that BAL (and its third party suppliers) processing your payment for the relevant services on behalf of the Third Party Partner. You agree that our processing of your payment in this way does not create a legally binding contract between you and us for those services.

1.5 Please read carefully those Paragraphs of these Terms which apply to the services you are buying:

  • For Car Park Services: Part A and paragraphs 3

  • For Premium Valet Parking Services Part A and paragraphs 4

  • Lounge Services Part A and paragraphs 5

  • For Fast Track Arrivals Services: Part A and paragraphs 6

  • Express Lane Security Services Part A and Part C

(together the “Services”)

1.6 Please then read Part D which applies to all Bookings made via the Website.

Why you should read these Terms

1.7 Please read these terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide the services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. These Terms also provide you with information about what terms apply to the Third Party Partner services that are available to you for booking via the Website. If you have any questions about these Terms please contact us to discuss, or contact the relevant Third Party Partner using the contact information set out below.

Information about us and how to contact us

1.8 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.

1.9 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 Express Lane Security Services is made between you and us. However, the contracts for Car Parking Services, Valet Services and Lounge Services are made between you and our Third Party Partners (see paragraph 1.2 above).

1.10 The VAT number for BAL is GB 687903777 .

1.11 Should you need to contact us with regards car park booking enquiries or car park services please either email us at bookingenquiries@ncp.co.uk call us on 0345 0507080.

1.12 If you have any problems about the Lounges or Express Lane Services you will need to visit our web site www.birminghamairport.co.uk and visit the contact us pages and details about how you can contact these organisations is set out in the applicable terms (see the relevant sections in Part 2).

2. How your contract is formed

How your booking will be accepted

2.1 You will be able to book a number of different services via the Website. BAL only deliver the Express Lane Security Services itself, but makes the Car Parking, Lounge and Fast Track Arrivals Services available to you to book via the Website on behalf of our Third Party Partners (see paragraph 1.2 above). For these services, your contract will be with the relevant Third Party Partner.

2.2 All bookings are subject to acceptance. If we (or our Third Party Partners) are unable to accept your booking, we will inform you of this and will not charge you for the Service you have selected. This might be because we no longer have availability to offer that Service to you, or where we are notified by the Third Party Partner that they are unable to offer that Service to you or because we have identified an error in the price or description of the relevant Service.

2.3 Once you have made your selection via the Website, your booking will be accepted once we email you to accept it (the “Booking Confirmation E-mail”), at which point a contract will come into existence between either you and us (for Express Security Lane Services) or between you and the relevant Third Party Partner (in the case of Lounges, Car Parking Services and Valet Parking Services), as applicable.

2.4 You will be given a unique booking reference number ("Booking Reference"), within the Booking Confirmation E-mail, together with details about the booking you have made (the “Booking”).

How to pay for the Services

2.5 You can find details of the price of the relevant Services on the Website. All prices shown on the Website for Services are in pounds sterling and include VAT at the prevailing rate. We accept payment by credit card and debit card. All payments must be made at the time you make your booking, and we will deduct payment at the time we confirm your Booking.

2.6 NCP acting on behalf of BAL collects payments for the Services booked. NCP will arrange payment for Third Party Partners Services on behalf of those Third Party Partners. Please refer to https://www.ncp.co.uk/help-centre/website-terms-and-conditions/prebook-terms-and-conditions/ for further details about how we use your personal data and how we may transfer this personal data to Third Party Partners and suppliers to facilitate the completion of your Booking.

PART B - Third Party Partner Terms and Conditions

3. Car Parking Services

4. Valet Parking Services

5. Lounge Services

5.1 Your Booking will be subject to the terms and conditions imposed on you by the applicable Lounge Service Provider:

5.2 For your ease of reference, these Third Party Partners would like to draw your specific attention to these the following terms that will apply to your Booking for Lounge Services:

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

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

5.5 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.

5.6 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.

5.7 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.

5.8 Smoking in the lounges is prohibited. Customers are not able to smoke or vape anywhere within the airport terminal. There are designated smoking areas outside the front of the terminal, but once past here, smoking is prohibited until you reach your destination.

5.9 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.

5.10 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.

5.11 Our Third Party Partners do not guarantee that any particular catering or facilities within the lounge will be available at the time of your visit nor do these Third Party Partners offer any guarantees as to your enjoyment of the lounge. Our Third Party Partners 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, our Third Party Partners will determine whether you are entitled to a refund to you the price paid in respect of that service, and will ask BAL to facilitate that refund to you.

5.12 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.

5.13 You must bring your Booking Confirmation E-mail (or voucher) with you in order to use the Lounge Services.

6. Fast Track Arrivals Services

6.1 Entry to Fast Track Arrivals will be denied if you do not present your Fast Track Arrivals voucher at the check point.

6.2 Your booking is only valid for the date specified when you book. A booking can be made up to 24 hours before the scheduled time of use. Changes or cancellations can only be made to your booking if more than 2 hours before the booked time of entry.

6.3 One Fast Track Arrivals voucher is required per person wanting to use this product, including all children.

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

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

6.6 This product does not in any way excuse you from the requirement to submit to full UKBF procedures.

6.7 The Fast Track Arrivals voucher is for single use through the immigration area. The voucher contains a single use barcode which after one use will no longer work.

PART C – BAL TERMS AND CONDITIONS

7. Express Security Lane Services

7.1 Your contract for Express Security Lane Services will be with BAL, and the following terms and conditions apply to your Booking for these Services.

Providing the Services

7.2 Your ticket is valid +/- 1 hours of your booking time.

7.3 Entry to Express Lane security will be denied if you do not present your Express Lane voucher at the security check point.

7.4 Your booking is only valid for the date specified when you book. A booking can be made up to 12 hours before the scheduled time of use. Changes or cancellations can only be made to your booking if more than 2 hours before the booked time of entry.

7.5 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.

7.6 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.

7.7 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.

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

7.9 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.

7.10 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.

7.11 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.

7.12 Should re-entry through security be required, an additional Express Lane voucher may be purchased at point of entry to the Express Lane, subject to availability.

Our right to make changes to the Express Security Lane Services

7.13 We may change the Express Security Lane Services:

  • to reflect changes in relevant laws or regulatory requirements; and

  • implement minor technical adjustments and improvements, for example to address a security threat.

These changes will not affect your overall use of the Express Security Lane Services.

7.14 In addition, we may make more substantial changes to the Express Security Lane Services for valid reasons, but if we do so we will notify you and you may then contact us to cancel your Booking before the changes take effect and receive a refund for the Services paid for but not received.

7.15 We also reserve the right to close any facility dedicated to Express Lane security customers at any time without notice on security or safety grounds.

7.16 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.

Our responsibility to you for loss or damage suffered by you

7.17 If we fail to comply with this paragraph, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was formed, both we and you knew it might happen. This includes liability for death or personal injury caused by your negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the services.

7.18 We only supply the Express Security Lane Services for private use. If you use this service for any commercial, business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

7.19 Our liability to you for the provision of the Express Security Lane Services shall be limited to an aggregate of £50,000.

Ending our contract

7.20 We may end the Booking at any time by writing to you if:

  • the credit card details supplied are incorrect or the card is declined for payment;
  • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Express Security Lane Service;
  • you otherwise break these Terms.

7.21 If we end the contract in the situations set out above we will refund any money you have paid in advance for Express Security Lane Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

7.22 We may write to you to let you know that we are going to stop providing the Express Security Lane Services. We will refund any sums you have paid in advance for products which will not be provided.

7.23 You can always cancel your Booking if we have done something wrong or are going to do something that means we are unable to deliver the Express Security Lane Services to you. If you do want to cancel your Booking in this way, we will refund you in full for the Express Security Lane Services you will not receive and you may also be entitled to compensation. We will make any refund using the same payment method as used to complete your Booking. Please contact us as soon as possible if you want to cancel your Booking because of something we have done wrong under these Terms.

Our rights to transfer the Booking

7.24 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. This will not affect your rights under the contract.

7.25 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

Enforcing these Terms

7.26 Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to your Booking and where you may bring legal proceedings

7.27 Any contract made between you and us via the Website is governed by English law and you may take action against us, or as appropriate, against the relevant Third Party Partner, in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.

Alternative dispute resolution

7.28 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any compliant that relates to the Website (but not for any Third Party Partner Services), you may want to contact an alternative dispute resolution provider (ADR) and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission online Dispute Resolution platform.]

PART D – TERMS THAT APPLY TO ALL SERVICES BOOKED USING THE WEBSITE

8. Cancellations or changes to Bookings for Car Parking Services, Valet Parking Services, Lounge Services, Fast Track Arrivals Services and Express Lane Security Services

How you can cancel or change your Booking

8.1 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 2 hours before the car park entry start date and time, date and time of Valet parking drop off, Express Lane or Fast Track Arrivals entry time, at least 24 hours before the No1 Lounge or Clubrooms entry time and at least 48 hours before the Aspire 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.

8.2 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.

8.3 Where a change is required by you for a reduction in the number of days of your car park or Valet Parking Services Booking then we must receive notice of your change to your Booking at least 2 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.

8.4 No retrospective refunds will be made after the car park entry start date, date of Valet parking drop off or express lane, fast track arrivals 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.

8.5 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.

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

8.7 No refund due to you will be made by BAL unless you can provide us with a Booking Reference. Refunds are made to the original card on which payment was made.

8.8 Your legal rights are not affected.

8.9 You may have other cancellation rights available to you under the relevant Third Party Partner Terms. If you do wish to cancel your Booking with a Third Party Partner, any refund to be processed will be processed by BAL using the same method of payment.

9. Our liability to you for using the Website to make Bookings

9.1 BAL is not liable to you for any Services booked that are provided by one of our Third Party Partners. If you have any issues with the Services you have booked with a Third Party Partner, then you will need to refer to the relevant Third Party Partner terms and contact them if you have any issues. BAL is only liable to you for the Express Security Lane Services as detailed in Part 3.

9.2 Whilst you acknowledge that BAL is not responsible to you for the provision of any Third Party Partner services, if you have any issues with the Website or the way that your Booking was made, then we will be responsible to you if we fail to comply with this paragraph, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was formed, both we and you knew it might happen.

9.3 This includes liability for death or personal injury caused by your negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the services.

9.4 We only supply the Website for private use. If you use the Website for any commercial, business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

9.5 We do not accept liability for any failure by us to perform our obligations to facilitate Bookings via the Website 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.

9.6 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 8.5.

10. Protection of Bank Data

10.1. The online payment of any e-commerce products purchased from the Website is made through a secure credit card payment system provided by Rezcomm.

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

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

11. Other important terms

11.1 Any contract made between you and us via the Website is governed by English law and you may take action against us, or as appropriate, against the relevant Third Party Partner, in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.

11.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any compliant that relates to the Website (but not for any Third Party Partner Services), you may want to contact an alternative dispute resolution provider (ADR) and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission online Dispute Resolution platform.]

11.3 If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

11.4 When entering into a contract with us or with any of our Third Party Partners (as the case may be) 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.

11.5 We reserve the right to change these Terms from time to time for valid reasons, or to ensure that the terms imposed by our Third Party Partners are up to date at all times, but once you have made a Booking the Terms which apply are those which were on the Website at the time of Booking, and details will be set out in the Booking Confirmation E-mail. 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.

September 2022

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