1. Definitions and Interpretation

In these Terms:

2. Basis of Contract

2.1This Contract, together with the WCS Privacy Policy and any document expressly incorporated by reference, constitutes the entire agreement between WCS and the Customer in relation to the Services and supersedes previous terms, conditions, handbooks, representations and understandings relating to the Services.

2.2By entering into this Contract, storing a Vehicle or using the Services, the Customer agrees to be bound by these Terms.

2.3WCS may amend these Terms from time to time. The latest version will be published on the WCS website and WCS will give reasonable notice of any material change where reasonably practicable. Changes will not retrospectively remove rights already accrued. Continued use of the Services after the change takes effect constitutes acceptance of the updated Terms, subject always to any rights the Customer has under applicable law.

2.4The minimum storage period is the remainder of the calendar month in which the Contract commences, charged on a pro-rata basis, followed by three (3) full calendar months.

2.5Storage Charges remain payable for the full minimum storage period regardless of whether the Vehicle is removed before expiry of that period, unless WCS agrees otherwise in writing.

2.6After the minimum storage period, the Contract continues until terminated in accordance with Clause 14.

2.7Storage Charges are not apportioned on termination. Any calendar month for which Storage Charges become due is charged as a full month, including the final month of storage, except for the initial part-month referred to in Clause 2.4.

3. Nature of Storage (No Bailment)

3.1The Customer is granted a non-exclusive, revocable contractual licence to use storage space allocated by WCS.

3.2Except to the extent that applicable law provides otherwise, no general bailment is intended to be created merely by reason of the Vehicle being stored at the Site. WCS accepts responsibility only to the extent expressly set out in this Contract or required by law.

3.3The Customer remains responsible for the Vehicle except to the extent that responsibility cannot lawfully be excluded or where WCS has expressly accepted responsibility under this Contract.

3.4Nothing in this Clause limits WCS's contractual rights to move, retain or otherwise deal with a Vehicle as expressly provided in these Terms.

4. Use of the Site

4.1The Site may only be used for storage of the Customer's Vehicle(s) in the space or area allocated by WCS.

4.2The Customer must:

• Only park within the space or area allocated by WCS;
• Not park elsewhere on the Site or within the surrounding industrial estate without WCS’s permission;
• Not obstruct access routes, doors, shutters, gates, fire exits or other users;
• Comply with all reasonable written or verbal security, safety and operational instructions issued by WCS.

4.3The following are strictly prohibited unless agreed in writing by WCS:

• Any work on Vehicles of any kind;
• Vehicle sales, marketing, viewings or handovers;
• Photography or filming;
• Bringing contractors or tradespeople onto the Site;
• Use of utilities, including electricity, except where included within the Customer’s package or expressly agreed;
• Overnight accommodation in Vehicles.

4.4Access control:

• Only persons authorised by the Customer and approved by WCS may enter the Site or access a Vehicle;
• All persons must follow WCS entry procedures, including use of the intercom or access-control system where required;
• Tailgating is strictly prohibited and customers must take reasonable steps to prevent another person entering behind them;
• Any person collecting, delivering or accessing a Vehicle on behalf of the Customer must be authorised by the Customer and approved by WCS;
• A person who has not completed WCS’s site induction may only attend by prior appointment during Office Hours and must comply with the directions of WCS staff while on Site;
• WCS may require proof of identity or authority before permitting access.

4.5Security obligations:

• The Customer must secure all doors, gates and shutters as instructed when entering or leaving;
• The Customer must comply with all security signage, barriers, chains and staff instructions;
• The Customer must not enter any building, warehouse, compound or restricted area displaying a chain, barrier or signage stating “This Building Is Alarmed”, or words to similar effect, unless expressly authorised by WCS;
• The Customer must not enter an alarmed external compound until WCS has confirmed that the relevant alarm has been deactivated or access has otherwise been authorised;
• The Customer must not access or pass through other buildings or restricted areas on the estate unless expressly authorised.

4.5AFalse alarms. Where the Customer, or any person attending on the Customer's behalf, disregards a security restriction or enters an alarmed area without authorisation and causes an alarm activation, WCS may charge a £50 administration charge (plus VAT where applicable). WCS may additionally recover any reasonable third-party alarm monitoring, police response or call-out charge actually incurred as a direct result of that unauthorised activation.

4.6Any serious or repeated breach of this Clause may be treated as a material breach of the Contract and WCS may suspend access or terminate the Contract where reasonable to protect the security or operation of the Site.

5. Vehicle Requirements

5.1Each Vehicle must:

• Be movable at all times;
• Have functioning brakes sufficient for safe movement;
• Be in a condition that allows WCS to move or store it safely.

5.2Vehicles do not need to be roadworthy unless they are to be driven on a public highway, but must be capable of being moved safely within the Site.

5.3Vehicles must not leak fuel, oil, coolant, battery fluid or other substances.

5.4If a Vehicle leaks fluids, presents a safety risk or causes contamination, WCS may, without prior notice where reasonably necessary, move the Vehicle, carry out reasonable containment or cleaning measures, or instruct a third party to do so.

5.5The Customer is responsible for the reasonable costs incurred under Clause 5.4 and such costs are payable on demand.

5.6The Customer warrants that they are the legal owner of the Vehicle or have full authority from the legal owner to enter into this Contract and authorise WCS to exercise the rights granted under it.

5.7The Customer must promptly notify WCS of any change in ownership, registration details, address, telephone number, email address or other information relevant to the Vehicle or Contract.

6. Keys and Access

6.1The Customer must provide WCS with a working set of keys, remote controls and/or access devices reasonably required to move each Vehicle.

6.2WCS may use the keys or access devices for moving Vehicles, operational purposes, emergencies, security, maintenance of the Site and enforcement of its contractual rights.

6.3WCS may refuse storage, suspend access or require alternative arrangements if suitable keys or access devices are not provided.

6.4The Customer authorises WCS to access and move the Vehicle where reasonably necessary for the Services, Site operation, safety, security, emergency response or enforcement of these Terms.

7. Security, CCTV and Facial Recognition

7.1The Site uses security measures which may include CCTV surveillance, monitored intruder alarms and facial-recognition (Face ID) access-control systems.

7.2CCTV and other security systems are used for purposes including Site security, access control, crime prevention and detection, investigation of incidents and protection of customers, staff, Vehicles and property.

7.3Where facial-recognition technology is used to identify or verify an individual, biometric data may be processed. Such processing will be carried out only where WCS has identified an appropriate lawful basis and special-category condition and in accordance with applicable data-protection law and the WCS Privacy Policy.

7.4Where WCS relies on explicit consent for biometric processing, that consent will be obtained separately and managed in accordance with applicable law. Where required, WCS will provide a suitable alternative access method for a person who does not consent or who withdraws consent.

7.5Customers and visitors must comply with the security and access-control procedures in operation at the Site. WCS may refuse or suspend access where reasonably necessary to protect Site security.

7.6WCS may retain and use CCTV, photographs, access logs and other security records for lawful security, evidential and claims-handling purposes in accordance with its Privacy Policy.

8. Insurance and Risk

8.1Vehicles are stored at the Customer's risk except to the extent loss or damage is caused by WCS and liability cannot lawfully be excluded or is expressly accepted under this Contract.

8.2WCS maintains insurance arrangements for Vehicles in storage subject to the terms, limits, conditions and exclusions of WCS's insurance policy. Vehicle contents are not covered unless expressly confirmed otherwise in writing.

8.3WCS is not responsible for loss of or damage to personal possessions, valuables or other contents left inside a Vehicle except where liability cannot lawfully be excluded.

8.4The Customer:

• Must not leave cash, jewellery or other high-value personal possessions in a Vehicle;
• Is advised to maintain any insurance they consider appropriate;
• Must notify their own insurer of the storage location where required by their policy.

8.5The Customer shall be responsible for loss, damage, contamination or third-party claims caused by the Vehicle, its condition, the Customer or any person attending on the Customer's behalf, except to the extent caused by WCS's negligence or other breach for which WCS is legally responsible.

8.6WCS shall not be liable for ordinary deterioration arising through the passage of time, including battery discharge, gradual tyre-pressure loss, condensation, corrosion, perishing of components or mechanical/electrical failure, unless caused by WCS's failure to exercise reasonable care or by a Service WCS expressly agreed to perform.

9. Charges and Payment

9.1Storage Charges are payable monthly in advance by Direct Debit on the 1st day of each calendar month unless WCS agrees another payment method in writing. The initial part-month is charged on a pro-rata basis in accordance with Clause 2.4.

9.2Additional Services and other Charges are payable upon invoice or on the due date stated by WCS.

9.3If a Direct Debit is returned unpaid, cancelled, reversed or recalled, or if any amount is not received by its due date, WCS may, from that date:

• Apply a £25 administration charge (plus VAT where applicable) to reflect the additional administration caused by the failed or late payment;
• Recover any reasonable bank, Direct Debit collection or third-party charges actually incurred as a result of the failed or late payment;
• Suspend Site access and/or non-essential Services;
• Refuse release of the Vehicle while sums properly due remain unpaid;
• Exercise its rights under Clause 10.

9.4For a Customer acting in the course of business, WCS reserves all statutory rights to interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 where applicable. For a consumer Customer, any interest or charge applied will be limited to a reasonable amount permitted by law.

9.5Time for payment is of the essence.

9.6Payments must be made in full without set-off, counterclaim or deduction except where the Customer has a legal right to do so.

10. Contractual Lien, Retention and Sale of Vehicles

10.1As security for all Charges and other sums properly due under this Contract, WCS has a contractual lien and right of retention over the Vehicle and any keys, documents or property relating to it which are in WCS's possession or control.

10.2While any undisputed amount properly due remains unpaid, WCS may, to the extent permitted by law, retain the Vehicle, keys and relevant documentation, restrict access to or release of the Vehicle, and move the Vehicle to another secure location where reasonably necessary.

10.3The Customer irrevocably authorises WCS, to the extent permitted by law, to retain possession or control of the Vehicle for the purpose of exercising the contractual lien and right of retention in this Clause.

10.4Storage Charges and any reasonable additional storage, movement or security costs continue to accrue while the Vehicle is retained.

10.5The Customer shall reimburse WCS for reasonable legal, debt-recovery, tracing, additional storage, auction and enforcement costs properly incurred in recovering overdue sums or exercising rights under this Clause, to the extent recoverable by law.

10.6Where payment remains outstanding, WCS may exercise any right available under the Torts (Interference with Goods) Act 1977 or other applicable law to require collection of, dispose of or sell a Vehicle, but only after giving any notice required by law.

10.7Any net proceeds of sale will be applied first to reasonable costs of sale, storage and enforcement, then to sums due to WCS. Any balance will be dealt with in accordance with applicable law.

10.8Nothing in this Clause permits WCS to sell a Vehicle without following any mandatory statutory notice or procedural requirement.

11. Customer Responsibilities and Vehicle Condition Claims

11.1The Customer must:

• Keep their contact, address and payment details up to date;
• Ensure all authorised visitors comply with these Terms;
• Comply with Site security, safety and operational rules and reasonable instructions;
• Provide accurate information about the Vehicle and anything relevant to its safe movement or storage.

11.2The Customer must inspect the Vehicle promptly upon collection and, wherever reasonably practicable, before it leaves the Site.

11.3Any allegation of visible damage, or damage reasonably capable of being identified during that inspection, must be reported to WCS in writing before the Vehicle leaves the Site so that WCS has a reasonable opportunity to inspect and record the alleged damage.

11.4Where alleged damage could not reasonably have been identified during the collection inspection, the Customer must notify WCS in writing, with reasonable supporting evidence and details of the alleged damage, within twenty-four (24) hours after the Vehicle leaves the Site.

11.5Subject to any right which cannot lawfully be excluded, WCS may decline a claim first notified more than twenty-four (24) hours after the Vehicle leaves the Site where the delay prevents WCS from reasonably verifying when or how the alleged damage occurred.

11.6The Customer must take reasonable steps to preserve evidence and, where requested, make the Vehicle available for inspection before repair where reasonably practicable.

12. Data Protection and Marketing

12.1WCS processes personal data in accordance with applicable UK data-protection legislation, including the UK GDPR and Data Protection Act 2018, as amended from time to time.

12.2WCS may process personal data for the provision and administration of Services, security, access control, CCTV and incident investigation, billing, fraud prevention, legal compliance, claims handling and other legitimate business purposes described in the WCS Privacy Policy.

12.3Biometric data used for facial-recognition access control is dealt with under Clause 7 and the WCS Privacy Policy.

12.4WCS may send marketing communications, including offers and customer messages, only where permitted by applicable privacy and electronic-marketing law.

12.5Customers may opt out of direct marketing at any time using the method provided in the communication or by contacting WCS.

13. Liability

13.1Nothing in this Contract excludes or limits liability which cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation.

13.2Subject to Clause 13.1, WCS shall not be liable for loss of profit, loss of business, loss of opportunity, loss of use or indirect or consequential loss to the extent such exclusion is permitted by law.

13.3Subject to Clause 13.1 and any statutory consumer rights, WCS's total aggregate liability arising out of any one event or series of connected events shall not exceed the greater of: (a) the Storage Charges paid by the Customer during the six months immediately preceding the event giving rise to the claim; or (b) £1,000.

13.4Clause 13.3 does not reduce any liability covered and payable under an applicable WCS insurance policy where WCS has expressly agreed a higher insured value or where a greater liability is required by law.

13.5The limitations in this Clause are intended to operate only to the extent they are reasonable and lawful in the circumstances.

14. Termination

14.1Subject to the minimum storage period in Clause 2.4, either party may terminate the Contract by giving at least thirty (30) days' written notice.

14.2Notice does not bring the Contract to an end before expiry of the minimum storage period unless WCS agrees otherwise in writing.

14.3Storage Charges are not pro-rated on termination. If any part of a calendar month falls within the continuing Contract or applicable notice period, the Storage Charge for that calendar month is payable in full.

14.4If the required notice is not given in time to prevent the Contract continuing into a further calendar month, the Storage Charge for that further month is payable in full.

14.5On termination, the Customer must remove all Vehicles and property by the agreed termination date and return any WCS equipment, keys, access devices or other property.

14.6Missing or damaged WCS equipment may be charged at reasonable replacement or repair cost.

14.7If a Vehicle remains uncollected thirty (30) days after termination, WCS may serve any notices required by law and exercise any rights available under the Torts (Interference with Goods) Act 1977 or other applicable law in relation to uncollected goods.

14.8Charges and reasonable costs continue to accrue while a Vehicle remains at the Site after termination until it is removed, sold or otherwise lawfully disposed of.

15. Operations and Access

15.1Published or usual access hours are subject to operational, security, emergency and safety requirements and are not guaranteed.

15.2WCS may move Vehicles, reallocate spaces and access Vehicles where reasonably necessary for Site operation, security, safety, maintenance, emergencies or performance of the Services.

15.3WCS may move Vehicles between storage locations, buildings or compounds operated or used by WCS where reasonably necessary for operational, security or safety reasons.

15.4WCS may temporarily restrict or suspend access where reasonably necessary due to an emergency, security incident, maintenance, police requirement, power failure or other operational issue.

16. Evidence and Records

16.1WCS may photograph, video or otherwise record a Vehicle on arrival, while in storage, during movement and/or at collection.

16.2WCS may rely on photographs, video, CCTV footage, access-control records, inspection records, messages, emails and other business records as evidence of Vehicle condition, access, movement, instructions and events, subject to applicable law.

16.3Such records will be retained only for as long as WCS considers reasonably necessary for the relevant operational, security, evidential or legal purpose and in accordance with the WCS Privacy Policy.

17. Force Majeure

17.1WCS shall not be responsible for delay or failure to perform an obligation where caused by an event outside WCS's reasonable control, including fire, flood, severe weather, utility or communications failure, industrial action, epidemic or pandemic, civil disturbance, terrorism, war, government action, police restriction or failure of a third-party infrastructure provider.

17.2WCS will take reasonable steps to minimise disruption and resume affected Services when reasonably practicable.

17.3Nothing in this Clause excludes liability which cannot lawfully be excluded.

18. General

18.1This Contract and any dispute or claim arising from it are governed by the law of England and Wales.

18.2If any provision is found invalid, unlawful or unenforceable, it shall be treated as modified to the minimum extent necessary or, if that is not possible, deleted, without affecting the remaining provisions.

18.3WCS may assign or transfer its rights and obligations under this Contract as part of a sale, restructuring or transfer of its business, provided this does not materially reduce the Customer's rights. The Customer may not assign the Contract without WCS's written consent, such consent not to be unreasonably withheld where applicable.

18.4A failure or delay by WCS to exercise a right does not waive that right.

18.5No person other than WCS and the Customer has any right to enforce this Contract under the Contracts (Rights of Third Parties) Act 1999, except where these Terms expressly state otherwise.

18.6Any notice required under this Contract must be in writing and may be sent by email, post or another written electronic method ordinarily used between WCS and the Customer, unless applicable law requires a particular form of notice.

18.7If the Customer is a consumer, nothing in these Terms affects statutory rights which cannot lawfully be excluded or restricted.