LONDON 2012
PARKING MANAGEMENT
Legal expert Claudia Gerrard outlines some key considerations for the parking industry in the run-up to the Olympics
have given any thought to the impact the Games will have on their day-to-day business. Olympic and Paralympic events extend over a six-week period, and will be using 34 different venues. Nearly 11 million tickets have been issued for entry to the Games, and London Transport has estimated that an additional 20 million trips on public transport are likely to be made. Therefore, against the enormity of such an event, what should organisations do to get ready? Can you perform as expected, despite disruption caused by the Games?
T
The answer is far from simple It revolves around two main issues. The fi rst relates to your contracts and obligations owed to clients, and to rights between you and your suppliers. The second issue is closely linked to the fi rst issue and concerns your employees and what is expected from them, contractually and otherwise. In both instances, you may face transport
diffi culties, absent staff or your disaster recovery procedures might fail. What happens if you can’t meet your obligations? How do you deal with these in a practical sense? How do you minimise the risks, both contractually and from an employment perspective? And, ultimately, how do you prevent facing huge claims against you if things do go wrong?
Contractual issues The starting point, as always, is the need for a good contract, both with clients and suppliers. This doesn’t mean a one-sided document drafted purely in your favour. Such contracts notoriously end up as the subject of a dispute. Instead the parties should aim to draft a clear, concise
he 2012 Olympics and Paralympics are just weeks away, yet few companies
document, which deals with unusual or extraordinary situations, such as the Games.
However, many contracts don’t contain such a clause and the parties rely on the common law principle of ‘frustration’. Far preferable is a force majeure clause, which deals with the situation where one party can’t perform its obligations. It goes beyond mere ‘acts of God’. Non-performance could be caused by a whole succession of reasons, so long as they are beyond the reasonable control of the non-performing party. So, in our Olympic Games scenario, what is the effect of such a clause if your staff can’t travel to a client’s premises because the Tube is overcrowded, or if a supplier can’t deliver your parking barriers on time because the roads are too busy? Succinctly, under a force majeure clause, neither party is liable for non-performance. Depending on the wording of the clause, the contract will terminate automatically, or either party can choose to terminate it. If you can’t provide staff or a supplier can’t deliver goods because of the Games, you won’t face a hefty damages claim against you. And you can’t make one against the supplier, which is why it is useful to
32
MAY 2012
www.britishparking.co.uk
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52