GENERAL TERMS AND CONDITIONS OF SERVICE AND USE OF LOCKER 24 HORAS
PURPOSE
These general conditions regulate the contracting of LOCKER 24 HORAS lockers (owned by Jorge Quintero Estrada, C/ Augusto González Besada, 4, 1 B, 28030, Madrid) through the website www.locker24horas.com as well as their use. Likewise, these conditions regulate the contractual relationship between Jorge Quintero Estrada (owner of the LOCKER 24 HORAS lockers) and the User who contracts the LOCKER 24 HORAS lockers.
By leaving their luggage in the LOCKER 24 HORAS’ facilities they accept these Terms and conditions of service.
SERVICE
LOCKER 24 HOURS offers its Users the possibility of hiring any of its lockers for calendar days (from 00.00 to 23.59 of the same day) up to a maximum hiring period of 365 calendar days.
LOCKER 24 HORAS offers 2 types of lockers:
MEDIUM LOCKER (inner dimensions) High: 29 cm/11.4 in Wide: 42 cm/16.5 in Deep: 58 cm/22.8 in
LARGE LOCKER (inner dimensions) High: 90 cm/ 35.4 in Wide: 42 cm/16.5 in Deep: 58 cm/22.8 in
The maximum weight permitted per locker is 40 Kg (88.18 lb)
Through the web site www.Locker24horas.com the User will be able to search the availability of lockers on the days required and also book them online.
Within the limits established in this document (please see the limits on Obligations of the User – Limits on the use of the lockers), the User can place any luggage required in the locker or lockers hired.
The lockers are available to hire on a 24/7 basis, any day of the year.
The User can access his locker(s) as many times as he wishes within his hiring period or until the final removal of his luggage.
The price for the locker will be indicated on the website at the time of contracting the locker.
The prices shown on the website include VAT.
The lockers provided by LOCKER 24 HORAS are fully automatic. The User can make a reservation on the website www.locker24 horas.com, providing their personal details and indicating the number of lockers they want to hire, their size and the length of the reservation.
Should a fault, obstruction or any other type of incident occur in the use of the luggage locker, the User will be able to consult the LOCKER 24 HORAS assistance service by calling +34 651 613 069 or emailing [email protected]
ACCESS AND HIRING
The following requirements must be complied with in order to be able to hire a LOCKER 24 HORAS locker, the User must:
1º Be 16 years of age or over
2º Truthfully and accurately complete the indicated fields in the form provided in the RESERVATION Section of the website (more specifically, the following: full name, telephone number, email address, date of reservation, number of days and lockers required -indicating size-, payment details depending of the payment method used)
3º Accept these general conditions for contracting the service and for the use of the lockers
4º Accept the privacy policy of LOCKER 24 HORAS
Once the contracting process has been completed, the User will receive confirmation of the reservation by email. This confirmation will indicate the number or numbers of the assigned locker(s), the number of days reserved and the access code(s) for the locker(s). The email and/or receipt that LOCKER 24 HORAS sends along with the reservation details is valid as a reservation confirmation.
The User can modify or cancel a reservation provided the modification or cancellation is carried out at least 48 hours in advance of the date the reserved service starts, to do so, you need to contact us by sending an email to administració[email protected]
Cancellation fee: 1.4% + €0.25 for European cards and 2.9% + €0.25 for non-European cards.
It is possible to conclude a contract to hire the lockers whether in Spanish, English or French, with the same legal effects.
The Users will have technical tools at their disposal for identifying and correcting errors when entering their personal data.
LOCKER 24 HORAS will file the electronic document where the contract is concluded and it will not be accessible to the User.
USER OBLIGATIONS – LIMITS ON THE USE OF THE LOCKERS
When contracting the LOCKER 24 HORAS locker hire services, the User undertakes in particular and without limitation to:
Use the lockers for the sole purpose of depositing their property, which they temporarily need to keep in a safe place.
Ensure that, at the end of the service, there are no personal belongings of the User in the premises of LOCKER 24 HORAS, leaving the lockers in the same condition in which they were found, and to notify LOCKER 24 HORAS through [email protected] of any incident that the User may find in their use of the lockers or relating to their condition.
Prepare the contents of his luggage and pack them safely so it is protected against the ordinary risks of using the lockers.
Leave all your bags properly closed (codes, locks, etc.) and identified (luggage tags with User’s name and phone number.)
Avoid damaging any luggage stored in our premises with the contents of your own luggage.
Diligently use the lockers and, in particular, ensure that the locker has been properly closed when the User leaves the premises (after inserting or removing the luggage.)
Verify both size and weight of his luggage before making a reservation. In the event that the luggage exceeds the dimensions of our lockers and/or 40 kg no claim or refund will be accepted.
Avoid overloading the lockers, specifically to ensure that the luggage fits comfortably in the defined dimensions of the chosen locker(s), so the door of the locker closes easily and without using undue force.
Not use the lockers for illegal or unauthorized purposes. In particular, the User undertakes to not store objects whose mere possession or trafficking is illegal (such as stolen objects, drugs, pornographic materials or those that are in any way denigrating for human beings, etc.)
Not deposit any property whose possession requires a license without said license or authorization (such as, for example, weapons.)
Not use the lockers to deposit animals or any other type of living being.
Not insert food in the lockers, except for packaged food that cannot spill, stain the locker or produce odors of any kind in the LOCKER 24 HORAS premises.
Not provide their security code to any third party, being fully responsible for the breach of this obligation and its consequences.
Not use the lockers to deposit goods to be collected by a third party. The lockers must not be used as a means of trafficking goods between parties. LOCKER 24 HORAS does not authorize this use.
Access the premises and remain there for the sole purpose of accessing the hired locker and only to carry out specific actions in relation to the luggage inserted. The User may not remain on the premises for longer than is strictly necessary.
Not smoke, eat or drinking beverages in the premises.
Remove the luggage inserted in the hired locker(s) before his hiring period ends.
Not place money, jewelry, technological items (tablets, computers, televisions, etc.) or goods of special value in the lockers, being the User’s sole and exclusive responsibility to use the hired lockers to store any type of goods of special value.
Not leave in the lockers any identity card or other documents necessary to travel. The User acknowledges that he has taken all the necessary precautions and measures in order to guarantee that no document required to travel is left in the lockers. Failing this, in no event will LOCKER 24 HORAS be liable for due to negligence of the User.
CONSEQUENCES AND LIABILITY OF THE USER IN CASE OF BREACH OF OBLIGATIONS
The User must keep LOCKER 24 HORAS indemnified for the damages arising from the breach of the obligations relating to this present contract. In particular, if the User does not empty the hired locker(s) on or before the expiry date for the hiring, LOCKER 24 HORAS will be authorized to access the lockers to remove the stored luggage, in order to release the lockers and allow them to be used by other LOCKER 24 HORAS customers. Under these circumstances, LOCKER 24 HORAS will temporarily store the luggage and try to contact the User who has failed to comply with the hire period deadline in order to manage the return of the luggage to the User (the cost of which will be born 100% by the User). After seven days without having been able to contact the User or without the User contacting LOCKER 24 HORAS and collecting the luggage, it will be understood that the goods have been abandoned by the User for all purposes. Under these circumstances, LOCKER 24 HORAS will cease to keep them, disposing of them in the manner it deems appropriate or convenient, depending on the type of abandoned property. A cost equivalent to the price of the locker not cleared will be charged for every day that passes, from the expiration of the hire without the locker(s) being cleared by the User, until the luggage is delivered to the User or collected by the User. In addition, the User will be charged a penalty of €50 by LOCKER 24 HORAS, irrespective of LOCKER 24 HORAS’ right to claim the damages actually suffered. Unless the User personally collects the luggage, LOCKER 24 HORAS will manage the transport of the luggage to the User, following payment of €50 for the service to LOCKER 24 HORAS by the User. The delivery will be understood to have taken place from the moment LOCKER 24 HORAS delivers the luggage to the carrier, LOCKER 24 HORAS will not assume any liability for the transport of the luggage. The return will be made once LOCKER 24 HORAS has received payment from the User for the amounts charged for the delivery of the goods (depending on the weight of the items, their destination, the carrier, etc.) If seven calendar days have elapsed since LOCKER 24 HORAS notified the User in writing of the amount to be paid and the User has not made this payment, it will be understood that the luggage has been abandoned for all purposes by the User and LOCKER 24 HORAS will proceed in the terms specified above for abandoned property.
PRICES AND TERMS OF PAYMENT
For the service of automatic lockers, the User will be charged via credit card or payment system when reserving online. The User gives up all his rights to complaint invoices issued by LOCKER 24 HORAS if they do not contest those invoices in writing within seven from the date of invoice. The current prices are applicable to the storage service and available on request at www.locker24horas.com. The User agrees to pay the amount due to LOCKER 24 HORAS subject to these terms at the specified time. The invoices are payable in the currency shown on the invoice or else, in local currency, where they should be calculated according to the exchange rate provided by us. Late payments could result in interest rates by non-compliance with legislative decree no. 231/02 and subsequent amendments.
RIGHT OF INSPECTION
The User acknowledges and agrees that LOCKER 24 HORAS and/or any Governmental Authority have the right to open and inspect the luggage at any time for security reasons. LOCKER 24 HORAS reserves the right to remove any items which do not comply with the terms of use of the lockers and/or are prohibited. Under these circumstances, LOCKER 24 HORAS is authorized to call the police and report on such behavior, as well as remove all prohibited items. The User shall remain responsible for the goods placed in the locker(s). At all events, the removal of prohibited items entails a penalty of €100, this penalty will not relieve a dissatisfied User of the obligation to compensate LOCKER 24 HORAS for the damage caused.
DAMAGE CAUSED TO THE LOCKERS BY THE USER
The User will be fully responsible for any damage or deterioration that may be caused to the lockers by their misuse or improper use. Under these circumstances, the User must compensate LOCKER 24 HORAS for the physical damage caused to the locker(s) and for loss of earnings. In particular and without limitation, the User causing the damage must pay LOCKER 24 HORAS a daily hire penalty for each day the locker is unusable, as well as the cost of repair or replacement, which is quantified in the event of replacement at €1,690; regardless of the damages caused.
PAYMENT OF PENALTIES
The User expressly agrees that LOCKER 24 HORAS will charge the User the penalties detailed in this section using the same means of payment used by the User when contracting the service or by bank transfer to the account indicated by LOCKER 24 HORAS if required by the User.
LOCKER 24 HORAS’ OBLIGATIONS
LOCKER 24 HORAS undertakes to keep the locker service active and to make available to the User, during the contracted period, the locker, or lockers that the User has contracted in good condition for use. In addition, LOCKER 24 HORAS undertakes to resolve any incident that may arise in the use of the lockers as quickly as possible.
LIMIT OF LIABILITY OF LOCKER 24 HORAS
LOCKER 24 HORAS offers a locker space hire service, it is not responsible for the custody of the luggage. The User is solely responsible for the goods included in the hired locker(s).
Our liability for the risks of loss or damage to your baggage during the storage period at our premises and specifically attributable to the sole responsibility of LOCKER 24 HORAS or its employees, will be governed by article no. 1768 and no. 1770 of the Civil Code. LOCKER 24 HORAS will be in no way liable in relation to duly and fully proven damages, which can be considered as direct and predictable or indirect consequence of the delay and/or failure to collect.
LOCKER 24 HORAS, will therefore not be liable for any missed flights, trains, start up, loss of gain, profit, market, reputation, customers, use, opportunity, even if we had knowledge that such loss or damage might arise, nor for any loss or damage, however indirect, incidental, special or consequential damages determined, including, without limitation, cases of contract termination, negligence, willful misconduct or default.
We will not be liable if we do not fulfil any obligations towards you as a result of circumstances beyond our control such as (the following list is merely illustrative and not exhaustive): earthquakes, cyclones, storms, flooding, fire, diseases, fog, snow or frost; force majeure including (but not limited to) war, accidents, acts of terrorism, strikes, embargoes, local disputes or popular uprisings; national or local disruptions; latent defects or inherent vice in the content of the stored luggage; criminal acts of third parties such as theft, robbery and arson; acts or omissions attributable to you or to any third party whose work you will be responsible for; act or omission attributable to a public official; contents of the shipment consisting of any article that is a prohibited item by law or according to the provisions of this contract, even though we may have accepted the shipment and/or storage by mistake. The sole liability attributable to us in relation to the services provided shall be governed by these general terms and conditions of storage.
INSURANCE
In the case of theft, LOCKER 24 HORAS has an insurance contract in favor of users that covers losses for damage, loss or theft (due to causes attributable to LOCKER 24 HORAS) up to a maximum of €200 per X locker and €500 € per XL locker. In order to receive this benefit in the event of theft; the user must meet the requirements listed in the ‘Terms and Conditions of Service’ of LOCKER 24 HORAS to submit the claim to the insurer (AXA Seguros Generales). The user must file a complaint with the authorities in the event of theft. This insurance does not cover the loss of money, jewelry, precious stones or metals, watches, plasma screens and in general technological items (LCD, GPS navigators, cell phones, computers, tablets), art objects, antiques, memory cards or any other medium that contains data or images.
COMPLAINTS
If the User considers they have reason to lodge a complaint, they can do so by sending an email to the following address [email protected]
LOCKER 24 HORAS will try to resolve the incident and seek a solution that satisfies both parties.
In the event that the User is not satisfied with the response from LOCKER 24 HORAS, they have the option of submitting a complaint form to the consumer authorities of Xunta de Galicia. The corresponding form can be obtained through the following link:
https://consumo.xunta.gal/es/igcc/documentacion/modelo-hoja-reclamacion
or just follow the assistant guidance through the following link:
https://consumo.xunta.gal/es/consumidores/reclamacions/asistente
APPLICABLE LAW AND JURISDICTION
These General Conditions are governed by Spanish law. The parties submit to the jurisdiction of Spain to resolve any dispute arising in connection with this contract.
CONTACT ADDRESSES
In case any user has any doubt about these general conditions, any comments on the locker24horas.com Site, please go to [email protected].