GENERAL CONTRACTING CONDITIONS AND USE OF LOCK & ENJOY! LOCKERS

PURPOSE

These general conditions regulate the contracting of LOCK & enjoy! lockers (owned by Servicios Turísticos Inteligentes, SL) through the website www.lockandenjoy.com as well as their use. Likewise, these conditions regulate the contractual relationship between Servicios Turísticos Inteligentes, SL (owner of the LOCK & enjoy! lockers) and the User who contracts the LOCK & enjoy! locker service.

THE SERVICE

LOCK & enjoy! offers its Users the possibility of hiring any of its lockers for periods comprising calendar days. What kind of lockers does LOCK & enjoy! offer?

LOCK & enjoy! offers up to eight types of lockers, depending on the establishment, the most common being S+, M+ and XL.

• Mini Lockers (XS), measuring 4 in (high) x 16 in (wide) x 22 in (deep).These lockers will hold, approximately, 1 notebook case.
• Small Lockers (S), measuring  12 in (high) x 16 in ft (wide) x 22 in (deep). These lockers will hold, approximately, 1 hand-luggage suitcase.
• Small-Plus Lockers (S+), measuring 12 in (high) x 16 in (wide) x 33,5 in (deep) or 16 in (high) x 16 in (wide) x 22 in (deep)*. These lockers will hold, approximately, 1 hand luggage suitcase and 1 backpack
• Medium lockers (M), measuring 22 in (high) x 16 in (wide) x 22 in (deep). These lockers will hold, approximately 2 hand-luggage suitcases.
• Medium-Plus lockers (M+), measuring 22 in (high) x 16 in (wide) x 33,5 in (deep). These lockers will hold, approximately:

          – Option A: 2 hand-luggage suitcases and 2 backpacks.

          – Option B: 1 medium suitcase and 1 backpack.

• Large lockers (L), measuring 39,5 in (high) x 16 in (wide) x 22 in (deep) or 35,5 in (high) x 16 in (wide) x 22 in (deep)*. These lockers will hold, approximately:

          – Option A: 1 large suitcase and 1 backpack.

          – Option B: 3 hand luggages.

• Extra-Large lockers (XL), measuring 29,5 in (high) x 16 in (wide) x 33,5 in (deep). These lockers will hold, approximately:

          – Option A: 1  extra-large suitcase, 1 hand luggage suitcase, and 1 backpack

          – Option B: 4 hand luggages and 1 backpack

• Storage Room – Trastelock (XXL), measuring 3875 in²

*Confirm the size of your locker at your establishment.

What can a User place within their locker?

Within the limits established in this document (see the Limits on the Use of the Lockers Section), a User can place any luggage required in the locker or lockers hired.

How does a User know whether there are any LOCK & enjoy! lockers available?

Through the web page www.lockandenjoy.com, the User will be able to search the availability of lockers on the days required.

How long can the same locker be hired for?

The User will be able to hire a locker for a period of between 1 day, as a minimum, and 365 calendar days, as a maximum.

When will the User be able to access the locker or lockers hired?

Lockers will be accessible to the User for hiring 24 hours a day, every day of the week and 365 days a year.

Once the luggage has been deposited by the User, is it only possible to access the locker to remove it?

No, the LOCK & enjoy! locker service is a locker hire service. The User will be able to access the hired locker as many times as required during period the locker or lockers are hired for and at the times indicated in the reservation. Therefore, if the User has forgotten something or needs access to the locker throughout the day, they will be able to access it without problems, as long as they do so within the booked times.

How much does it cost to hire the different types of locker per day?

The price for the locker will be indicated on the website at the time of contracting the locker, the User will be able to benefit from the discounts being offered at the time.

The prices shown on the website include VAT and refer to the hire of a locker (depending on its size) per calendar day.

How do the lockers operate?

The lockers provided by LOCK & enjoy! are completely automatic. The User can make a reservation on the website www.lockandenjoy.com, providing their personal details and indicating the number of lockers they want to hire, their size and the length of the reservation. When the contract process has been completed, the User will receive confirmation of the contract details, the number of the locker or lockers reserved and the security key(s) to gain access.

The user will then be able to enter their locker by using the security code provided by LOCK & enjoy! when the reservation was made.

What can the User do if there is a problem in using the luggage locker?

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 LOCK & enjoy! assistance service by calling +34 910 786 030 or emailing info@lockandenjoy.com.

Can a User modify or cancel a reservation?

Yes, provided the modification or cancellation is carried out at least 24 hours in advance of the date the reserved service commences and do not have discounts with restrictions of modifications being in this case non-refundable reservations.

ACCESS AND RESERVATION

The following requirements must be complied with in order to be able to hire a LOCK & enjoy! locker. The User must:

• Be 16 years of age or over.
• Truthfully and accurately complete the indicated fields in the form provided in the website RESERVATIONS Section. Specifically, the following: name and surnames, telephone number, email address, date of reservation, number of days and lockers (indicating the size) required, payment details depending of the payment method used.
• Accept these general conditions for contracting the service and for the use of the lockers.
• Accept the privacy policy of Servicios Turísticos Inteligentes, SL as the owner of the LOCK & enjoy! lockers.

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).

PERSONAL DATA

The form referred to in the previous section, which must be completed by the User, it contains the details that Servicios Turísticos Inteligentes, SL needs to formalise the hiring of the LOCK & enjoy! locker by the User as well as to be able to comply with the contractual obligations that will be derived for the parts of the locker service that the User wishes to hire, where applicable.

The User guarantees that all data regarding their identity, as well as regarding the reservation are truthful, accurate and complete.

The personal details provided will be used to manage the reservation and comply with the obligations derived for the parts of the locker service. LOCK & enjoy! is entitled to process the personal details provided in the contracting process as necessary for the provision of the service. The User, when contracting, expressly consents to the processing of their personal details in the terms detailed here.

On the other hand, Servicios Turísticos Inteligentes, SL will use the locker User’s personal details and, in particular, their email to send them commercial communications by email about the services offered by Servicios Turísticos Inteligentes, SL and its commercial offers. If the User does not want to receive commercial communications from LOCK & enjoy! by email, they mustn’t check the corresponding box during the contracting process. If, however, the User does agree to receive commercial communications by email, Servicios Turísticos Inteligentes, SL informs them that such consent will be revocable at any time.

The User is informed that there are video surveillance cameras in LOCK & enjoy! premises. The purpose of these cameras is to provide control over the condition of the lockers at all times as well as the use made by users or third parties accessing the premises containing the lockers, with the aim of providing a better service by Servicios Turísticos Inteligentes, SL All LOCK & enjoy! premises incorporate the corresponding notices regarding the area under video surveillance, in accordance with current data protection legislation.

The User has the possibility to exercise their rights of access, opposition, limitation, rectification and cancellation of said data, at any time, by requesting it through written communication that identifies them (to which they must attach a copy of their ID or NIE or passport) to: Calle Zaragoza 34, 41001 Sevilla or to info@lockandenjoy.com. If, at any time, the User considers that the applicable regulations on data protection have been infringed by Servicios Turísticos Inteligentes, SL they will be entitled to submit a complaint to the data protection Control Authorities and, in particular, the Spanish Data Protection Agency.

Servicios Turísticos Inteligentes, SL does not make international data transfers or take automated decisions about the information provided by the User.

Servicios Turísticos Inteligentes, SL will keep the User’s personal details for as long as is necessary to provide the service as well as for as long as is necessary to comply with LOCK & enjoy! legal obligations. After this period, their details will be cancelled. On the other hand, in any case, Servicios Turísticos Inteligentes, SL will retain the User’s details until their consent to receive commercial communications by electronic mail is revoked, if it has been given.

USER OBLIGATIONS LIMITS ON THE USE OF THE LOCKERS

When contracting the LOCK & enjoy! 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.
• 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).
• Not use the lockers for illegal or unauthorised 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 licence without said licence or authorisation (such as, for example, weapons).
• Not insert in the lockers any type of material that is polluting or dangerous (such as flammable objects or dangerous substances).
• Not use the lockers to deposit animals or any kind of living being.
• Not insert food in the lockers, except for packaged food that cannot spill, stain the locker or produce odours of any kind in the LOCK & enjoy! premises.
• Not provide their security code to any third party, being fully responsible for the breach of this obligation and its consequences.
• 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 eat or drink beverages within the premises.
• Remove the luggage inserted in the hired locker before their hire ends.
• Leave the lockers, at the end of the service, in the same condition in which they were found and, in particular, to notify LOCK & enjoy! through info@lockandenjoy.com of any incident that the User may find in their use of the lockers or relating to their condition.
• Not take photographs or recordings of the security measures in the premises.
• Not place in the lockers money, jewellery, technological items (tablets, computers, televisions, etc.) or goods of special value. It being the User’s sole and exclusive responsibility to use the hired lockers to store any type of goods of special value.
• To arrive in good time to collect your goods without limitation of being able to take any of the means of transport scheduled by the transport company. This time being equal to the time recommended by the transport company to arrive before the departure time, including the time of the fastest transport from the LOCK & enjoy! establishment booked to the place of departure of the scheduled transport. To the above total time we will add 30 minutes reserved by the establishment in the event of having to resolve any kind of technical incident.

CONSEQUENCES AND LIABILITY OF THE USER IN CASE OF BREACH OF OBLIGATIONS

The User must keep Servicios Turísticos Inteligentes, SL indemnified for the damages arising from the breach of the obligations relating to this present contract.

Non-compliance with the rental period

In particular, if the User does not empty the hired locker(s) on or before the expiry date for the hiring, Servicios Turísticos Inteligentes, SL will be authorised to access the lockers to remove the stored luggage, in order to release the lockers and allow them to be used by Servicios Turísticos Inteligentes, SL customers. Under these circumstances, Servicios Turísticos Inteligentes, SL 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 borne 100% by the User). After fifteen days without having been able to contact the User or without the User contacting Servicios Turísticos Inteligentes, SL and collecting the luggage, it will be understood that the goods have been abandoned by the User for all purposes. Under these circumstances, Servicios Turísticos Inteligentes, SL 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 €150 by Servicios Turísticos Inteligentes, SL irrespective of Servicios Turísticos Inteligentes, SL’s right to claim the damages actually suffered.

Unless the User personally collects the luggage, Servicios Turísticos Inteligentes, SL will manage the transport of the luggage to the User, following payment for the service to Servicios Turísticos Inteligentes, SL by the User. In particular, where applicable, the User must pay Servicios Turísticos Inteligentes, SL €25 per item, where the delivery is made within the national territory and €50 per item, where the delivery must be made outside Spain. The delivery will be understood to have taken place from the moment Servicios Turísticos Inteligentes, SL delivers the luggage to the carrier, Servicios Turísticos Inteligentes, SL will not assume any liability for the transport of the luggage.

The return will be made once Servicios Turísticos Inteligentes, SL has received payment from the User for the amounts charged for the delivery of the goods (depending on the number of items and their destination) in accordance with the provisions of the preceding paragraph. If 10 calendar days have elapsed since Servicios Turísticos Inteligentes, SL 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 Servicios Turísticos Inteligentes, SL will proceed in the terms specified above for abandoned property.

Failure to use the lockers properly

Servicios Turísticos Inteligentes, SL reserves the right to remove any object that does not comply with the rules of use of the lockers and that is a prohibited object. Under these circumstances, Servicios Turísticos Inteligentes, SL will be authorised to call the police and report the behaviour, as well as withdrawing the prohibited objects.

The User will be responsible for the objects placed in the lockers.

In any case, the removal of prohibited items will entail a penalty of €150, this penalty will not exclude the non-compliant User from the obligation to indemnify Servicios Turísticos Inteligentes, SL for the damages and losses actually 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 Servicios Turísticos Inteligentes, SL 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 Servicios Turísticos Inteligentes, SL 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 €1,000, regardless of the damages caused.

Payment of penalties

The penalties detailed in this section will be paid by the User using the same means of payment used by the User when contracting the service or by bank transfer to the account indicated by Servicios Turísticos Inteligentes, SL if required by the User. The User expressly accepts that Servicios Turísticos Inteligentes, SL will charge the amounts established in this section using the User’s card or means of payment when contracting the service.

LOCK & enjoy!’S OBLIGATIONS

Servicios Turísticos Inteligentes, SL 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, Servicios Turísticos Inteligentes, SL undertakes to resolve any incident that may arise in the use of the lockers as quickly as possible.

LIMIT OF LIABILITY OF LOCK & enjoy!

Servicios Turísticos Inteligentes, SL 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.

Notwithstanding the above, in the case of theft, LOCK & enjoy! has an insurance contract in favour of users that covers losses for theft up to a maximum of €1,000 per locker. In order to receive this benefit should it occur, the user must meet the requirements listed in the policy and work with LOCK & enjoy! to submit the claim to the insurer. The user must specifically and without exception, should it occur, file a complaint with the authorities in the event of theft.

This insurance does not cover the loss of money, jewellery, 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 info@lockandenjoy.com.

Servicios Turísticos Inteligentes, SL 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 Servicios Turísticos Inteligentes, SL, they have the option of submitting a complaint form to the consumer authorities. The corresponding form can be requested  through the mail info@lockandenjoy.com

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 lockandenjoy.com site, please go to info@lockandenjoy.com.