Terms and Conditions
1. INTRODUCTION
1.1. SITBACK MEDITERRANEA S.L. with NIF tax number B54386883, with registered office at Avenida Salamanca, 8, bajo, derecha, 03003, Alicante, (hereinafter, “LOCKERS ALICANTE”) provides a luggage storage service which allows its users to have a luggage drop-off and storage point (hereinafter, “the Luggage”) through the Community Lockers brand Megablok, acquired by LOCKERS ALICANTE and made available to its users at the installations located at Avenida Salamanca, 8, bajo, derecha, 03003, Alicante.
You are informed that Megablok, S.A.U., with NIF tax number A-50711498, with registered office in Zaragoza, Plataforma Logística PLAZA, Calle Palermo, number 7 (hereinafter, “Megablok”), is the exclusive owner and/or holder of all inherent rights to the software embedded in the Community Lockers for their control, the Meter Data Management (“MDM”) in charge of the management, receipt and presentation of information generated by them, as well as the software in charge of managing reservations and managing the Community Lockers and data processing, as well as any other computer program or system linked with any other elements related with them (all of the above, referred to jointly as “the Platform”). In this regard, there is a licence agreement on the Platform (hereinafter, “the Licence Agreement”) between LOCKERS ALICANTE and Megablok.
2. ACCEPTANCE OF THE TERMS
2.1. The acceptance of these General Terms and Conditions of use (hereinafter, the “Terms of Use”) is a necessary condition for having the status of user (hereinafter, the “User”) and being able to benefit from the use of the Community Locker. Their acceptance implies having read the Terms of Use and expressly and voluntarily accepting each and every one of the provisions established in these Terms of Use and committing to compliance with them.
2.2. Nevertheless, LOCKERS ALICANTE reserves the right to make modifications to the Terms of Use, at any time, which will be communicated to the Users for their acceptance through email notifications.
2.3. LOCKERS ALICANTE reserves the right to refuse a User’s access to the Community Locker, provided that it considers that there may be a potential violation of these Terms and Conditions.
2.4. LOCKERS ALICANTE offers a page of FAQs intending to respond to frequently asked questions about the service offered.
3. DESCRIPTION OF THE SERVICE
3.1. The Service provided by LOCKERS ALICANTE consists of providing the Users an automated luggage storage service through the online reservation system.
4. ACCESS AND USE OF THE SERVICE
4.1. General conditions
4.1.1. The User commits to making appropriate and lawful use of the Community Lockers. This use must therefore comply with applicable legislation, the Terms of Use, ethics, generally accepted good practices and public order.
4.1.2. The User acknowledges and accepts that access to and use of the Community Lockers takes place freely and consciously, under their sole responsibility. LOCKERS ALICANTE will in no case be liable for the use that the User may make of the Community Lockers, or for liquidated damages that may arise from this.
4.1.3. For LOCKERS ALICANTE to provide access to the Service, it is necessary for the User to first have provided it the personal data requested. LOCKERS ALICANTE reserves the right to check the information provided by the User. Providing data which does not correspond to the User is considered a violation and cause for immediate withdrawal of the Service.
4.1.4. In any case, LOCKERS ALICANTE may suspend, limit access or withdraw the service from any User who does not comply with the content of these Terms of Use, without this User being able to claim any liquidated damages.
4.2. Reservation of the Service
4.2.1. Access to the Service is subject to prior completion of the corresponding form provided to the User through the Platform (the “Reservation Form”).
4.2.2. The data provided by the User in the Reservation Form must be precise, up to date and true at all times. The User will be solely liable for false, imprecise, fraudulent and/or illegal information that they provide and the liquidated damages that this may cause.
4.2.3. Upon completing the Reservation Form, LOCKERS ALICANTE will send an email to the User, as proof of the reservation, with the reservation data of the Service and the receipt for the corresponding payment.
4.2.4. The User is responsible for checking the size and weight of their luggage before making the reservation of the Service. No claim or request for REFUND will be accepted in the case of the luggage exceeding these dimensions and/or weight. If for any reason Lockers Alicante decides to refund, the user must take into account that the refund will be reduced by the value of the commission charged by the Stripe payment platform plus a 1€ handling fee.
4.3. Limitations on use of the Service
4.3.1. LOCKERS ALICANTE reserves the right to control the maximum number of Community Locker compartments used simultaneously by the User.
4.3.2. LOCKERS ALICANTE does not guarantee the availability of the free Community Lockers compartments, which will depend on the use occurring at any time.
4.4. Late removal or abandonment of luggage in the Community Locker
4.4.1. In case of late removal of luggage, the user will pay a penalty of €0.95 for the range between 1 and 15 minutes, this value not being proportional.
4.4.2. If the User requests the delivery of any forgotten item, this will incur all costs, which will be paid in advance to IBAN ES58 0128 0641 7101 0003 2643 Bankinter, holder: Sitback Mediterranea S.L.
4.4.3. In the case of the User not having removed their luggage, leaving the Community Locker empty within 20 days after the end of the Service, the User authorises LOCKERS ALICANTE to destroy any item and/or document found in the Community Locker, as it will be considered abandoned, being expressly and irrevocably exonerated and not liable for any compensation and/or claim for liquidated damages against LOCKERS ALICANTE.
4.5. Disqualification from provision of the Service
4.5.1. LOCKERS ALICANTE may disqualify, suspend or terminate access to the Service for any User immediately if it considers the User to have been non-compliant with these Terms of Use.
4.5.2. In the case of LOCKERS ALICANTE disqualifying the User from accessing the Service, they commit to not attempting to make use of it.
4.5.3. In the case of the User no longer being able to enjoy the Service, for any reason, they commit to leaving the Community Locker empty. Otherwise, the User authorises LOCKERS ALICANTE to destroy any item and/or document found in the Community Locker, as it will be considered abandoned, being expressly and irrevocably exonerated and not liable for any compensation and/or claim for liquidated damages against LOCKERS ALICANTE.
5. USE OF THE COMMUNITY LOCKER
5.1. The User will act with the utmost diligence in use of the Community Locker, in its preservation, and will respect the associated instructions, documentation, manuals and/or materials, as well what is set out in these Terms of Use.
5.2. The Community Lockers must be used for the purpose for which they have been made available to the User.
5.3. The User is obligated to not making any use or disposal of the Community Locker that is illegal, or against the Law, morality or public order, or which may in any other way lead to injury or damage to third parties (natural or legal) and/or property.
5.4. Likewise, the User is obligated not to store flammable, toxic, harmful and/or dangerous substances in the Community Locker.
5.5. The User is responsible for not storing objects valued at a total of over €300 per locker in the Community Locker, LOCKERS ALICANTE being exonerated of any liability.
5.6. The User is obligated to notify LOCKERS ALICANTE, with the maximum urgency and diligence, of any disturbing action carried out by a third party in the Community Locker.
5.7. To be able to use the Community Locker, it is necessary for the User to have a computer, mobile or any other device with internet access, to receive emails with notifications related with use of the Community Locker.
5.8. The User is responsible for ensuring that the door of the Community Locker is correctly closed after placing the luggage inside.
5.9. The User acknowledges and accepts that LOCKERS ALICANTE has the right to open and inspect the goods placed in the Community Locker at any time for safety reasons.
6. DURATION OF THE CONTRACT
6.1. The User can make use of the Service while:
a) The service contracted through the Reservation Form is in effect, provided that the requirements established in the Terms of Use are complied with.
b) LOCKERS ALICANTE has not disqualified the User from Use of the Service due to considering them to have been non-compliant with these Terms of Use.
c) The Licence Agreement is in effect between Megablok and LOCKERS ALICANTE.
d) Megablok has not suspended, restricted or interrupted access to the Platform, either temporarily or permanently, for LOCKERS ALICANTE, due to contravening the content of the Licence Agreement.
7. TECHNICAL SUPPORT
7.1. There is a technical support service through the Platform (“Technical Support”).
7.2. Through Technical Support, the User can resolve queries regarding use of the Platform or the Community Locker.
7.3. Through Technical Support, the User can inform LOCKERS ALICANTE of any issue related with the operation of the Community Locker and the Platform.
7.4. The User service hours will be from Monday to Sunday from 9:00 to 22:00, only by WhatsApp on the number 652 096 704, and/or at the email address hola@lockersalicante.com.
7.5 Any manual handling or assistance to make the booking without using the automated system on the web, will have an additional charge of €1.5 for the provision of personalised services through the operator.
8. OWNERSHIP OF THE COMMUNITY LOCKER AND OF THE PLATFORM.
8.1. The User expressly acknowledges that LOCKERS ALICANTE is the owner of the Community Locker located in Avenida Salamanca, 8, bajo, derecha, 03003, Alicante.
8.2. Without prejudice to the above, the User expressly acknowledges that Megablok is the exclusive owner and/or holder of all inherent rights to the software embedded in the Community Locker for their control, the MDM in charge of the management, receipt and presentation of information generated by the Community Locker, the Platform, as well as any other computer program or system linked with any other elements related with them. This ownership covers all intellectual, industrial and any other nature of rights, including among others, rights of reproduction, distribution, public communication, availability and transformation over them and any of their elements, including the source code, the object code, technical documentation, User Guide (or any other user manual), etc., as well as any other element related with or derived from them.
8.3. By virtue of these Terms of Use, it will be understood that the User is not transferred any intellectual, industrial or any other nature of rights regarding the Community Locker, the software embedded in it for its control, the MDM in charge of the management, receipt and presentation of information generated by the Community Locker, the Platform, or any other computer program or system linked with any other elements related with them, beyond the right of using it under the terms established in these Terms of Use.
8.4. In this sense, the User expressly authorises Megablok and/or LOCKERS ALICANTE to use the information gathered during the use of the Community Locker as effective evidence of its use in any type of court case or proceedings, of any nature, whether against the User or against any other party.
9. LIABILITY.
9.1. The User bears all responsibility and all risks for the goods placed in the Community Locker. LOCKERS ALICANTE assumes no liability in any case of robbery, loss, theft, misplacement, abandonment, deterioration and/or impairment of the goods left in the Community Lockers which exceed a total of the €300 covered by insurance, even when occurring from the correct use of the Community Locker. Megablok assumes no liability in any case of robbery, loss, theft, misplacement, abandonment, deterioration and/or impairment of the goods left in the Community Lockers, even when occurring from the correct use of the Community Locker.
9.2. The user will be liable for all damages caused in the Community Locker during use of the Service which are attributable to them. Additionally, the User must report any incident related with the Service through Technical Support.
9.3. The User will be liable to LOCKERS ALICANTE and/or Megablok, as applicable, for liquidated damages, losses, costs (including fees of lawyers, prosecutors and/or experts) and/or liabilities derived, directly and indirectly (including but not limited to loss of profit, interruption of commercial activities or loss of information, among others) for acts or omissions which entail non-compliance with the obligations assumed in the Terms of Use, either due to culpable non-compliance, or due to fault or negligence, in particular with regard to the conditions of use of the Community Locker.
9.4. In turn, the User will exonerate from liability and compensate LOCKERS ALICANTE and/or Megablok, as applicable, for all direct and indirect liquidated damages (including but not limited to loss of profit, interruption of commercial activities or loss of information, among others), losses, costs (including fees of lawyers, prosecutors and/or experts) and/or liabilities which had to be borne by Megablok and LOCKERS ALICANTE as a result of any action and/or claim initiated by third parties arising from non-compliance with the Terms of Use by the User carried out culpably or due to fault or negligence.
9.5. LOCKERS ALICANTE and/or Megablok will not be liable for incidents in the operation of the Community Locker and/or the Platform in the following cases:
9.5.1. The Community Locker not being used by the User in compliance with the associated instructions, documentation, manuals and/or materials, or due to other cases set out in these Terms of Use.
9.5.2. There being problems in receiving emails at the address communicated by the User, for any reason.
9.5.3. There being misuse of the Community Locker by the User, causing it or any of its parts and/or components to not operate correctly.
9.5.4. Due to any non-compliance of the User with the content of these Terms of Use.
9.5.5. Errors, losses or reduced speed in connection to the internet, for any reason, which may affect the operation of the Community Locker and/or the Platform.
9.6. The Community Locker may be unavailable for any reason, including but not limited to: (i) maintenance and repair; (ii) any reason outside the control of LOCKERS ALICANTE or which could not be reasonably foreseen. Neither LOCKERS ALICANTE nor Megablok will in any case be liable for it being impossible to access the Community Lockers and/or for the liquidated damages that may arise from this.
9.7. Megablok reserves the right to carry out updates, corrections or other changes or improvements on the Platform at any time. Likewise, Megablok reserves the right to temporarily or permanently suspend access, with or without prior notification, to carry out these updates, without Megablok incurring direct or indirect liability (including but not limited to loss of profit, interruption of commercial activities or loss of User information, among others) for doing so.
10. PROCESSING OF PERSONAL DATA
10.1. LOCKERS ALICANTE refers you to the full content of the Privacy Policy.
11. FORCE MAJEURE
11.1. LOCKERS ALICANTE and Megablok will not be liable to the User for non-compliance with obligations derived from this Contract in case of the non-compliance being due to force majeure, for these purposes being understood as any unforeseeable and unavoidable event outside of the control of this Party and making compliance with the obligations taken on materially or legally impossible, and provided that it is not due to a prior non-compliance by the party affected by the force majeure.
11.2. Force majeure will be understood, among other factors, as cases of war, acts of terrorism, earthquakes, lightning strikes, epidemics and pandemics, sabotage, and restriction of freedom of movement in compliance with state laws, rules, regulations or resolutions.
12. NOTIFICATIONS
12.1. All communications and notifications that must be made regarding these Terms of Use must be made by email to the address or physical address indicated below, provided that, in all cases, acknowledgement of receipt is duly provided by the recipient or recipients:
• LOCKERS ALICANTE:
– Email address: hola@lockersalicante.com.
– Address: Avenida Salamanca, 8, bajo, derecha, 03003, Alicante.
12.2. LOCKERS ALICANTE will send all communications it must make to the User to the email address provided in the registration on the Platform.
12.3. Any modification of the addresses and/or email addresses must be immediately communicated to each one of the parties in accordance with the rules established in this clause. While one Party has not received notification of such changes, notifications it sends in accordance with these rules using the original data will be understood as having been made correctly.
13. APPLICABLE LAW AND COMPETENT JURISDICTION
13.1. The existence, validity, content, execution, interpretation and scope of these Terms of Use will be governed by Spanish law.
13.2. LOCKERS ALICANTE and the User agree that any disagreement, dispute, contention or claim related with these Terms of Use which cannot be resolved amicably will be definitively resolved before the Courts and Tribunals of the city of Alicante, expressly waiving their own jurisdiction.
