GENERAL TERMS AND CONDITIONS MALLORCA LOCKERS OBJECT

OBJECT
These general conditions regulate the contracting of the MALLORCA LOCKERS lockers (owned by the entity TATO GUARDAO, S.L.) through the touch screen located in the commercial premises of MALLORCA LOCKERS in Palma de Mallorca, Pasaje de la Sena, Local nº 8, as well as its use. Also, these conditions regulate the contractual relationship between TATO GUARDAO S.L. (owner of the lockers MALLORCA LOCKERS) and the user who hires the locker service MALLORCA LOCKERS.

The parties shall be referred to interchangeably as MALLORCA LOCKERS or TATO GUARDAO, S.L. and User or Client.

THE SERVICE

MALLORCA LOCKERS offers its Users the possibility of renting any of its lockers for periods of calendar days (within the schedules offered by MALLORCA LOCKERS).

What type of lockers does MALLORCA LOCKERS offer?

MALLORCA LOCKERS offers two types of lockers:

Medium lockers (M), which measures 580mmX436mmX293mm. These lockers can hold 1 cabin suitcase.
Large lockers (XL), measuring 580mmX436mmX856mm. These lockers can hold approximately 4 cabin suitcases or one large suitcase.
What can a User put inside his or her locker?

Within the limits set forth in this document (see Limits on the use of the lockers section), a User may place as many items as he/she wishes inside the rented locker(s).

How can a User know if there are free MALLORCA LOCKERS lockers?

In the store itself, on the touch screen that contains a software enabled to make the purchase, the User will be able to know the availability of lockers for the desired days.

For how long can I rent the same locker?

The User can hire the locker rental service for a minimum of 1 day and a maximum of 90 calendar days.

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

The rental service of each locker will be accessible during the hours indicated on the commercial premises, every day of the week, 365 days a year. Outside the hours indicated, the lockers will not be accessible, since the premises where they are located will be closed for security and maintenance reasons.

Once the User has inserted the packages, can he/she only go back to the locker to pick them up?

No. Once the User has inserted the packages, he/she can access the locker as many times as he/she wishes, but must always leave it closed and empty and locked at the end of the rental period.

What is the price to be paid by the User per type of locker/day?

Prices
The prices applicable to each product are those indicated on the touch screen located in the commercial premises at the time of purchase. The final prices shown on the touch screen include VAT and refer to the rental of a locker (depending on its size) per calendar day (from 7.00 am to 00.00 pm).

The offers will be duly marked and identified as such, conveniently indicating the previous price and the price of the offer.

MALLORCA LOCKERS reserves the right to make on the website and in the commercial premises at any time and without notice, the changes it deems appropriate, and may update products and services on a daily basis depending on the market.

Method of payment
Purchases can be paid by any of the means indicated on the touch screen located in the commercial premises. Specifically by credit or debit card.

How do I use the lockers?

The lockers offered through MALLORCA LOCKERS are fully automatic. The User must contract the number of lockers, size and booking period on the touch screen located in the store.

Once the contracting is completed, the User will be shown on the touch screen the confirmation of the contracting, the number of the reserved locker or lockers and the security code to access the locker or lockers.

Therefore, the User will only be able to access his/her locker through the security code provided on the touch screen when making the reservation, so it is essential that he/she write it down or photograph it.

Once the booking is confirmed, the assigned locker will be automatically opened and the User will be able to deposit his/her luggage or other permitted objects and must leave it closed every time he/she opens it, even when he/she finally removes his/her belongings.

What can the User do if he/she has any kind of incident in the use of the locker?

In case of breakdown, blockage or any other type of technical incident in the use of the locker, provided it is during business hours, the User will have at his disposal the assistance service of MALLORCA LOCKERS that can be used by calling +34 650.42.09.37. The aforementioned telephone number will only attend technical incidents or breakdowns and not any other query about the use of the locker.

For any other queries, please send a written communication to the following address info@mallorcalockers.com.

Can the User modify or cancel his/her reservation?

No, because the reservation is made in situ, in the commercial premises and the prices are fixed (not per hour) per calendar day. In view of the above, if the User wishes to pick up his packages, he may do so at any time during business hours.

ACCEPTANCE AND PROOF OF ACCEPTANCE

The purchase of the products must be made through the touch screen located in the commercial premises, and expresses the total acceptance of each and every one of these General Conditions as they are shown at that time in the link that appears on the touch screen itself, without the application of any changes that may occur in the clauses of the General Conditions at a later date.

From the moment of acceptance, the user acquires the status of MALLORCA LOCKERS Client described in these General Conditions. Any product or service offered subsequently by MALLORCA LOCKERS must be the subject of a new contract.

If the Customer wishes to read more carefully the General Conditions can consult them on the website.

MALLORCA LOCKERS informs you that archives electronic documents in which purchases are formalized.

ACCESS AND RESERVATION

In order to hire the MALLORCA LOCKERS lockers, it is essential to meet the following requirements:

To be 16 years of age or older.
To fill in the necessary data to complete the payment.
Accept these general conditions of service contracting and use of the lockers.
Once the contracting process has been completed, the User will be shown a code on the touch screen of the commercial premises that he/she must remember, write down and/or photograph, as this code will be essential to open the locker and pick up the luggage.

obligations of the user. LIMITS ON THE USE OF THE LOCKERS.

The User, when contracting the MALLORCA LOCKERS locker rental services, is obliged, in particular and without limitation:

To use the lockers for the sole purpose of depositing goods of their property, you need to temporarily store in a safe place.
To use the lockers diligently and, in particular, to ensure that the locker has been properly closed when the User leaves the premises (after inserting the packages or remove them).
Not to use the lockers for illegal or unauthorized purposes. In particular, the User undertakes not to store objects whose mere possession or trafficking is illegal (such as stolen objects, drugs, pornographic materials or in any way degrading to human beings, etc.).
Not to deposit any property whose possession requires a license without such license or authorization (such as weapons).
Not to insert in the lockers any type of material that is polluting or dangerous (such as flammable objects or dangerous substances).
Not to use the lockers to deposit animals or any kind of living or deceased beings.
Not to insert food in the lockers, unless it is packaged food that cannot spill, stain the lockers or produce odors of any kind in the MALLORCA LOCKERS premises.
Not to provide your security code to any third party, being fully responsible for the breach of this obligation and its consequences.
Not to use the lockers to deposit goods to be collected by a third party. Consignments must not be used as a means of trafficking goods between parties. TATO GUARDAO S.L. does not authorize this use.
To access the premises and remain therein for the sole purpose of accessing the rented locker and only to carry out a specific action in relation to the packages inserted. The User may not remain in the premises longer than strictly necessary.
Not to eat or drink inside the premises.
To remove the packages inserted in the rented locker(s), when the rental period is over.
To leave the lockers, at the end of the service, in the same condition in which he found them and, in particular, to notify MALLORCA LOCKERS through info@mallorcalockers.com any incident that the user is in the use of the lockers or their status.
Not to take pictures or videos inside the premises MALLORCA LOCKERS and, in particular and without limitation, not to take pictures or recordings of the security mechanisms of the premises.
Not to include in the lockers money, jewelry, technological items (tablets, computers, televisions, etc.) or goods of special value, being the sole and exclusive responsibility of the user’s decision to use the rented lockers to store this type of goods of special value.
To pay the price of the locker with a credit/debit card of his/her ownership or with the authorization of its owner.
CONSEQUENCES AND RESPONSIBILITY OF THE USER IN CASE OF NON-FULFILLMENT OF HIS OBLIGATIONS

The User shall indemnify TATO GUARDAO, S.L. for any damages arising from the breach of its obligations under this contract.

Failure to comply with any of these Conditions may result in the withdrawal or cancellation of the Services by MALLORCA LOCKERS without prior notice to the Customer and without entitlement to any compensation.

Also, in the event of breach of the rental period, breach of the proper use of the lockers and damage caused in the lockers by Users, the following shall apply:

Failure to comply with the rental term:

If the User does not remove the packages from the lockers within the rental period, the cost of return shall be borne 100% by the User and TATO GUARDAO, S.L. shall not assume any risk for the transport of the packages.

Thirty days after the end of the rental period, without the User having proceeded to claim the return of the packages, it will be understood that the goods have been abandoned by the User for all purposes.

In this case, TATO GUARDADO, S.L. shall cease to keep them and shall dispose of them as it deems appropriate or convenient, depending on the type of goods abandoned.

For each day that elapses, from the expiration of the rental period without having been released by the User, until its delivery to the User or collection by the User, an amount equivalent to the price of the uncollected consignment will be charged per day, regardless of the right of TATO GUARDADO, S.L. to claim the damages actually suffered.

Transport costs shall be paid, prior to shipment, by the User.

Non-compliance with the proper use of the lockers

TATO GUARDAO, S.L. reserves the right to remove any object that does not comply with the rules of use of the lockers and is a prohibited object. In this case, TATO GUARDAO, S.L. shall be authorized to call the police or competent authority and report the conduct, as well as to remove the prohibited objects.

The User shall be responsible for the objects inserted in the lockers.

In any case, the removal of the prohibited items will entail a penalty of 200€, a penalty that will not exclude the obligation of the non-compliant User to compensate TATO GUARDAO, S.L. for the damages actually caused.

Damages caused in the lockers and/or premises by the Users

The User shall be fully responsible for any damage or deterioration that may be caused in the lockers due to improper or inadequate use and in the business premises. If applicable, the User shall compensate TATO GUARDAO, S.L. for the physical damage caused to the locker/s and/or the business premises as well as for the loss of profits.

In particular and without limitation, the User causing the damage shall pay TATO GUARDAO, S.L. a daily rental penalty per day that the locker is unusable, which is set at 100 Euros per day, as well as the cost of repair or replacement, which is quantified in the case of replacement at 1,000 Euros, regardless of the damages caused.

The damages that the User may cause in the premises for its improper or inadequate use, will be penalized with a minimum of 400 Euros, being able to increase the referred amount up to the amount that MALLORCA LOCKERS can justify the damages.

Payment of penalties

The penalties detailed in this section will be paid by the User with the same means of payment used by the User when hiring the service or by bank transfer to the account indicated by TATO GUARDAO, S.L. if required by the User. The User expressly accepts that TATO GUARDAO, S.L. will proceed to collect the amounts established in this section using the card or payment method used by the User when contracting the service.

OBLIGATIONS OF TATO GUARDAO S.L.

TATO GUARDAO, S.L. is obliged to keep the locker service active and to make available to the User, during the contracted time, the locker or lockers that the User has contracted in good conditions of use.

Likewise, TATO GUARDAO, S.L. undertakes to resolve any incident that may arise in the use of the lockers as soon as possible.

LIMITATION OF LIABILITY OF TATO GUARDAO, S.L.

TATO GUARDAO S.L. offers a locker space rental service and is not responsible for the custody of the packages. The User is solely responsible for the goods included in the rented lockers.

The User, in case of theft, must file a complaint with the competent authorities.

TATO GUARDAO, S.L. offers a video surveillance service 24 hours a day, 365 days a year, which the User expressly accepts, so that, in the event that the competent authorities require the aforementioned recording, it will be sent to them as soon as possible by TATO GUARDAO, S.L.

CLAIMS

In the event that the User considers that he/she has grounds to file a complaint, he/she may do so by sending an e-mail to the following address info@mallorcalockers.com.

From TATO GUARDAO S.L. we will try to resolve the incident and seek a satisfactory solution for both parties.

In the event that the User is not satisfied with the response of TATO GUARDAO S.L. has the option to file a complaint form with the consumer authorities of the Community of the Balearic Islands. The corresponding form can be obtained through the following link:

http://www.caib.es/sites/activitats/es/hoja_de_reclamaciones-70198/

LANGUAGE

The language in which the contract between MALLORCA LOCKERS and the Customer will be perfected is Spanish, even if the Customer has chosen any other language available on the touch screen to navigate through it.

INTELLECTUAL AND INDUSTRIAL PROPERTY

The intellectual and industrial property rights on the works, trademarks, logos, and any other subject to protection, contained on the website and in the commercial premises of MALLORCA LOCKERS correspond exclusively to MALLORCA LOCKERS or third parties who have authorized their inclusion on the website and / or commercial premises. The unauthorized reproduction, distribution, commercialization or transformation of such works, trademarks, logos, etc. constitutes an infringement of the intellectual and industrial property rights of MALLORCA LOCKERS or the owner thereof, and may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights.

Also, the information to which the Customer can access through the website and the touch screen located in the commercial premises, may be protected by industrial property rights, intellectual or otherwise. MALLORCA LOCKERS not be liable in any case and under any circumstances for infringements of such rights that you may commit as a user.

DATA PROTECTION

In compliance with current legislation on data protection, the User is informed that the data that are processed through video surveillance will be treated for the purpose that has motivated the installation of the same and that is linked to ensure the safety of people, property and facilities.

The aforementioned recordings will be incorporated into files owned by TATO GUARDAO S.L – MALLORCA LOCKERS for security purposes and for the legally established time and will only be transferred to the competent authorities (Judges, Courts or Security Forces and Corps) in case of requirement or for the defense of the rights of TATO GUARDAO, SL.

You can exercise your rights by sending an email to info@mallorcalockers.com

JURISDICTION AND APPLICABLE LAW

In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, will hear the matter, will be those provided for in the applicable legal regulations regarding competent jurisdiction, in which, in the case of end consumers, the place of performance of the obligation or the domicile of the purchasing party is taken into account.

All this without prejudice to the Client’s right to go to the Consumer Arbitration Board of its demarcation.

In the case of a sale and purchase made by a company, both parties submit to Spanish law and, expressly waiving any other jurisdiction, to the Courts and Tribunals of Palma de Mallorca (Spain).

CONTACT ADDRESSES

Should any user have any questions about these general conditions, please contact info@mallorcalockers.com.