GENERAL TERMS AND CONDITIONS
This general terms and conditions (hereinafter referred to as “Agreement” or “General Terms and Conditions”) regulate the rental of storage lockers and shall enter into, with effect from 01.05.2019, by and between the following parties:
MR. GUIDO VENDRAME, sole trader, having registered office situated at 51, Censu Tabone Street, St Julians, Malta STJ1217 and bearing VAT number MT24821019 (hereinafter referred to as “Lessor” or “Malta )
YOU, the person ordering and using the services offered by the Lessor via the website “maltalockers.com” or at the MaltaLockers store (hereinafter referred to as “Customer”)
A. Whereas the Lessor is the provider of a locker rental service offered at the premises situated at 51, Censu Tabone Street, St Julians, Malta STJ1217 bearing the name “MaltaLockers” store and/or via its custom developed website “maltalockers.com” (hereinafter referred to as “MaltaLockers”)
B. Whereas the Customer is willing to order, use, benefit from the services offered by Lessor under the terms and conditions set for in the present Agreement:
The General Terms and Conditions below regulate the relationship between the Parties:
The definitions below shall apply to the Terms and Conditions hereunder, which govern the locker rental services offered by Lessor.
“maltalockers.com” is the name of the custom developed website owned and managed by Lessor;
“Payment” means the amount paid by the Customer to Lessor, determined based on the rental period and the size of the locker.
“Prohibited Items” means all goods or materials whose possession, storage and transportation is prohibited by any law, rule or regulation.
“Service” means the locker rental services provided by Lessor to the Customer via the website “maltalockers.com” or at the MaltaLockers store.
“Customer” means the person using the locker rental service via the website “maltalockers.com” or at the MaltaLockers store.
By using the Service via the Website “maltalockers.com” and on the premises of the MaltaLockers Store, the Customer acknowledges and agrees with the following general Terms and Conditions.
2. SERVICE PROVIDED BY LESSOR
2.1. Lessor provides an online booking Service for locker rental to the Customer via the custom developed website “maltalockers.com”.
2.2. Lessor provides an on-premises locker rental Service at the MaltaLockers store.
3. USE OF THE SERVICE
3.1. The MaltaLockers store is open 24 hours a day, 7 days a week, 365 days a year. The premises are strictly non-smoking.
3.2. The MaltaLockers store has 24-hour video surveillance connected to a central control system, as well as a private surveillance service.
3.3. Bookings for the locker rental Service can be made via the website “maltalockers.com” 24 hours a day, 7 days a week, 365 days a year. Online bookings made outside the opening hours of the MaltaLockers store can only be used during the following day’s opening hours.
3.4. The Customer acknowledges that the website “maltalockers.com” will go offline from time to time for updates and maintenance.
3.5. The Customer confirms that he or she has the legal capacity to use the Services of Lessor
3.6. During the online booking, the Customer is liable for all information provided and undertakes to ensure the accuracy of the information provided, including email address and mobile phone number (country prefix and number).
3.7. During the online booking, the Customer will be sent a booking confirmation e-mail containing the access code required to open the locker as soon as Payment has been made. No complaints will be accepted and no refunds will be given if the Customer does not receive the booking confirmation e-mail as a result of erroneous information provided by the Customer.
3.8. Lessor shall not be held liable under any circumstance for any false or inaccurate information provided by the Customer.
3.9. During the booking of the Service at MaltaLockers store, after the payment has been made, the Customer is liable to take and keep with himself/herself the receipt with the pincode that opens the locker.
4. ONLINE BOOKINGS AND PAYMENTS
4.1. Lessor uses third-party payment processing tools and does not have any contacts with or does not process any payment details – including but not limited to those related to the credit card – provided by the Customer.
4.2. Services required through the Website MaltaLockers.com has to be paid in advance.
4.3. In the event that Service is directly requested at the MaltaLockers permise where the items are to be deposited, at the locker reservation phase the first five hours rate will be paid. When user intends to collect his/her bags , before the items are returned, the amount owed for each hour or fraction of hour for the deposit period used after the first hour must be paid.
4.4. In case of purchase of the daily availability of the locker using the website (online booking), the fee will be 18.50 € regardless of the actual hours of deposit being used for the large size lockers, 14.00 EUR for the Medium size locker and 2.00 EUR for the Small size locker.
4.5. In case of purchase of the Service at the location the hourly rate and the price for the service is exposed clearly inside the MaltaLockers premise and on the website maltalockers.com.
4.6. If the customer plan to leave the goods for long term and in any case for more than 96 hours he/she is obliged to inform Lessor through the contact channels available, the e-mail email@example.com or calling the phone +356 77128163 that are clearly exposed inside the premises or on MaltaLockers website and agree on the period of storage for his/her items. In the event of non-collection of the items stored after 96 hours and in absence of any communication from the Customer, the Customer will be required to pay the rental for the 96 hours plus 25 €.
4.7. Any items left and not collected from the locker within 12 hours of the rental period, having expired the 96 hours and no communication being provided by the Customer or having expired the period of storage previously agreed with the Customer after the 48 hours, will be stored in a secure location for a maximum of 5 calendar days. The Customer will be required to pay administrative and handling fees of EUR 35 and a storage fee of EUR 25 per day. Lessor will determine the time for the collection of such items.
4.8. For security reasons, any unclaimed item left by the Customer will be destroyed after 5 calendar days.
4.9. If shipping is requested, the Customer must pay all costs thereof up front. In addition to the shipping costs, which will be determined based on weight, measurements, destination and shipping method, the Customer will be charged a fee of EUR 35 for the service.
4.10. Payments for Services must be made directly to Lessor account by debit or credit card or in cash via the coin operator at the store.
4.11. In paying by debit or credit card or cash, the Customer accepts these Terms and Conditions. When making Payments on the premises of the MaltaLockers store, the Customer will be given a receipt for each transaction. When paying online, a receipt will be sent to the Customer’s e-mail address.
4.12. Any damage, abuse or misuse by the Customer of the lockers and machines located on the premises of the MaltaLockers store shall be considered as criminal acts and shall result in legal action being taken.
4.13. The Customer shall not force the closure of the door of the locker that can prevent the locker to work correctly during its operation and is obliged to rent another locker if his/her items are not fitting inside one locker in a natural way.
5. LOCKER SIZES
5.1. The Lessor offers three sizes of lockers for rental: “small” lockers with 16 cm / 6 inch width, 16 cm /6 inch height and 23 cm / 9 inch depth; “medium” lockers with 48 cm / 19 inch width, 46 cm / 18 inch height and 85 cm / 33 inch depth; and “large” lockers with 48 cm / 19 inch width, 61 cm / 24 inch height, 85 cm / 33 inch depth. The maximum permitted weight for each locker is 30 kg.
5.2. The Customer undertakes to check the locker’s dimensions before rental and make sure the locker door is securely closed during and after the rental period. The Customer must make sure that no items are left inside the locker upon collecting his or her belongings.
5.3. If the Customer leaves the locker open, he or she shall pay a penalty fee of EUR 25.
5.4. The Customer acknowledges that any items prohibited by law, items considered hazardous under national legislation and items which by their nature or packaging may cause harm to people, the environment or other stored items, shall not be stored in lockers. In addition, the following items are also forbidden:
5.4.1. Precious jewels and metals (gold and silver in any form) and precious stones;
5.4.2. Securities and negotiable certificates (promissory notes, paper money, coins, debit or credit cards, cheques, etc.) and other non-negotiable securities;
5.4.3. Works of art and antiques;
5.4.4. Architectural models
5.4.6. Valuable documents, public or private offers of investments, revenue stamps, food stamps, fuel vouchers and fuel coupons, bonds, etc.;
5.4.7. Materials that may be considered pornographic or indecent;
5.4.8. Weapons (firearms, bladed or pointed weapons);
5.4.9. Explosive items and substances;
5.4.10. Flammable fluids;
5.4.11. Life-saving medicines;
5.4.12. Plants and animals, alive or dead;
5.4.13. Perishable goods, including food and garbage;
5.4.14. Narcotics, drugs or psychedelic substances;
5.4.15. Political materials;
5.4.16. Hazardous items materials;
5.4.17. Fragile items that are not suitable to be stored with other luggage;
5.4.18. Items of significant sentimental value;
5.4.19. Bulky goods and luggage that by its nature or packaging may cause harm to people or to the environment;
5.4.20. Items that are illegal to possess under law;
5.4.21. Laptops, Smartphones, and related equipment.
5.5. Lessor does not permit the storage of goods that at his own discretion are considered to be hazardous.
5.6. The Customer is liable for his or her belongings or luggage and all items contained therein.
5.7. The Customer acknowledges and agrees that Lessor and any Governmental Authority shall have the right to ask the Customer to open the luggage and make his or her items available for inspection to ensure that no forbidden items are stored in lockers.
5.8. Lessor shall not be held liable for any loss or damage suffered to items above, with sole liability being assumed by the Customer.
5.9. Lessor shall not be held liable for any negligence on the part of the Customer under any circumstances.
5.10. Should Lessor become aware that a locker contains any of the items listed in above, he shall, depending on the nature of that item, have the right to destroy or remove the item, hand it over to the Police or other authorities, ensure that it is suitably stored at the Customer’s expense or take any other actions necessary.
5.11. Lessor shall not be liable for any actions taken by the Customer and the Customer shall bear any costs that arise to Lessor as a result of breach of his obligations under the present article.
5.12. The customer that decides to use the Service and to put inside a small locker(s) an apartment key undertakes that no address of such apartment(s) shall be attached to any key.
6. LIABILITY LIMITS
6.1. Lessor shall be exempt from any claim concerning valuables contained in the Customer’s items. Furthermore, Lessor shall not be liable for shipping costs under any circumstances.
6.2. The items stored in each medium and large locker are insured for a maximum of 500 EUR per each locker including VAT and the price of all suitcases stored in the locker. The items stored in each small locker (including apartment keys) are insured for a maximum of 50 EUR per each locker including VAT and the price of all suitcases stored in the locker.
6.3. It is warranted that claims in respect of the Service being bought within the last 12 months, as should be disclosed and declared by the Customer, a proof of payment by means of a receipt or bank statement should be accessible and made available if requested.
6.4. Lessor shall not be held liable for any delay caused by failure to respect the opening hours of the MaltaLockers store or for failure to collect any items or luggage from the lockers.
6.5. Lessor shall not be held liable for any duly and fully proven damage that can be considered a direct and foreseeable consequence or an indirect consequence of delay and/or failure to collect items or luggage.
6.6. Lessor shall not be held liable for any missed flights or trains, loss of profit, market or reputation, breach by the Customer or missed opportunity to the Customer, even where Lessor was aware that such loss or damage might arise. Furthermore, Lessor shall not be held liable for any loss or damage, albeit indirect, incidental, calculated or consequential, including but not limited to cases of contract termination, negligence, wilful misconduct or default.
6.7. Lessor shall not be held liable if the electronic code is given to the Customer and the latter will disclose it with any other party.
7. TERMINATION OF AGREEMENT
7.1. No refund shall be awarded in the event of cancellation by the Customer.
7.2. Purchases made via the website “maltalockers.com” and on premises at the MaltaLockers store are regulated by the Maltese law in force at the date of purchase.
8. COMPLAINTS, ERRORS AND DEFECTS
8.1. Lessor shall not be held liable if it does not fulfil any obligation towards the Customer as a result of force majeure, including but not limited to the following: acts of God including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost; force majeure including accidents, acts of terrorism, strikes, embargoes, local disputes or civil uprisings; national or local disruptions; latent or inherent defects in the contents of the stored items; criminal acts of third parties; acts or omissions attributable to the Customer; acts or omissions attributable to a public official; or, in the event of shipping under these General Terms and Conditions, where any of the shipped contents contain an item that is prohibited by law or by these General Terms and Conditions.
8.2. Lessor shall not be held liable for broken handles and/or wheels or any damage to any item.
8.3. The Customer shall have the right to send a written complaint concerning the Services provided by Lessor, including documentary evidence, to the address of the MaltaLockers store no later than 5 calendar days after the end of the rental period.
8.4. The Customer shall contact the MaltaLockers store if he or she discovers any error in the information automatically received from Lessor.
9. COOKIES AND PERSONAL DATA
9.2. Customer’s data are stored and processed in a safe manner by Lessor. Customer can require termination of receiving any news at any time. Lessor shall refrain from sending spam. Customer’s data shall not be shared with third parties unless required by laws and regulations in force.
10. ONLINE ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS
10.1. By using the Service via the website “maltalockers.com” or on the premises of the MaltaLockers store, the Customer fully accepts these Terms and Conditions.
10.2. The acceptance of these General Terms and Conditions enables the Customer to access Services offered via the website “maltalockers.com” or on the premises of the MaltaLockers store.
10.3. Acceptance of these Terms and Conditions is total and indivisible, and the Customer cannot therefore choose for some of the Terms and Conditions to apply only or modify them.
10.4. By clicking on the button provided when making his or her booking, the Customer consents for information related to the Services of Lessor to be sent to the Customer’s e-mail address and, similarly, consents for commercial communications of Lessors to be sent to the Customer’s e-mail address.
11. APPLICABLE LAW AND JURISDICTION
11.1. The purchase of Services via the website “maltalockers.com” or on the premises of the MaltaLockers store shall be governed by Maltese law.
11.2. Any dispute that cannot be resolved between lessor and the Customer amicably shall be resolved by Maltese courts.
12. FINAL PROVISIONS
12.1. The parties agree that any international (foreign) elements contained in the relationship created by this agreement shall by governed by Maltese laws in accordance with the consumer’s rights under generally binding legal regulations.
12.2. If any provision of these Terms and Conditions is held to be or becomes illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall remain unaffected and (b) the parties shall endeavour to negotiate in good faith to replace the illegal, invalid or unenforceable provisions with valid provisions that give rise to an economic effect as close as possible to that of the illegal, invalid or unenforceable provisions.
12.3. Contact details of Lessor:
Attn: Guido Vendrame
address: 51 Censu Tabone Street, St Julians, Malta STJ1217
e-mail address: firstname.lastname@example.org,
telephone no.: +356 77128163