INTRODUCTION
 
Sandra del Pino , holder of Spanish tax ID (N.I.F.) 76875607Q, with address at Calle Topacio, nº 2, BLOQUE 2, 3ºA, 29631, Benalmádena, Málaga (hereinafter, “LOCKERS & LOCKERS”), provides a luggage storage service that offers its users a point for storing and depositing luggage (hereinafter, “the Luggage”) by means of Community Lockers of the brand MEGABLOK, purchased by LOCKERS & LOCKERS and made available to its users at the premises located at Plaza de Andalucía 4, local 8, 29620 Torremolinos (Málaga).
 
Users are informed that MEGABLOK, S.A.U., holder of Spanish tax ID (N.I.F.) A-50711498, with registered office in Zaragoza, Plataforma Logística PLAZA, Calle Palermo, número 7 (hereinafter, “Megablok”), is the exclusive owner and/or holder of all rights inherent to the software installed in the Community Lockers to control them, to the Meter Data Management (“MDM”) system responsible for managing, receiving and presenting the information they generate, and to the software that manages bookings, the Community Lockers and data processing, as well as any other computer program or system linked to any other elements related to them (all of the above, jointly referred to as “the Platform”). In this regard, there is a licence agreement for the use of the Platform (hereinafter, “the Licence Agreement”) entered into between LOCKERS & LOCKERS and Megablok.
 
ACCEPTANCE OF THE TERMS
 
Acceptance of these general Terms and Conditions of use (hereinafter, the “Terms of Use”) is a necessary condition for becoming a user (hereinafter, the “User”) and being able to benefit from the use of the Community Locker. Acceptance implies that the User has read the Terms of Use and expressly and voluntarily accepts each and every one of the provisions set out in these Terms of Use and undertakes to comply with them.
 
However, LOCKERS & LOCKERS reserves the right to amend these Terms of Use at any time; any amendments will be communicated to Users for their acceptance by means of notices sent by email.
 
LOCKERS & LOCKERS reserves the right to deny a User access to the Community Locker whenever it considers that this may involve a possible breach of these Terms and Conditions.
DESCRIPTION OF THE SERVICE
 
The Service provided by LOCKERS & LOCKERS consists of offering Users an automated luggage storage service through the online booking system.
 
ACCESS TO AND USE OF THE SERVICE
 
General conditions
 
The User undertakes to make appropriate and lawful use of the Community Lockers. Such use must therefore comply with the applicable legislation, the Terms of Use, morality, generally accepted good practice and public order.
 
The User acknowledges and accepts that access to and use of the Community Lockers takes place freely and knowingly, under their sole responsibility. LOCKERS & LOCKERS shall in no event be liable for the use that the User may make of the Community Lockers, nor for any damage or loss that may result from it.
 
In order for LOCKERS & LOCKERS to provide access to the Service, the User must first have provided it with the personal data requested. LOCKERS & LOCKERS reserves the right to verify the information provided by the User. Providing data that does not belong to the User is considered an infringement and grounds for immediate termination of the Service.
 
In any case, LOCKERS & LOCKERS may suspend, limit access for, or terminate any User who fails to comply with the provisions of these Terms of Use, without that User being entitled to claim any damage or loss.
 
Booking the Service
 
Access to the Service is subject to prior completion of the corresponding form provided to the User through the Platform (the “Booking Form”). The data provided by the User in the Booking Form must be accurate, up to date and truthful at all times. The User shall be solely responsible for any false, inaccurate, fraudulent and/or unlawful information they provide and for any damage it may cause.
 
 To book the Service, the User shall follow the corresponding instructions shown on screen and accept the purchase by completing those instructions, which involves, among other things, reading and accepting these Terms of Use and the Privacy Policy.
 
The steps to book the Service are as follows:
 
The User accesses the website www.lockersandlockers.com.
 
The User then fills in the requested details on the Booking Form, including the size of the locker they wish to book, the period of use and the necessary personal data.
 
Once the Booking Form has been completed, the User is redirected to the bank’s secure payment gateway. Once the booking has been completed, LOCKERS & LOCKERS will send the User an email as proof of booking, containing the details of the Service booking, the receipt for the corresponding payment, a numeric code to access the premises and a QR code that enables use of the Community Locker.
 
To access the premises, the User must enter the code provided on the access keypad located at the entrance.
 
Then, to open the Community Locker and deposit their belongings, the User must scan the QR code provided on the Community Locker screen.
 
The User is responsible for checking the size and weight of their luggage before booking the Service. No claim or refund request will be accepted if the luggage exceeds these dimensions and/or weight.
 
If there is any error in the data provided by the User, the User must report it immediately through the Technical Support Service so that the error can be corrected.
 
The User is informed that these Terms of Use will be accessible at all times through the Platform.
 
Price.
 
The prices applicable to each product will be those published on the Platform and applied automatically by the booking process in its final stage. The price is set in euros and includes VAT.
 
Limitations on the use of the Service
 
LOCKERS & LOCKERS reserves the right to control the maximum number of Community Locker compartments used simultaneously by the User.
 
LOCKERS & LOCKERS does not guarantee the availability of free Community Locker compartments, which will depend on usage at any given time.
 
Late collection of luggage from the Community Locker
 
In the event of late collection of luggage, the user will pay a penalty of €3–€4, depending on the size of the locker, proportional to the time by which the period of use is exceeded.
 
If the User requests that a forgotten item be sent to them, the User shall bear all costs, which must be paid in advance.
 
Disabling of the Service
 
LOCKERS & LOCKERS may disable, suspend or terminate any User’s access to the Service immediately if it considers that the User has breached these Terms of Use.
 
If LOCKERS & LOCKERS disables the User’s access to the Service, the User undertakes not to attempt to use it.
 
If the User is no longer able to use the Service, for whatever reason, they undertake to leave the Community Locker empty. Otherwise, the User authorises LOCKERS & LOCKERS to destroy any object and/or document found in the Community Locker, as it will be considered abandoned, expressly and irrevocably releasing it from and waiving any compensation and/or claim for damages against LOCKERS & LOCKERS.
 
USE OF THE COMMUNITY LOCKER
 
The User shall exercise the utmost diligence in the use and care of the Community Locker and shall comply with the instructions, documentation, manuals and/or associated material, as well as with the provisions of these Terms of Use.
 
The Community Lockers must be used for the purpose for which they have been made available to the User.
 
The User undertakes not to make any use or disposal of the Community Locker that is unlawful or contrary to the law, morality or public order, or that may in any other way cause injury or damage to third parties (natural or legal persons) and/or property.
 
Likewise, the User undertakes not to store flammable, toxic, harmful and/or dangerous substances in the Community Locker.
 
The User is responsible for not storing in the Community Locker items with a total value of more than €100 per locker.
 
The User undertakes to notify LOCKERS & LOCKERS, with the utmost urgency and diligence, of any act of interference carried out by a third party in the Community Locker.
To use the Community Locker, the User must have a computer, mobile phone or any other device with Internet access on which they can receive emails at the email address to which notifications related to the use of the Community Locker will be sent.
 
The User is responsible for making sure that the Community Locker door is properly closed after depositing the luggage.
 
RIGHT OF WITHDRAWAL
 
Where, in accordance with Spanish Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, the User acts as a consumer or user, the User has 14 calendar days from the date of contracting the Service to withdraw from it and obtain a refund of all payments made.
 
Notwithstanding the above, the right of withdrawal shall not apply once the Service has been fully performed, or once performance of the Service has begun with the User’s prior express consent. In the latter case, the User must pay LOCKERS & LOCKERS an amount proportional to the part of the Service already provided at the time the User informed the trader that they were exercising the right of withdrawal, in relation to the price of the Service contracted. The proportional amount payable to LOCKERS & LOCKERS will be calculated on the basis of the total price agreed.
 
To exercise the right of withdrawal, the User must send a communication to LOCKERS & LOCKERS by email to info@lockersandlockers.com.
 
For these purposes, consumers or users are natural persons acting for purposes outside their trade, business, craft or profession, and legal persons and entities without legal personality acting on a non-profit basis outside a commercial or business activity (“Consumers”).
 
TERM OF THE CONTRACT
 
The User may use the Service as long as:
 
The Service contracted through the Booking Form remains in force, provided that the requirements set out in the Terms of Use are met.
 
LOCKERS & LOCKERS has not disabled the User’s use of the Service on the grounds that the User has breached these Terms of Use.
 
The Licence Agreement between Megablok and LOCKERS & LOCKERSremains in force.
 
Megablok has not suspended, restricted or interrupted, whether temporarily or permanently, access to the Platform for LOCKERS & LOCKERS for breaching the provisions of the Licence Agreement.
 
LANGUAGE OF THE CONTRACT
 
All information on the website is displayed in Spanish, and communication with Users and the formalisation of the contract will take place in that language; however, if the customer so wishes, they may ask about the option of doing so in another language, always indicating this before starting the booking procedure. Versions of these terms in other languages are provided for information only; in the event of any discrepancy, the Spanish version shall prevail.
 
TECHNICAL SUPPORT
 
A technical support service is available through the Platform (“Technical Support”).
 
Through Technical Support, the User may resolve queries regarding the use of the Platform or the Community Locker.
 
Through Technical Support, the User may inform LOCKERS & LOCKERS of any problem related to the operation of the Community Locker and the Platform.
Customer service hours are Monday to Sunday from 8:00 to 22:00, via WhatsApp only at +34 608 40 95 76 and/or by email at info@lockersandlockers.com.
OWNERSHIP OF THE COMMUNITY LOCKER AND THE PLATFORM.
 
The User expressly acknowledges that LOCKERS & LOCKERS is the owner of the Community Locker located at Plaza de Andalucía 4, local 8, 29620 Torremolinos (Málaga).
Notwithstanding the above, the User expressly acknowledges that Megablok is the exclusive owner and/or holder of all rights inherent to the software installed in the Community Locker to control it, to the MDM responsible for managing, receiving and presenting the information generated by the Community Locker, to the Platform, and to any other computer program or system linked to any other elements related to them. Such ownership extends to all intellectual and industrial property rights or rights of any other kind including, among others, the rights of reproduction, distribution, public communication, making available and transformation of them and any of their elements, including the source code, object code, technical documentation, User Guide (or any other user manual), etc., as well as any other element related to or derived from them.
 
These Terms of Use shall not be understood as assigning to the User any intellectual or industrial property right, or right of any other kind, relating to the Community Locker, the software installed in it to control it, the MDM responsible for managing, receiving and presenting the information generated by the Community Locker, the Platform, or any other computer program or system linked to any other elements related to them, beyond the right to use it under the terms set out in these Terms of Use.
 
In this regard, the User expressly authorises Megablok and/or LOCKERS & LOCKERS to use the information collected during the use of the Community Locker as effective evidence of its use in any type of case or proceeding, of any nature, whether against the User or against any other party.
 
LIABILITY.
 
LOCKERS & LOCKERS accepts liability for robbery, theft, loss, deterioration and/or damage of the belongings deposited in the Community Lockers up to a maximum of €100 per locker, subject to a prior police report. For this purpose, LOCKERS & LOCKERS has taken out an insurance policy covering €100.
 
The User shall be liable for all damage caused to the Community Locker during the use of the Service that is attributable to them. In addition, the User must report any incident related to the Service through Technical Support.
 
The user may not place flammable, polluting or dangerous materials, or animals or other living beings, in the lockers.
 
If any material deposited in the lockers requires a permit or licence to be held, the user must hold that licence.
 
Do not place food or drink in the lockers unless it is packaged. Do not place money, jewellery, technological items (tablets, computers, televisions, etc.) or goods of special value in the lockers; the decision to use the rented lockers to store this type of valuable goods is the user’s sole and exclusive responsibility.
 
The User shall be liable to LOCKERS & LOCKERS and/or Megablok, as appropriate, for any damage, loss, costs (including lawyers’, court representatives’ and/or experts’ fees) and/or liabilities arising, directly or indirectly (including, by way of example but not limited to, loss of profit, interruption of business activities or loss of information, among others), from acts or omissions that constitute a breach of the obligations assumed under the Terms of Use, whether through wilful misconduct, fault or negligence, especially with regard to the conditions of use of the Community Locker.
The user must enter the premises only to access the lockers, without staying on the premises longer than strictly necessary, and must not take photos or recordings of the security mechanisms of the premises.
 
Furthermore, the User shall hold harmless and indemnify LOCKERS & LOCKERS and/or Megablok, as appropriate, against all direct and indirect damage (including, by way of example but not limited to, loss of profit, interruption of business activities or loss of information, among others), losses, costs (including lawyers’, court representatives’ and/or experts’ fees) and/or liabilities that Megablok and LOCKERS & LOCKERS may have to bear as a result of any actions and/or claims brought by third parties arising from the User’s breach(es) of the Terms of Use, whether through wilful misconduct, fault or negligence.
 
LOCKERS & LOCKERS and/or Megablok shall not be liable for incidents in the operation of the Community Locker and/or the Platform in the following cases:
 
Where the Community Locker was not used by the User in accordance with the instructions, documentation, manuals and/or associated material, or with the other provisions of these Terms of Use.
 
Where there are problems receiving emails at the address provided by the User, for whatever reason.
Where misuse of the Community Locker by the User causes it or any of its parts and/or components not to work properly.
 
Any breach by the User of the provisions of these Terms of Use.
 
Errors, losses or reductions in Internet connection speed, for whatever reason, that may affect the operation of the Community Locker and/or the Platform.
 
The Community Locker may be unavailable for any reason, including, by way of example and without limitation: (i) maintenance and repair; (iii) any reason beyond the control of LOCKERS & LOCKERS or that could not reasonably have been foreseen. Neither LOCKERS & LOCKERS nor Megablok shall in any event be liable for the inability to access the Community Lockers, nor for any damage or loss that may result from it.
 
Megablok reserves the right to make updates, corrections and other changes or improvements to the Platform at any time. Megablok also reserves the right to suspend access, temporarily or permanently, with or without prior notice, in order to carry out such updates, without Megablok incurring any direct or indirect liability whatsoever (including, by way of example but not limited to, loss of profit, interruption of business activities or loss of Users’ information, among others) as a result.
 
 
PROCESSING OF PERSONAL DATA
 
LOCKERS & LOCKERS refers in full to the provisions of the Privacy Policy.
Consent to Video Surveillance and Disclosure of Data: By using our services and the facilities of LOCKERS & LOCKERS, the user gives their express consent to be recorded by the video surveillance systems installed on the premises, in order to ensure the safety of people, property and facilities. Likewise, the user agrees that their personal data, including the images captured and any other information provided during the booking process or use of the service, may be disclosed to the competent authorities (such as the police) if they so require in the context of a judicial investigation or where required by law. The legal basis for this processing is your consent and compliance with a legal obligation or legitimate interest in security, as detailed in our Privacy Policy.
 
FORCE MAJEURE
 
LOCKERS & LOCKERS and Megablok shall not be liable to the User for failure to perform obligations arising from this Contract where such failure is due to force majeure, meaning, for these purposes, any unforeseeable and unavoidable event beyond the control of that Party that makes it materially or legally impossible to perform the obligations assumed, provided that it is not due to a prior breach by the party affected by the force majeure event.
 
Force majeure shall include, among others, war, acts of terrorism, earthquakes, lightning strikes, epidemics and pandemics, sabotage, and restrictions on freedom of movement in compliance with state laws, rules, regulations or resolutions.
 
 
NOTICES
 
All communications and notices to be given in connection with these Terms of Use must be sent by email to the address or to the physical address indicated below, provided that, in all cases, there is proof of their due receipt by the recipient or recipients:
 
LOCKERS & LOCKERS:
 
Email address: info@lockersandlockers.com
Address: Plaza de Andalucía 4, local 8, 29620 Torremolinos (Málaga)
 
 
LOCKERS & LOCKERS will send any communication to the User to the email address provided when registering on the Platform.
 
Any change of addresses and/or email addresses must be communicated immediately to each of the parties in accordance with the rules set out in this clause. Until a Party has received notice of such changes, any notices it gives in accordance with these rules using the original details shall be deemed to have been validly given.
 
GOVERNING LAW
 
The existence, validity, content, performance, interpretation and scope of these Terms of Use shall be governed by Spanish law.

This translation is provided for information purposes only. In the event of any discrepancy, the Spanish version shall prevail.