PONGO SELF STORAGE S.L

B66446931

Carrer Valencia, 182

08011 Barcelona, Barcelona

E-mail: hello@pongolockers.com

TERMS AND CONDITIONS

OBJECT

The following general conditions regulate the renting of the Pongo Lockers lockers (owned by PONGO SELF STORAGE, S.L.) through the website www.pongolockers.com, as well as their use. Likewise, these terms and conditions regulate the contractual relationship between PONGO SELF STORAGE, S.L. (owner of the Pongo Lockers lockers) and the user who hires the Pongo Lockers locker service. Hereinafter, PONGO SELF STORAGE, S.L. shall be referred to interchangeably as PONGO SELF STORAGE, S.L. or Pongo Lockers.

THE SERVICE

Pongo Lockers offers its users the possibility of renting any of its lockers for periods of calendar days (within the timetable offered by Pongo Lockers).

Users may deposit their luggage and belongings in the Pongo Lockers facilities, in the booked locker/s, exclusively during the contracted booking period.

Once the booking process has been completed, users will receive a booking confirmation code, which will indicate the number of the assigned locker, the duration of the booking, as well as the code or password to access the locker, in the terms that are indicated in the “access and booking” section.

What type of lockers does Pongo Lockers offer?

Pongo Lockers offers three types of lockers:

• Small lockers (M), measuring 30 cm (height) x 40 cm (width) x 85 cm (depth). These lockers can hold approximately 1 European standard carry on suitcase (low cost airline type) and 1 backpack.
• Medium lockers (XL), measuring 52 cm (height) x 40 cm (width) x 85 cm (depth). These lockers can hold approximately one medium size suitcase and 1 backpack or up to 3 European standard carry on suitcases and 2 backpacks.
• Large lockers (XXL), measuring 62 cm (height) x 40 cm (width) x 85 cm (depth). These lockers can hold approximately (a) 4 European standard carry on suitcases (55x40x20 cm) or; (b) one large suitcase (80x55x30 cm).

What can a User keep inside his/her locker?

Within the limits set out in this document (see Limits on the use of lockers section), a user may bring in as many packages as he/she wishes, within the specified dimensions, so as not to overload the locker.

How can a User find out if there are available lockers?

Through the website www.pongolockers.com, the User can find out the availability of lockers for the desired days.

For how long can the User rent out the same locker?

The User can hire the locker rental service for a minimum period of 1 calendar day.

When will the User be able to access the locker or lockers he/she has rented?

The locker rental service will be accessible to the User 24 hours a day, any day of the week.

Therefore, any User who rents a locker for a period of one day will be able to access it from 00.00h on the date on which the booking begins and must collect their luggage before 23.59h on the current day. Once the contracted reservation period has ended, Pongo Lockers shall be authorized to charge for an additional day, for each day that passes without the lockers being emptied, until such removal takes place. Under no circumstances shall Pongo Lockers open any belongings or access their contents.

It is the User's responsibility to deposit their belongings properly packed and not to leave any loose belongings.

The removed belongings will be kept at the facilities for a period of 48 hours, during which, they may be reclaimed by the User. Once this period has elapsed, the belongings shall be presumed abandoned for all purposes, and Pongo Lockers shall not assume any responsibility for them and shall be free to dispose of them, without the customer having any right to claim against Pongo Lockers.

Once the User has stored their luggage, can he/she only return to the locker to pick them up?

No. The User may access the rented locker as many times as he/she wishes or needs during the rental period of the locker(s). Therefore, if the User has forgotten something or needs to access their locker during the day, they will be able to do so without any problem during the period they have booked with their personal access code, provided at the time of booking.

What is the price to be paid by the User for each type of locker?

The price per locker will be that indicated on the Website at the time of contracting, the User being able to benefit from the special offers available at the moment.

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

How are the lockers used?

The lockers offered through Pongo Lockers are fully automated. The User can make a booking through our website www.pongolockers.com, indicating, in addition to their personal details, the number of lockers they wish to hire, their size and the booking period. Once the booking has been completed, the User will receive all the booking details, the number of the booked locker(s) and their security code to access their locker(s).

Therefore, the User will access his/her locker through the security code provided by PONGO SELF STORAGE, S.L., right after placing the booking.

What can the User do if he/she has any type of incident using the locker?

In the event of a breakdown, blockage or any other type of incident in the use of the locker, the User will have the Pongo Lockers customer service support at their disposal, which they can use by calling +34 650 852 926, by sending a WhatsApp message, or by writing an email to the following address hello@pongolockers.com.

Can the User modify or cancel their reservation?

Yes, as long as said modification or cancellation is made 24 hours before the date on which the service they have booked begins.

Refunds, if applicable, will be made within a maximum period of 20 days from the time of cancellation, provided that the User has made the cancellation 24 hours prior to the booking start date.

Failure by either party to comply with its obligations under these General Terms and Conditions shall entitle the non-defaulting party to terminate the booking by simply notifying the defaulting party. The consequences of early termination of the booking due to default by one of the parties shall be as follows:

• In the event of non-compliance by a User, the booking will be terminated, the User's belongings may be removed if the User does not do so within 2 hours of being requested to do so, and the User will not be entitled to the refund of the price paid for the booking. In the event of damage of the establishment, the facilities or the property of other users, the User shall be liable for the caused damage.
• In the event of non-compliance by the Company, the Company undertakes to refund the User the amount paid for the booking.

ACCESS AND BOOKING

Pongo Lockers will make an effort to provide a working Website to use 24/7 and to ensure, as far as reasonably possible, the security of the Website.

Notwithstanding, Pongo Lockers shall not be liable, under any circumstances, for the non-functioning, temporary interruption of the Website or loss of content of the Website attributable to third parties or for any unforeseeable event beyond Pongo Lockers control, fortuitous event or force majeure.

Pongo Lockers reserves the right to interrupt access to the Website in the case of carrying out maintenance work for as long as necessary, making every effort to ensure that the interruption lasts the shortest time possible and has the least possible impact on Users.

In order to hire Pongo Lockers lockers, the following requirements must be met:

• Be at least 16 years of age or older.
• To truthfully and accurately complete the fields indicated on the form in the BOOKING section of the Website (in particular, the following: name and surname, telephone number, email address, booking date, rental days, number of lockers to be rented (indicating the size), data required to complete the payment, depending on the payment method used).
• Accept these general terms and conditions for hiring the service and use of the lockers.
• Accept the privacy policy of PONGO SELF STORAGE, S.L., as the owner of the Pongo Lockers lockers.

Once the contracting process has been completed, the User will receive a booking confirmation both email and Whatsapp. This confirmation will indicate the number(s) of lockers, the day(s) that they have booked, as well as the access code(s).

Pongo Lockers reserves the right to limit, relocate or cancel the booking in the event of possible mechanical or electrical breakdowns and/or maintenance in general, without the User having the right to claim any compensation in such cases.

If the User detects any incident or breakdown in the opening of their locker when collecting their belongings, they shall immediately notify Pongo Lockers by calling the following phone number: +34 650 852 926. Pongo Lockers undertakes to resolve the incident within a maximum period of 48 hours, being the User’s responsibility to arrive with enough time to collect their belongings.

In the event that the incident is not resolved within this period, Pongo Lockers shall bear the cost of sending the belongings to the address indicated by the User, provided that the User has had to leave without his/her belongings due to the breakdown. The User shall not be entitled to claim any other damages.

PERSONAL DATA

Travelers agree, for each of the specific applicable conditions, to comply with regulations on the processing of personal data and in particular, the General Data Protection Regulations (EU regulation 2016/679 of the European Parliament and Council of 27 April 2016). Pongo Lockers must process personal data to provide the services they offer. The characteristics of this data-processing are as follows:

The form that has been mentioned in the previous section, to be completed by the User, contains the data that PONGO SELF STORAGE, S.L. needs in order to formalize the rental of the Pongo Lockers lockers by the User, as well as to be able to comply with the contractual obligations that will arise for the parties to the locker service that the User, if applicable, contracts.

The User guarantees that all the information about his/her identity, as well as about the reservation provided is true, exact and complete.

The personal data provided will be used to manage the booking and to comply with the obligations arising for the parties to the luggage storage service. PONGO SELF STORAGE, S.L. is entitled to process the personal data provided in the contracting process by the User as they are necessary for the provision of the service. By contracting, the User expressly consents to the processing of his/her personal data in the terms detailed herein.

On the other hand, PONGO SELF STORAGE, S.L. will use the personal data of the Users of the consignments and, in particular, their e-mail address to send them commercial communications by e-mail about the services offered by PONGO SELF STORAGE, S.L. and its commercial offers. If the User does not wish to receive commercial communications from PONGO SELF STORAGE, S.L. by e-mail, he/she should tick the corresponding box during the contracting process. If, on the other hand, the User agrees to receive commercial communications by e-mail, PONGO SELF STORAGE, S.L. informs him/her that this consent may be revoked at any time.

Furthermore, the User is informed that there are video surveillance cameras in the Pongo Lockers premises. The purpose of these cameras is to monitor the status of the lockers at all times, as well as the use of the lockers made by Users or third parties accessing the premises, with the aim of providing a better service by PONGO SELF STORAGE, S.L. All Pongo Lockers premises include the corresponding notices about the video-surveilled area in accordance with the provisions of current legislation on data protection.

The User has the possibility of exercising their rights of access, opposition, limitation, rectification and cancellation of their data, at any time, by requesting it in writing, identifying themselves (to which they must attach a copy of their DNI/NIE or passport) to: hello@pongolockers.com. If the User, at any time, considers that the applicable data protection regulations have been infringed by PONGO SELF STORAGE, S.L., he/she will be entitled to lodge a complaint with the Data Protection Control Authorities and, in particular, with the Spanish Data Protection Agency.

PONGO SELF STORAGE, S.L., does not carry out international data transfers nor does it adopt automated decisions on the information provided by the User.

PONGO SELF STORAGE, S.L. will keep the User's personal data for as long as is necessary to provide the service, as well as for as long as is necessary for PONGO SELF STORAGE, S.L. to comply with its legal obligations. Once this period has elapsed, your data will be deleted. On the other hand, in any case, PONGO SELF STORAGE, S.L. will retain your data insofar as your consent to receive commercial communications by e-mail, if you have given it, has not been revoked.

USER OBLIGATIONS. LIMITS ON THE USE OF THE LOCKERS

The User, on contracting the Pongo Lockers locker rental services, undertakes, in particular and without limitation:

1. To use the reserved lockers exclusively and for the sole purpose of depositing goods belonging to him/her, which he/she needs to store temporarily in a safe place.
2. Not to use or deposit luggage in a free luggage room without having made the corresponding reservation or without having ensured that it is the luggage room assigned and confirmed by means of the reservation code.
3. To check the size of your luggage before booking in order to avoid overloading the locker. No claim or request for refund will be accepted in the event that the luggage exceeds the dimensions of the locker.
4. Under no circumstances may the locker be overloaded or objects deposited outside the space reserved for them. It is strictly forbidden to deposit luggage in a free locker without having made a reservation or without having made sure that it is the assigned locker and, as such, confirmed and notified at the time of booking.
5. To use the lockers diligently. In particular, and without limitation, the User undertakes not to overload the locker and to ensure that the locker is properly closed when the User leaves the premises (after inserting or removing the packages).
6. To notify Pongo Lockers immediately of any damage or abnormal situation in relation to the lockers by calling the following telephone number: +34 650 852 926. By way of example, it shall be considered an abnormal situation if the locker reserved by the User is occupied with another user’s belongings, and the User undertakes not to remove the forgotten belongings. Failure to comply with the obligations set out in this section shall entail a penalty for the User of up to 500 euros.
7. 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, materials degrading to human beings, etc.).
8. To deposit the belongings properly packed.
9. Not to deposit any property the possession of which requires a license without such a license or authorization (e.g. weapons).
10. Not to insert any polluting or hazardous materials (such as flammable objects or dangerous substances) in the slogans.
11. Not to use the lockers to deposit animals or other living creatures.
12. 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 Pongo Lockers premises.
13. Not to provide your security code to any third party, being fully responsible for any breach of this obligation and its consequences.
14. Not to use the lockers to deposit goods to be collected by a third party. Consignments must not be used as a means of goods trafficking between parties. This is a use that PONGO SELF STORAGE, S.L. does not authorize.
15. To access the premises and remain there 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 for longer than strictly necessary.
16. Not to eat or drink on the premises.
17. To remove the packages placed in the rented locker(s) before 23:59 hours on the day on which the rental period ends.
18. To leave the lockers, at the end of the service, in the same condition in which they were found and, in particular, to notify Pongo Lockers via hello@pongolockers.com of any incident that the User may encounter in the use of the lockers or in their condition.
19. Not to take photographs or videos inside Pongo Lockers premises and, in particular and without limitation, not to take photographs or recordings of the security mechanisms of the premises.
20. Not to include valuables in the lockers, such as money, jewelry, technological items (tablets, computers, televisions, etc.) or any document that may be needed to identify themselves or travel (such as identity documents or banknotes). The User undertakes to take all necessary precautions and measures to ensure that he/she has not left any document necessary for the journey or any other object of value in the locker,

PONGO SELF STORAGE, S.L., shall not be liable, under any circumstances, for the loss of flights, trains, or any other ticket for the User's travel that occurs as a result of the deposit of tickets or identification documents in the luggage room(s). PONGO SELF STORAGE, S.L. shall also not be liable for the loss of any property whose unit value exceeds 250 euros. Consequently, it shall be the sole responsibility of the User to deposit such documents and goods of special value or necessity in the rented lockers, contrary to these General Terms and Conditions.

CONSEQUENCES AND RESPONSIBILITY OF THE USER IN THE EVENT OF NON-COMPLIANCE WITH THEIR OBLIGATIONS

The User shall hold PONGO SELF STORAGE SL harmless for damages arising from the breach of their obligations under this contract.

Failure to comply with the rental period

In particular, in the event that the User does not empty the rented locker/s on or before the expiry date of the rental, PONGO SELF STORAGE, S.L. shall be authorized to access the lockers to remove the stored packages, with the aim of freeing them to allow their ordinary use by PONGO SELF STORAGE, S. L. customers. In this case, PONGO SELF STORAGE, S.L. will temporarily store the items and will try to contact the User who has failed to comply with the rental period to arrange the return of the packages to the User (the cost of which will be 100% borne by the User). After 48 hours have elapsed without having been able to contact the User or without the User having contacted PONGO SELF STORAGE, S.L. and without having been able to return the items to the User, it will be understood that the goods have been abandoned by the User for all purposes. In this case, PONGO SELF STORAGE, S.L. will cease to keep them and will dispose of them as deemed appropriate or convenient, depending on the type of items in question.

For each day that elapses from the expiry of the rental period without the locker/s having been released by the User until it is delivered to the User or collected by the User, an amount equivalent to the price of the locker that has not been collected will be charged per day. In addition, a penalty of 150€ will be accrued, which must be paid by the User to PONGO SELF STORAGE, S.L., regardless of the right of PONGO SELF STORAGE, S.L. to claim the damages actually suffered.

Unless the User personally collects the packages, PONGO SELF STORAGE, S.L. will arrange for the packages to be sent to the User, subject to payment of the service to PONGO SELF STORAGE, S.L. by the User. In particular, where applicable, the User shall pay PONGO SELF STORAGE, S.L. €50 per package if the shipment is to be made within Spain and €75 per package if the shipment is to be made outside Spain. Delivery shall be understood to have taken place from the moment PONGO SELF STORAGE, S.L. hands over the packages to the carrier, and PONGO SELF STORAGE, S.L. shall not assume any risk for the transport of the packages.

The return will be made once PONGO SELF STORAGE, S.L. has received payment from the User of the amounts accrued for the delivery of the goods (according to the number of packages and the destination) in accordance with the provisions of the previous paragraph. If after 10 calendar days since PONGO SELF STORAGE, S.L. has communicated in writing the amount to be paid, the User has not proceeded to said deposit, it will be understood that the packages have been abandoned for all purposes by the User, proceeding PONGO SELF STORAGE, S.L. under the terms specified above for abandoned goods.

Failure to properly use the instructions

PONGO SELF STORAGE, S.L. reserves the right to remove any object that does not comply with the regulations for the use of the lockers and is a prohibited object. If necessary, PONGO SELF STORAGE, S.L. You will be authorized to call the police and report the conduct, as well as to remove prohibited objects.

The User will be responsible for the objects inserted in the lockers

In any case, the removal of prohibited packages will entail a penalty of €150, a penalty that will not exclude the obligation of the non-compliant User to compensate PONGO SELF STORAGE, S.L. for the damages actually caused.

Damage caused to the lockers by Users

The User will be fully responsible for any damage or deterioration that may be caused to the lockers due to improper or inappropriate use. The User will be responsible for any damage or deterioration that may be caused to the lockers and other people's luggage in the case of storage of prohibited or dangerous items, poorly packaged items or due to improper use of the lockers. If applicable, the User must compensate PONGO SELF STORAGE, S.L. for physical damage caused to the locker(s), to the facilities, or to the goods stored in other lockers, as well as for lost profits.

In particular and without limitation, the User causing the damage must pay PONGO SELF STORAGE, S.L. a daily rental penalty per day in which the storage room is unusable, as well as the cost of repair or replacement, which is quantified in the case of replacement at 2,500€, the above regardless of the damages caused.

Payment of penalties

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

PONGO LOCKERS OBLIGATIONS

Pongo Lockers is obliged to keep the lockers service active and to make available to the User, during the contracted time, the lockers or lockers that the User has contracted in good condition of use.

Likewise, Pongo Lockers undertakes to resolve any incident that may arise in the use of the lockers as soon as possible. In the event of any incident, to safeguard the deposited packages, Pongo Lockers reserves the right to move the goods being deposited to the warehouse or other storage room.

LIMIT OF LIABILITY OF PONGO SELF STORAGE, S.L.

PONGO SELF STORAGE, S.L. offers a space rental service in lockers, and is not responsible for the custody of the packages. The User is solely responsible for the goods included in the rented lockers.

The liability of PONGO SELF STORAGE, S.L., is limited to the duration of the rental period of the storage room. Consequently, PONGO SELF STORAGE, S.L. will not in any case be responsible for any damages that the User's belongings may suffer and that occur outside the duration of the contracted reservation.

Notwithstanding the above, in the case of theft, PONGO SELF STORAGE, S.L. has signed an insurance contract in favor of Users that covers losses due to theft up to a maximum of 250€ per locker.

This insurance does not cover the loss of money, jewelry, precious stones or metals, watches, plasma screens and in general technological objects (LCD, GPS navigators, mobile phones, computers, tablets), art objects, antiques, business cards. memory or any other medium containing data or images.

CLAIMS

If the User considers that they have grounds to file a complaint, they may do so by sending an email to the following address hello@pongolockers.com.

From PONGO SELF STORAGE, S.L. We will try to resolve the incident and seek a satisfactory solution for the parties.

In the event that the User is not satisfied with the response from PONGO SELF STORAGE, S.L. You have the option of submitting a complaint form to the consumer authorities of the Barcelona city hall (OMIC (Oficina Municipal de Información al Consumidor)). The corresponding form can be obtained through the following link: https://ajuntament.barcelona.cat/omic/sites/default/files/arxius/full_reclamacio_2018.pdf

APPLICABLE LAW AND JURISDICTION

These general conditions are ruled by the Spanish Law. The parties submit to Spanish jurisdiction to resolve any controversy that may arise in relation to this Contract.

CONTACT ADDRESSES

If any user has any questions about these general conditions, any comments on the www.pongolockers.com Site, please direct them to hello@pongolockers.com.