TERMS AND CONDITIONS OF THE CHILLZONE CONSIGNMENT

Carrer de Joan D'Austria, 51 (B 1-1) - 08005 Barcelona

1. DEFINITIONS

When the following words are used in these Terms and Conditions, this is what they mean:
Locker: Is the facility’s area dedicated to the storage of goods under safekeeping.
Holder or lessor or ChillZone: the person offering the service of holding a good under safekeeping within its storage facilities.
Leaseholder or lessee or you: Is the person who hands in a good to the locker unit for its safekeeping.
Goods: all the allowed pertainings that are to be kept in safekeeping of the locker unit at any time during this agreement
Key: QR coin or RFiD card, as used in the unit providing you the safekeeping.
Prohibited Goods: goods that will not be kept in safekeeping and for which the lessee vouches that will never be stored in the locker unit, defined in section 5.
Normal Perils: physical loss of or damage to goods caused by fire, lighting, explosion, earthquake, aircraft or of articles dropped from them, storm, flood, bursting and/or leaking pipes, ingress of water or other liquid substance, moth, insect or vermin, theft accompanied by forcible and violent entry to or exit from the unit, riot, strike, civil commotion, malicious damage, and impact by vehicles of any kind.
Start date: the time/date specified at the automated unit as start of rental
End date: the time/date specified at the automated unit as the end of rental (or the excess time if the specified time frame has been breached)

2. APPLICATION OF CHILLZONE TERMS AND CONDITIONS

The contract for the safekeeping of your goods is made between you and the company ChillZone S.L., owner of the name ChillZone and of the webpage www.chillzone.me, that will carry out the safekeeping of your goods. With using the locker service of ChillZone you agree to the Terms and Conditions of this contract on your behalf. If you decide to share a locker you will be asked to provide the personal information of the parties sharing the locker. In the event that you wish to allow a third party to be able to collect your belongings, this person will need to provide us with a written and signed authorization along with a photocopy of the ID of the owner of the goods in question, together with the physical description of the goods in question. These Terms and Conditions have a general scope and may be subject to changes given the request is made in writing and approved by management.

In the event of a request for storing and safekeeping the goods under specific instructions which result in being in conflict or discordant with these Terms and Conditions, and that have not been approved nor authorized by management, ChillZone will not be compelled to follow the stated instructions.

You confirm and warrant to us that throughout this Agreement, the goods in the unit from time to time are your own property or that the person who owns or has an interest in them has given you irrevocable authority to store the goods in the unit on the terms and conditions in this agreement and that you act as a duly authorized agent of any such person. If this is not true, you will be liable for and will pay to us in full amount of any costs, expenses, loss or damage which we incur or which we suffer as a result of claims made against us including but not limited to any reasonably incurred legal fees and any costs or claims arising from any step or action taken by any person who owns or has an interest in the goods.

We consider this agreement sets out the whole agreement between the lessee and ChillZone in relation to grant to the lessee by ChillZone of a licence to use and access the unit.

This agreement is personal to the lessee. You cannot assign or transfer any of your rights under this agreement or part with possession of the unit or goods whilst they are on the site to any other person, firm or company and a breach of this condition is a serious breach of this agreement.

Where you are required to give notice under this agreement, any notice must be in writing and will only be considered to have been given to the other if it has been delivered by hand to the person notified or sent to its address or by pre-paid post.

3. SERVICE DESCRIPTION

The service provided by the lockers consists in safekeeping your goods within its facilities for the duration previously established in the safekeeping contract from the moment the goods are handed-in up to the time and date of its collection specified in the safekeeping contract. The safekeeping contract duration is chosen by the customer at the automatized machine in the locker unit itself.

So long as our fees are paid up to date, ChillZone licences you but no other person:

- To use the locker unit for the storage of goods in the unit in accordance with this agreement from the start date until the end date; and
- To have access to the locker unit at any time during opening hours only for the purposes of depositing, removing, substituting or inspecting the goods and your regular inspection of the unit for damage or unsuitability for the goods. No access to the unit will be permitted for any other purposes. For outside the opening hours the conditions specified in section 10. We will try to provide advance warning of changes in opening hours by notices on our website www.chillzone.me, but we reserve the right to change the opening hours to other reasonable access times at any time without giving the prior notice.

Only you and persons authorized in writing or accompanied by you will be allowed to have access to the locker unit. Any such person is your agent for whose actions you are responsible and liable to ChillZone and to other users of units on the site. You may withdraw any authorization at any time but the withdrawal will not be effective until we receive it in writing. We may ask for proof of identity from you or any other person at any time (but we are not obliged to do so) and we may refuse the access to any person (including you) who is unable to provide satisfactory proof of identity. We may refuse you or your agents access at any time if we consider in our sole discretion that the safety of any person at the site, or the security of the locker unit or its content, or other units and their contents, will be put at risk.

Lessee should not leave his key or permit access to his unit to any person other than his own agent who is responsible to him and subject to his control. If lessee does so, he does so at his own risk whether or not any such person is his employee or his agent. ChillZone does not accept any liability for any person including our employee or agent holding your key and having access to your unit and any such person acts as your agent only. In the case of the loss of the key, you are responsible for that loss and after you gain access to your personal belongings stored in our unit, you will need to purchase another key if you wish to continue using the unit. Under no circumstances ChillZone is responsible for your loss of the key.

If the lessee loses the key, he is the sole responsible for the loss. Furthermore, he is liable to the payment of 2€ upon the opening of his locker to the ChillZone staff due to the damage caused by loss.

4. GOODS ADMITTED AT THE LOCKER UNIT

At the time of the handing-in of the goods, by concluding the contract for the locker rental with his payment, the lessee confirms that the goods stored do not fall into the descriptions of the unadmitted goods stipulated in section 5.

Bags, suitcases, baskets, backpacks, and any similar goods will be accepted for storage subject to availability of storage space. Each items must be properly close. 

ChillZone is not accountable for any money, jewelry, precious metals, business documents or any other type of valuables contained in between those goods as they fall under the description of unadmitted goods stipulated in section 5.

The goods must be stored in the locker by the owners, the legal representative of the latter or the physical owner of the goods.

ChillZone may refuse to permit you to store any goods or require you to collect any goods from the locker unit if in our opinion the safety of any person at the site, or the security of the unit or its contents, or other units or their contents, would be put at risk by the storage or continued storage of any such goods.

Because the nature and type of goods being stored by you from time to time is entirely your choice (subject to Section 4 and Section 5), you must ensure that the unit is suitable for the storage of the goods that you store or intend to store in it. We do not warrant or represent that any unit allocated to you is a suitable place or means of storage for any particular goods. We strongly advise you to inspect the unit before storing the goods in the unit and from time to time throughout the period of this agreement.

5. GOODS NOT ADMITTED AT THE CHILLZONE LOCKER UNIT

Goods falling under the following list will not be accepted for safekeeping by you or any other person:
- Food or perishable goods unless securely packed so that they are protected from and do not attract vermin;
- Birds, fish, animals or any other living creatures;
- Combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents;
- Firearms, explosives, weapons or ammunition;
- Chemicals, radioactive materials, biological agents;
- Toxic waste, asbestos or other materials of a potentially dangerous nature;
- Any item which emits any fumes, smell or odour;
- Any illegal substances, illegal items or goods illegally obtained, including counterfeit goods, illicit  (smuggled/counterfeit) tobacco, illicit alcohol, unlicensed medicines, unsafe goods (including toys, electrical    items, cosmetics, fireworks);
- Compressed gases;
- Goods containing money, jewelry, precious metals, samples or business documents or any kind of valuables in  general.
- Goods containing inflammable material or damageable goods that could produce unpleasant odors, or may  cause the deterioration of the facilities of the locker unit or of other pieces of goods left for safekeeping.

6. USE OF THE LOCKER UNIT IN BREACH OF THIS AGREEMENT

The lessee must not (and must not allow other person to):
Use the unit or do anything on the site or in the unit which may be a nuisance to ChillZone or the users of any other unit or any person on the site;
Do anything on the site or in the unit which may invalidate any of ChillZone insurance policies or those of other unit users or increase the premiums payable on them;
Use the unit as offices or living accommodation or as a home or business address and not use the address of the site for receiving or sending mail;
Spray paint or any mechanical work of any kind in and on the unit;
Attach anything to the internal or external surfaces of the unit or make any alterations to the unit;
Allow any liquid, substance, smell or odour to escape from the unit or any noise to be audible or vibration to be felt outside the unit;
Cause any damage to the unit of any other unit on the site or its facilities or to the property of ChillZone or any other unit users or other persons on the site. If lessee causes damage, he must (at ChillZone’s option) repair, restore or replace such damage or item or reimburse the costs of making necessary repairs, restoration or replacement or make proper compensation;
Leave any waste or refuse that is created by storing the goods. You will be charged the reasonable costs of disposing of such waste or refuse if you fail to comply with this term;
Connect or provide any utilities or services to the unit unless authorized in advance in writing by ChillZone S.L.

7. USE OF THE LOCKER UNIT IN ACCORDANCE WITH THIS AGREEMENT

The lessee must (and he shall ensure that anyone authorized by him to use or access the unit
must):
Use reasonable care when on site or in the unit and take all reasonable care in respect of the unit, the site, and the ChillZone property or any other unit users or other persons on the site;
Inform us of any damage or defect to the unit immediately he becomes aware of it;
Comply with the reasonable directions of any of ChillZone employees, agents and contractors at the site and any further regulations for the use safety and security of the unit and the site which we may issue from time to time;
Pay for the reasonable cost of repairs to or cleaning of or making good the unit or the site as a result of any damage caused by the lessee or anyone he authorized to access and use the unit, including but not limited to lessee’s removal, haulage or delivery contractors; and
Submit to us any inventory of the goods if we shall request one.

8. OPENING HOURS

Normal public opening hours are from 10:00 am to 8:00 pm Monday through Sunday regarding units located on the beach.

The ChillZone Lockers Barcelona store will be open from 9:00 am to 00:00 am on Monday through Sunday.

9. STAFF IN CHARGE OF THE LOCKER UNITS

The hand-in and safekeeping of the goods are run by the ChillZone automated locker unit and/or ChillZone staff.

The staff is compelled to follow and enforce the rules that apply to the consignment service activity. The staff is enabled to cash the storage bills, sign receipts and bills, and carry out operations and acts in accordance to the present regulations.


You will permit us and our agents and contractors to enter the unit in the following circumstances:
If we give you not less than five (5) days notice so that we may inspect the unit or carry out repairs, maintenance and alterations to it or any other unit or part of the site;
At any time without notifying you:
If we reasonably believe that the unit contains any items described in Section 5 or is being used in breach of Section 6:
If we are required to do so by the Police, Fire Services, Local Authority or any other government or statutory authority or by a Court Order;
For any purpose including that in Part i of this Section if we believe that is necessary in an emergency;
To obtain access in accordance with Section  9;
To obtain access in accordance with our powers under Section 10;
To prevent injury or damage to persons or property; or
For the purpose of ascertaining whether the unit contains any items described in Section 5 or if we reasonably consider that such entry is necessary to ascertain whether action needs to be taken to prevent injury or damage to persons or property.

10. RIGHTS UNDER THE LEASE OF THE LOCKER UNIT

This agreement shall not confer to you any right to exclusive possession of the unit.
We may at any time by giving you five (5) days’ written notice require you to remove the goods from the unit specified by us which shall not be smaller than the current unit.


We may at any time by giving you notice require you to remove the goods from the unit to another unit specified by us, which shall not be smaller than the current unit, in the event of a fire or flood or other incident or occurrence at the site which in our opinion requires the unit or any part of the site to be closed or sealed off.
We agree to pay you reasonable costs of removal which have been approved in writing by us in advance of the removal.


If you do not arrange the removal of goods to the alternative unit by the date specified in our notice, we and our agents and contractors may enter the unit and do so. In doing so, we and our agents and contractors will act as your agent and the removal will be at your risk (except for loss and damage caused willfully or negligently by us or our agents and contractors, subject to the aggregate limit of our liability under these Terms and Conditions).


If the goods are moved to an alternative unit, this agreement will be varied by the substitution of the alternative unit number but shall otherwise continue in full force and effect and our fees at the rate set out will continue to apply to your use of the alternative unit.

11. PRICES

The prices for the storage and safekeeping of all goods in question will be set by ChillZone S.L. and will be displayed within the facilities in full view of the public and are specified here below: 

The prices are indicated by the venue and the size of the locker:

CHILLZONE LOCKERS BARCELONA
Medium locker (60*50*80cm): 9 eur per day, 6 eur for 2 hours, 3 eur for 1 hour
Large locker(90*60*90cm): 15 eur per day, 10 eur for 2 hours, 5 eur for 1 hour

BEACH
Small locker (15*30cm): 2 eur per hour, 5 eur per day
Medium locker (30*30cm): 2,5 eur per hour, 7 eur per day
Large locker(30*40cm): 3 eur per hour, 9 eur per day

If you surpass the rental time, you need to pay up for extra time before you can collect your
belongings.

12. 24 HOURS ASSISTANCE SERVICE

ChillZone staff will be available at the number +34600448855 for any assistance needed 24 hours per day, 7 days per week. If on site assistance will be needed, a fee of 10 eur will be charged for providing assistance during the day in Barcelona area and 20 eur for providing such assistance outside Barcelona. During the night and at holidays, the assistance will be charged double. Such assistance will not be charged if needed due to the fault of any kind from the side of ChillZone S.L.

13. END OF THE LEASE

Immediately on the end date/hour, you must remove all goods from the unit and leave the unit clean and tidy and in the same condition as at the start date. If you do not do so, you shall pay our costs of cleaning the unit or disposing of any goods or rubbish left in the unit or on the site.

If you do not make prompt payment of our fees and any payments due to us under this agreement, we are relieved of any duty howsoever arising in respect of the goods and they are held solely at your risk. We may treat goods remaining in the unit after the end date as abandoned and may dispose of them.


You will also be responsible for the removal of any rubbish you create during this agreement or following the end date and we do not provide waste bins for our use. If you leave rubbish on the site a charge will be applied to you for the costs of its removal.


Termination of this agreement will not affect either your or our outstanding rights or duties, including our right to recover from you any money you owe us under this agreement.


You agree to examine the goods carefully at the time you remove them from the unit and must tell us about any loss or damage to the goods as soon as is reasonably possible after doing so.

14. UNCLAIMED GOODS

In the event that the goods are not collected within one month of the agreed collection established at the time of the rental of the service, the unclaimed goods are considered abandoned and the lessee will lose any right to refund or compensation for these goods. ChillZone will be enabled to sale and/or destroy and/or hold the goods in question.

15. FORGOTTEN GOODS REQUEST

Forgotten goods will be returned at the lessee’s expense including shipping expenses.

ChillZone will return forgotten objects and belongings if claimed in good time (up until 30 days after the previously agreed collection date). If such be the case, the lessee will have to pay in advance all shipping expenses dependent on weight, size, destination, shipping company etc. with a fixed minimum cost of €200.

16. LIABILITY

ChillZone is not responsible for the natural deterioration and wear of any goods stored for safekeeping in our locker units if the damage is not a foreseeable result of ChillZone’s doing or in relation with the circumstances of the safekeeping.

ChillZone is not responsible for loss or damage that is not foreseeable and caused by force majeure. ChillZone is not responsible for items or contents undeclared by the lessee.


ChillZone is not responsible for loss or damage relating to your business, if any, including consequential loss, lost profits or business interruption.


ChillZone is not responsible for loss or damage to the goods caused by normal perils, including as a result of negligence by us, our agents and/or employees above the sum of €100, which we consider to be the normal excess on a standard household insurance policy whether or not that policy would cover the goods.


You will be liable for and will compensate ChillZone for the full amount of all claims, demands, liabilities, damages, costs and expenses incurred by us or any of our employees or agents or other unit users or persons on the site which arise out of the use of the unit or the site by you or by any of your employees, agents or persons you invite or authorize to access the site or the unit or which arise out of the breach of this agreement by you.


In the event of circumstances which are outside ChillZone’s reasonable control and their consequences, we do not agree and are not obliged by this agreement to maintain the safety or security of the goods, the unit or the site in order to keep the goods free from damage or loss. In certain cases we may not be able to allow you access to the unit or site. We shall have no liability under or be considered to be in breach of this agreement for any delay or failure in performance of our obligations under this agreement which results from circumstances beyond our reasonable control. Such circumstances include any Act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into any unit including the unit or the site by, or arrest or seizure or confiscation of goods by competent authorities. If this happens, then we will not be responsible for failing to allow access to your goods for so long as the circumstances continue. We will try to minimise any effects arising from such circumstances.

17. CONDITIONS AND REVISION OF THE PRESENT REGULATIONS

With the safekeeping contract the leaseholder agrees to the conditions stipulated in the here Terms and Conditions regulation of which a copy may be requested at ChillZone’s office. The later reserves the right to modify these Terms and Conditions in the event of unexpected situations that may occur during the conduct of the activity.

ChillZone may, at any time, modify any of the terms of this agreement and to change or impose new or additional terms and conditions as long as such modifications and/or additional terms and conditions are notified to the lessee in writing and signed by one of the ChillZone directors. None of our employees or agents has any authority to vary this agreement on the behalf of ChillZone whether orally or in writing or to make any representation of the fact that is or might be inconsistent with the terms of this agreement. If you are notified of any changes and you do not take any steps to terminate this agreement, your continued use of the unit will be considered as your acceptance of and agreement to the amended terms. You may terminate this agreement without charge at any time before the changes take effect by giving notice in accordance with this agreement.

18. CHILLZONE DATA PROTECTION

ChillZone collects information about you when you register with us and throughout the use of this agreement. This information includes your personal data (“your data”) and we process your data in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data).

Your data will be used for the purposes of this agreement, processing payments, communicating with you and generally maintaining your account with us.


We may share your data with, and obtain information about you, from credit reference agencies or fraud prevention agencies or trade associations of which we are a member.


We will release your data and other account details at any time if we consider at our sole discretion that such release is appropriate:
- To comply with the law
- To enforce this agreement
- For fraud protection and credit risk reduction
- For crime prevention or detection purposes
- To protect the safety of any person at the site
- If we consider the security of the unit or its content, or other units at the site or their contents may be put at  risk.

In the event that we sell or buy any business or assets, we may disclose your data and account details to the prospective seller or buyer of such business or assets or if we or substantially all of our assets are acquired by a third party, your data and account details will be one of the transferred assets.

If you agree, we will use your data for our marketing and other like or related purposes, including to provide you with information, products or services that you request from us or which we feel may interest you. If you agree, we shall also pass on your data to selected third parties to provide you with information about goods and services which may be of interest to you. Your choice regarding the relevant use of your data can be accessed on www.chillzone.me.


You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email or write to us at the address set out in the cover sheet info@chillzone.me. We may make a small charge for this service.

19. JURISDICTION

Before taking any court proceedings for anything arising out of this agreement (apart from emergency court proceedings, the complaining party shall inform the other party in writing of the dispute in as much detail as possible and you and we agree to try informal conciliation within twenty (20) business days of the notice of the dispute.

If the dispute is not resolved to mutual satisfaction within 90 days after notice of the dispute has been given, you or we may submit the dispute to the court. Both parties agree to submit to the non-exclusive jurisdiction of Barcelona’s courts in the event of a litigation or argument that may arise from the interpretation of these Terms and Conditions.


If any court or competent authority decides that any of the provisions in this agreement are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

  

General Terms & Conditions
Hours of Operation
Monday - Sunday
Lunes - Domingo
09:00 - 00:00
Carrer de Salvador Espriu, 61
El Centre de la Vila (Local 39)
08005 Barcelona
info@chillzone.me
+34 600 44 88 55
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