The following definitions apply to the terms and conditions of the use of the Lockpoints platform:
- Luggage: The goods that the costumer can store at a Lockpoint.
- Terms and Conditions: The document, entitled “Lockpoints Terms and Conditions”
- Account: The personal area with personal information of a registered costumer on the website lockpoints.eu
- Customer: Any user registered on the website. The costumer must be an individual who is a natural person of legal age and must have the legal capacity to enter into this contract and has successfully completed their registration on the platform who wishes to entrust their luggage at a Lockpoint for leisure/non-professional reasons, as a depositor
- Lockpoint(s): refers to an exclusively selected Lockpoint registered on the platform who has the rights of a location, store, space, and who is authorised to use it regularly, where luggage can be stored. A lockpoint is a professional who acts as a depositary to keep luggage entrusted to them by costumers in a storage space in a private place.
- Profile: refers to the personal information entered by the costumer in their account.
- Services: refers to the range of services from Lockpoints on the platform.
- Website: refers to the internet platform www.lockpoints.eu. The platform includes its technical and software infrastructure and content, including text, sounds, still or animated images, videos and databases, hyperlinks, tree structures, navigation mode, layout, design, etc.
- Price: refers to the fixed price for a costumer luggage storage. The prices displayed on the website includes Lockpoints fee.
- User: refers to anyone who browses or uses the platform without being identified or registered as a Member. The use of the platform is governed by these Terms and Conditions
- Different services: All additional services (if available) offered by Lockpoints, such as printing services, delivery of luggage in a different place, airport transfer, etc.
- Online booking: The system by which customers give Lockpoints access to the storage booking service and different services and related payment.
- Payment: The amount paid by the costumer to Lockpoints, using the platform, defined by the amount of luggage and the duration of booked storage or by the type of different type of services required, net of booking expenses.
- Account suspension: Measure put in place in case of verification violation of one or more provisions of these conditions.
- Prohibited items: Any goods or materials whose transportation is prohibited by any law, rule or regulation.
- Acceptance of term and conditions
Access to, use of and registration on the platform/website imply full acceptance of these terms and conditions. All users (costumers and lockpoints) of the platform recognise that they are aware of and subject to the clauses of these terms and conditions, which constitute a legally-binding agreement.
All users may not oppose any condition or clause herein without express written consent from Lockpoints. Lockpoints reserves the right to modify these Terms and Conditions at any time. The new version of the Terms and Conditions will be applicable as soon as it is published online.
If at any point Lockpoints does not invoke one of the clauses in these Terms and Conditions, this may not be interpreted as a renouncement to enforce this clause later.
These Terms and Conditions of Services of the Website www.lockpoints.eu are published by the company Lockpoints BV a company established and founded in Amsterdam at Nieuwe Nieuwstraat 28-B, 1012 NH The Netherlands, registered at the Amsterdam Chamber of Commerce under number 73868418 and publisher of the site: www.lockpoints.eu email:firstname.lastname@example.org
These Terms and Conditions will define the terms under which users are permitted to use the platform and the terms of access to and operation of the services offered by Lockpoints on the Website.
Lockpoints is an online community platform that brings together individuals who would like their luggage to be stored temporarily and professionals who wish to offer temporary luggage storage. The Website allows advertisements for luggage storage space to be published and spread online, offers online booking and payment of these services and lets members communicate and exchange information once a booking between them has been confirmed.
Lockpoints, through its platform, offers the service of contacting all users who offer and require a luggage storage service and other services and providing an online booking service and payment service. To register and to use the online service of Lockpoints, each user must create an account, providing their personal data, necessary for the proper functioning of the service. Users confirm that they are more than 18 years old at the time of their subscription.
Lockpoints shall in no way be held responsible for the information provided by customers, which may be erroneous or fraudulent. Lockpoints is an intermediair service between customers and Lockpoints (storage locations) and cannot be considered as a contract party. Lockpoints does not accept liability as a contracting party in any circumstances.
The storage service is to collect, look after and redeliver luggage at the Lockpoint reservated by the customer, at the dates and times indicated on the booking made on the platform.
The customer is required to complete and sign the luggage storage form on the platform and to retain the portion showing the array number, which is needed to claim baggage.
Subjects of storage can be luggage or packages containing merchandise or objects for which there is no legal prohibition. The customer assumes any liability with regards to the suitability of storage and compliance with the legal requirements of the objects entrusted for the storage service.
We are not allowed to store objects prohibited by law or considered hazardous under the national law or whose packaging may be harmful to humans, the environment or to other stored luggage. Lockpoints has the right to check the customers luggage at any time. Lockpoints also doesn’t accept the following items:
- Plants and live or dead animals
- Any item worth more than € 100, watches, luxury luggage and bags, computers, tablets and similar items, musical instruments, clocks, porcelain, decorative objects, rugs, paintings, tapestries, furs, books, silver-plated cutlery, collections, etc.
- Degrees or negotiable certificates (bills of lading)
- Any fragile items: crockery, porcelain, earthenware,
- Money (paper money, coins, credit cards and travellers’ cheques)
- Other non-negotiable money
- Material that could be defined as pornographic or indecent
- Material containing weapons or firearms
- Handbags (and similar items) that contain important personal effects (keys, wallets, credit cards, cash, ID, etc.)
- Software containing high-value information
- Technological material (iPhone, iPad, Tablet, PC, smartphones)
- Waste, Perishable food items, Medication, Cigarettes, tobacco and tobacco products Liquids, wines and spirits, Chemical, toxic or dangerous products,
- Political material
- Dangerous materials
- Stolen or illegally held goods
- Drugs or psychotropic substances
- Works of art and antiques
- Weapons, ammunition, explosives, combustibles and fireworks, Radioactive or dangerous materials, Combustible liquids (e.g. LPG, home heating oil, heavy oil and similar products), Combustible gases (such as acetylene, methane, butane and propane, hydrogen, etc.), Flammable liquids, Illegal substances.
- Metal (gold and silver in any form) and precious stones
- Bulk goods
- Goods stored for commercial purposes, Jewellery, metals or precious gems, natural pearls, works of art, ID card, passport, driving licence, property deeds, and other official documents, Shares, securities, cash, bank cards, coins and any other form of payment.
- Documents, public or private offers of investments, revenue stamps, food stamps and fuel vouchers, etc.
- Collecting, Storage and Returning
After the customer has hand over the luggage to the lockpoint holder or its servant, the items are stored. The storage fee is published on the website and on the digital voucher or confirmation email.
The lockpoint servant will bind a unique numbered ticket on the stored item and give the customer its customer tickets with the corresponding number.
At the point of returning the luggage the customer gives the lockpoint servant the received ticket. Collecting, storage and returning is only possible during the opening hours published on the website and the confirmation.
- Refund policy
There is no refund in case of traveler cancellation. Luggage shipping costs as a result of ignoring the openinghours of the lockpoints are at risk of the customer.
- Acceptance of conditions of use
Use of the website platform is subject to acceptance of these terms and conditions. When creating customer account, customer must check the box “accept the terms ans conditions”.
Lockpoints is exempted from any claim concerning the valuables eventually included in the luggage. Lockpoints is under no circumstances responsible for any shipping expenses of luggage. Each item is ensured covered with a maximum of € 750.
- Lockpoints guarantees to pay an amount in compensation for loss of damage to your property, subject to the limitations, exclusions and conditions contained in this clause. You should carefully read all of this clause before participating in a booking to ensure that you do not do anything which will invalidate the guarantee.
- You acknowledge and agree that in all cases Lockpoints will decide in its sole discretion whether any claim made pursuant to this clause meets the conditions imposed by this clause, and what exclusions and limitations apply, and the decision by Lockpoints on such matters will be final and binding. You further acknowledge and agree that:
- We reserve the right to withdraw the guarantee at any time before a claim is made, and following withdrawal no new claims will be considered.
- The guarantee is intended to promote use of our services by encouraging users to formalise their booking arrangements. The Guarantee is a guarantee of responsibility between users and is not an offer to insure your property and does not constitute a contract of insurance.
- In order to be eligible for consideration for a Guarantee payment, you must be compliant with the following conditions at all material times. If, in Lockpoints reasonable opinion, you are not fully compliant with each requirement in this clause, or if you cease to be so compliant at any time during the process of invoking the Guarantee (for example by receiving an insurance payment), the Guarantee will be invalid and no payment will be made to you. If you do not wish or are unable to comply with any of these conditions, you should inform us and the Guarantee will not apply to you:
- You must (a) have suffered loss or damage to property during the period of validity of a booking; (b) be 18 or over and a registered user of the Website; (c) be a participant as a seeker or provider (referred to as ‘party’ or ‘parties’) of the booking giving rise to the claim; (d) make all bookings only using the online booking system on the Website; (e) not have committed a material breach of any of these Terms and Conditions, and (f) if you are the Provider, be a policyholder for a valid contents insurance policy covering the Storage Address and Storage Space against accidental damage and theft.
- You must be either (a) in the case of Storage Provider, the owner or mortgagee or contracting tenant of the storage space address, or (b) in the case of Storage Seeker, the owner of all the goods in respect of which the Guarantee is to be invoked.
- You must have used your best efforts to resolve the situation and recover your losses:
- initially, with the other party by mutual agreement as to liability and appropriate compensation with reference to the booking;
- where theft or criminal damage or illegal activity of any nature is suspected or alleged, by contacting the police and, following the outcome of any criminal investigation, making any claim for compensation to any insurer or other body (including without limitation government bodies or schemes) which is or becomes available following such investigation; and
- by making a claim or claims to any and all existing insurers (including without limitation household insurers) and pursuing them to their official conclusion.
- You must not have received any payment of any amount whatsoever from any insurer or the other party or any other third party in respect of the loss for which you are claiming.
- You must not make any claims under this clause:
- for a second time after the original claim was rejected by Lockpoints; or
- after 1 week from the date when the loss or damage occurred.
- You must be prepared:
- to disclose relevant communications from your insurance company to us (to the extent that you are permitted to do so under any confidentiality obligations) including without limitation correspondence regarding any claims you make against any insurance policy in respect of the loss or damage claimed for; and
- at Lockpoints discretion, to submit a Data Access Request at your own cost to fraud prevention agencies or insurance information exchanges and to disclose all information received to us except where we agree that any part of such information is not relevant.
- Lockpoints must not have any reason to suspect you of dishonesty. For the avoidance of doubt, the Guarantee will not apply and your User status suspended where Lockpoints discovers or reasonably suspects:
- based on information received from any relevant, reputable source (including without limitation the police or any government or regulatory body), that you are intending or attempting to abuse the Guarantee;
- that you have been involved in any fraudulent or illegitimate activity related to false insurance claims or similar dishonesty; or
- that any loss or damage which would otherwise be covered by the Guarantee was the result of any illegal or dishonest act or omission by you.
- You must cooperate fully with all investigations and requests made by Lockpoints in carrying out its investigations and obligations under this clause.
- Financial limits of the Guarantee. Subject to the limitations, exclusions and conditions contained in this clause, Lockpoints will pay up to a maximum of € 750 per claim to repair or replace (at our discretion) your property damaged or destroyed as a result of a Qualifying Loss. Replacement items will be valued at their actual cash value, that is their current market value minus wear and tear. The sentimental value of items shall not be relevant to their valuation. Any claim comes with a self insurance reserve of € 100 per item.
- Process of invoking the Guarantee. Failure to comply with the deadlines in this clause will invalidate the Guarantee. You must notify Lockpoints using email address listed below or on the contact us page within five days of discovering the loss or damage for which you wish to invoke the guarantee. You must cooperate in supplying all evidence of your identity, address, and loss or damage suffered as we reasonably require. Where criminal damage, theft or other criminal or illegal activity is suspected, you must have notified the police within 48 hours of discovery and before you notify us, and when you notify Lockpoints you must provide a crime reference number or its equivalent in your jurisdiction. We will contact you within three working days to advise whether your claim is eligible for consideration, giving you one of three responses:
- “Claim Invalid”, meaning that your claim is not covered by the Guarantee for the reason(s) stated;
- “Claim Pending”, meaning that your claim is on hold until the steps outlined in the response are taken and pursued to a conclusion. This will normally mean that the outcome of a claim against insurance or a criminal investigation is awaited. It is your responsibility to maintain contact with the police and/or insurance company and/or any other agent or applicable entity to follow the process of the investigation, criminal proceedings or claim; or
- “Claim Eligible”, meaning that we are prepared to consider your claim and you have 10 days from receipt of our response to follow the steps in the clause
- If our response to the process described in clause is that you have an Eligible Claim, you must submit a full claim within 10 days of that response. A full claim must include:
- A statement signed by you confirming that the information in the claim is true to the best of your knowledge and belief;
- A complete description of the loss or damage suffered, including dates (which may be estimated where exact dates are impossible to confirm), nature and cause thereof, and including proof of ownership, date of acquisition, physical condition and supporting evidence such as receipts, inventories, quotes for repair work etc., plus the claimed value of any high-value items lost or damaged;
- Where you are the Storage Provider, evidence of your ownership or tenant status with regard to the premises;
- A statement giving full details and dates of what, if any, action you have taken to resolve the matter, including without limitation negotiations with the other party to the booking, claims against insurance policies and police reports, and all communications with the foregoing, including responses received;
- A declaration as to whether any insurance policy or security deposit or other potential avenue of recovery applies. If an existing insurance policy or other mechanism exists but does not apply, the reasons must be given. If they do apply, evidence must be supplied that the process of claiming has been initiated and the claim to Lockpoints may then be put on hold until such process is concluded.
- Upon receipt of a full claim, Lockpoints will evaluate it before making a decision as to whether to make a payment under the Guarantee. Except in exceptional circumstances or those beyond its control, Lockpoints will make a decision within 90 days of receipt of the full claim. As part of its evaluation of the full claim, Lockpoints may do any of the following, in its sole discretion:
- Require you to submit a Data Access Request at your own cost to fraud prevention agencies or insurance information exchanges and to disclose the results to us;
- Require the parties to the booking to participate fully in independent mediation, and you hereby agree to do this in the event that a full claim is made under any booking with respect to which you are a party to the booking.
- Obtain a valuation of any item or items claimed for from an independent expert;
- Obtain a loss assessment from an independent expert where we believe it to be necessary. Such experts may include without limitation lawyers, surveyors and pest controllers.
- Require you to obtain up to three quotes for repair work;
- Make requests for further information from the other party, insurance companies, the police or other authority (including local authorities), or other relevant parties (such as neighbours or witnesses to any incident out of which the claim arises). As a party to a booking, you hereby agree to use your best efforts to facilitate such investigations, including giving your permission for information to be released to us where we reasonably require this, and including where the person making the full claim is the other party with respect to which you have made the booking;
- Conduct interview(s), either ourselves or via a representative, with either party or with any relevant third party, and you hereby agree to use your best efforts to facilitate such activity;
- Inspect (either ourselves or using an expert to carry out the inspection on our behalf) any damaged items or any remaining Stored Items or the Storage Space or Storage Premises upon reasonable notice; and/or
- Pay a sum under the Guarantee, or refuse to do so, giving reasons for the decision.
- h) Exclusions. The Guarantee does not cover or apply to:
- Any booking with respect to which Lockpoints has not received a list of items signed by party requesting such a claim in which all items are individually listed along with their estimated value;
- Any loss or damage not reported in accordance the clause;
- Any loss or damage in excess of any limit set out in the clause arising out of one or more bookings entered into by the claimant;
- Items damaged in transition. The phrase ‘damaged in transition’ includes without limitation damage occurring while (a) transporting items to and from the storage space, (b) storing, packing and organising a storage space at any time during the period for which the booking is valid;
- Damage to stored items, or to the premises by stored items, which were not packed reasonably safely and securely, or which were stored in a way that made it reasonably foreseeable that damage to the items or the premises could occur. By way of example, but not limited to, none of the following would be covered: fragile glass items in cardboard boxes with weighty boxes placed on top of them, unprotected photos stored in a damp environment, or items made of cloth packed in an unsealed bag, or liquids stored without being properly sealed, heavy items placed in areas unable to bear their weight, or items that rust due to a damp environment;
- Damage caused by reasonably foreseeable and preventable occurrences (including without limitation fire or burst water pipes) where either party failed to take reasonable measures to prevent or limit such damage. By way of example, but not limited to, failing to repair faults in the structure or fittings at the premises or failing to fit smoke alarms at the premises;
- Damage to stored items or to the premises by a third party (including without limitation outside contractors engaged by either party, other Storage Seekers who are party to another booking with the Storage Provider, or other adults or children residing at or visiting the storage address);
- Single items valued at less than € 25 (although such items may constitute part of a collective claim for lower-value items);
- Currency, money, precious metal in bullion form, notes or securities; jewellery; works of art or antiques valued at or above € 100 documents which would be costly or difficult to replace, including without limitation passports or original versions of business contracts, deeds, and certifications or qualification, and all items mentioned in article 5;
- Theft of or damage to any item in respect of which the Storage Seeker cannot provide at least one of the following to the Company’s reasonable satisfaction: (a) proof of purchase of that item; (b) a photograph/email/video actually sent or received of the item and dated on or before the date of the booking; or (c) any other evidence which demonstrates proof of ownership and/or value;
- Theft or malicious or criminal damage to items (a) which is not reported to the police within 48 hours of an innocent party becoming aware of it, and in any event within 7 days of the end of the booking period, or (b) where efforts to recover the value thereof (whether via criminal compensation schemes or from existing insurance policies) have been unsuccessful;
- Any loss or damage (a) to or caused by Prohibited Item(s) knowingly stored, or (b) to any items or property claimed in respect of any booking where Prohibited Item(s) were knowingly stored. For the avoidance of doubt, the presence of Prohibited Item(s) will automatically preclude any claim by the Storage Seeker against the Guarantee, and may preclude any such claim by the Storage Provider where the Company reasonably suspects that the Storage Provider was aware of such presence, regardless of whether the claimed loss or damage was caused by or related to the presence of such Prohibited Item(s);
- Damage caused by stored items to goods or personal possessions owned by the Storage Provider. The Guarantee only covers damage to the fixtures, fittings or structure of the premises;
- Damage caused by or attributable to ordinary wear and tear;
- Any injury to or illness or death of any person arising out of the booking, or any claim based on the occupier’s liability of the Storage Provider. Such events must be claimed for and/or litigated outwith the Guarantee scheme;
- Any loss or damage caused directly or indirectly by an event of Force Majeure. These include without limitation earthquake, storm, adverse weather conditions or natural physical disasters, power failures, epidemics, labour disputes, riot or civil disorder, war, acts of terrorism, or acts of God;
- Any loss or damage suffered as a result of the theft or misuse of personal data or identity;
- Non-payment of any part of the Price or any other monies owed by the Storage Seeker to the Company.
- Indirect losses of any kind, including without limitation loss of profit, goodwill, or business.
- Modifications and Cancellation of the Guarantee. Lockpoints reserves the right to modify or cancel the Guarantee at any time and at its discretion.
- In the event of cancellation, no new claims will be permitted, but any claims under the Guarantee which are already in process (that is, the email request been sent to us) will be considered in accordance with the version of this clause 7 in effect at the time of submission of the email request.
- Where Lockpoints modifies the Guarantee, we will display a notification on the Site and your continued use of the Website or services will indicate your acceptance of the modification.