Terms & Conditions – Điều khoản và điều kiện

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These Conditions apply to any person (“Customer”, “you”, “your”) who applies to book storage space and services (“Storage”) from any provider of Storage (“Host”) via the website available at whalelo.net (“Website”). Storage is provided by each Host under the Storage Agreement entered into between a Host and a Customer in accordance with clause 3 of these Conditions.

1. Our Details and our Role

1.1 WhaleLO makes available an online marketplace for Customers to find and book available Storage from Hosts.

1.2 WhaleLO does not itself act as a Host. Under the Host Conditions, each Host authorises us to act as the Host’s commercial agent to negotiate and conclude each Storage Agreement with the relevant Customer under clause 3 of these Conditions for the supply of Storage, only on the Host’s behalf. The geographical address and identity of Host will be specified in the relevant booking information (“Booking”) and the Storage Agreement.

2. Bookings and Fees Payable to Hosts

2.1 To book Storage through the Website or Apps, you must register to create a data account in accordance with the Website Conditions (“WhaleLO Customer Account”) by following the instructions on the Website.

2.2 Each Customer agrees to provide accurate, current and complete information during the registration process and to update that information as necessary to keep it accurate, current and complete. WhaleLO reserves the right to suspend or terminate your WhaleLO Customer Account and access to the Website if any information provided to us by you proves to be inaccurate or incomplete. You are responsible for safeguarding your password and agree that you will not disclose your password to any third party. You must immediately notify WhaleLO of any unauthorised your WhaleLO Customer Account by emailing [email protected]. You shall be solely responsible and liable for use of your WhaleLO Customer Account, whether or not you have authorised those actions, unless they occur after you have notified us of any unauthorised use.

2.3 When placing a Booking, each Customer will be asked to provide certain information, such as: i) dates and approximate times for dropping off and picking up items, ii) number of items and iii) any relevant notes to the order. In addition, each Customer will be asked to provide customary billing information, such as name, billing address and contact details. Each customer will also be asked to provide payment card information to a third party payment provider and each Customer’s payment card will be debited at the time of Booking. Once payment is confirmed, a Customer’s Booking transaction and payment is complete, and the Customer will receive an e-mail confirmation summarising his confirmed Booking.

2.4 Customers are reminded that Storage must be booked through the Website. Hosts are not permitted to accept cash payment in store and Customers must not attempt to pay for Storage in cash or otherwise outside the Website or Apps (except for cases guided by WhaleLO regarding the option to pay directly at the storage station). Doing so breaches these terms and conditions and as a result invalidates the insurance that the Customer would otherwise benefit from, see Condition 6 “Insurance” below.

3. Storage Agreement with the Host

3.1 Hosts are responsible for:

restricting access to the storage area when bags are kept in storage
supervising access to the storage area when bags are dropped off or collected
looking after the bags in their care
locking bags away
Verifying a customer’s booking confirmation

3.2 Each Customer is responsible for any injury or damage to the Host, its property or any third parties caused by the items stored or by any negligent act or omission of the Customer. Each Host is responsible for any damage to, or loss or theft of, items stored with that Host unless the damage is caused by factors beyond the control of the Host.

3.3 Each Customer is responsible for any injury or damage to the Host, its property or any third parties caused by the items stored or by any negligent act or omission of the Customer. Each Host is responsible for any damage to, or loss or theft of, items stored with that Host unless the damage is caused by factors beyond the control of the Host.

3.4 If a Host alters its opening hours (either generally or on a particular day) or close due to unforeseen circumstances and this will affect an existing Booking by you, the Host must inform WhaleLO by email to info@whalelo.net as a matter of urgency. Where a Host is not open to receive or deliver on a confirmed Booking, we will refund the Storage Fee paid by you and/or, where practicable and with your consent, to arrange a Booking and Storage Agreement with an alternative Host. In the case that you cannot access your bags at your pickup time, WhaleLO will attempt to make reasonable arrangements to get your bag to you. For this reason, you must not store valuables or travel documents.

3.5 If you fail to collect your luggage at the time stated in the Storage Agreement, the Host must inform us. We will attempt to reach you and arrange for you to collect your luggage at a new time. Failing this, we will arrange for the collection of your luggage from the Host and delivery of your luggage to you, at your expense. If we are unable to contact you, and you have not contacted us or collected your bags within 7 days of the agreed date, or you fail to pay for the delivery of the bags to you within 7 days of the agreed date for payment, we will dispose of your luggage without further responsibility or liability to you or the Host.

4. Prohibited Items

YOU AGREE THAT YOU WILL NOT STORE OR MAKE A BOOKING TO STORE ANY OF THE FOLLOWING ITEMS:

Valuable electronics (phones, laptops)
Travel documents (passports)
Explosives, fuel, hazardous or flammable materials
Pesticides, toxic chemicals, pollutants, waste of any kind
Firearms, ammunition, illegal drugs or other controlled substances
Stolen goods, illegal or unlawful substance(s) or other contraband
Perishable food items, spoiled food, living or deceased plants or animals, infested or otherwise contaminated items, damp or mouldy items
Radioactive materials, items which emit fumes or other strong odours
Cash, fine art and securities (e.g. share certificates)

The Host may remove and dispose of any item stored that breaches this Condition without notice to the Customer and without any responsibility to the Customer. The Host may also report to any relevant authority any illegal or suspected illegal activities of the Customer or any hazardous item stored.

5. Cancellations and Refunds

5.1 Subject to Clause 5.2 the Customer may cancel a Booking and this Storage Agreement at any time after the Booking is made prior to 00:00 a.m of the drop off date agreed in the Storage Agreement (Cancellation Period) without giving any reason and free of charge or other liability, by doing so online on their account, or by giving written notice to [email protected], or by speaking to a member of the WhaleLO team and making a clear statement that you have decided to cancel the contract.

5.2 The Host will not supply the Storage within the Cancellation Period, unless expressly requested by the Customer. The Storage shall be fully performed when the Stored Items are placed in the Storage Space, at which time the Customer ceases to have the right to cancel the Storage Agreement.

5.3 If a Host is unable to fulfil a Booking, the WhaleLO team will notify the Customer and provide a refund or, if the Customer requests, arrange Storage with an alternative Host in accordance with these Conditions (and the new Storage Agreement between the Customer and the alternative Host).

6. Insurance

6.1 We recommend that you lock your luggage or bag(s) in the course of Storage, especially when it contains any valuable items. In addition, WhaleLO has arranged at its own cost an insurance policy to cover the theft, loss or damage]each Customer’s luggage as a whole (not each of the items in the luggage), up to a value of: $3,000 when the luggage is stored with a Host under a Storage Agreement. Please note that we only cover bags booked through WhaleLO. Make sure you do not pay cash directly to the storage spot, because we will only be able to cover items booked through WhaleLO. Paying directly to storage spots is a violation of our terms and conditions (except for cases guided by WhaleLO regarding the option to pay directly at the storage station).

6.2 Each Host’s liability for any loss or theft of, or damage to, any Stored Item(s) stored with that Host shall be limited to the value of: $1,000

7. Liability

In addition to the liability provisions in the Website Conditions, each Storage Agreement and the exclusion of liability in clauses 3.4 and 6.2 of these Conditions:

7.1 We shall only be liable for loss or damage you suffer directly from: any breach of these Conditions by us, or if we act negligently or fraudulently;

7.2 We shall not be liable for any loss or damage suffered by you under or in connection with a Storage Agreement or the acts or omissions of any Host;

7.3 You shall only be liable to us for loss or damage we suffer directly from: any breach of these Conditions by you, or if you act negligently or fraudulently.

Nothing in these Conditions has the object or effect of excluding or limiting our liability in the event of the death of or personal injury to you resulting from our act or omission.