Operation rules OF SELF-SERVICE LEFT LUGGAGE

Operator: OX Point a.s. based at Štětkova 1638/18, 140 00 Prague 4 – Nusle, Czech Republic.
Reg. no.: 09752251, Tax ID: CZ09752251, entered in the business register maintained by the Municipal Court in Prague, section C, entry 62502 (hereinafter referred to as the Operator).

I.

1. These Operation rules set out binding conditions for the use of the Operator’s self-service left luggage office. The subject of the contract between the Operator and the Customer is the Operator’s pledge to allow the Customer to temporarily use the storage space of a storage locker (which the Customer chooses and orders digitally through an automated terminal) and the Customer’s pledge to pay the agreed rent to the Operator (hereinafter referred to also as the Contract). The purpose of the rental is exclusively short-term, self-service storage of luggage and other items (except those that are forbidden by these Rules of Operation) in storage lockers without the participation of the Operator’s employees.

2. Before using a storage locker, the Customer is obligated to familiarise themselves with the contents of these Operation rules and may only proceed to order the service if they agree to the Operation rules unconditionally. Once familiar with the Operation rules, the Customer shall use the app on the self-service panel located on the storage lockers to select the type and size of an available storage locker they are interested in using, and also select a time period for which they intend to use the locker (based on which the automated terminal shall calculate the rent). The Customer shall fill in all the required information on the presented form, particularly their identification information, and shall confirm that the information is correct. The Customer shall confirm their express agreement to the contents of the Operation rules and fill in all the information required to make the rent payment. After choosing the scope of the rental and the rental period, the Customer shall pay the fee (rent) for using the self-service storage locker / the subject of the rental immediately on location using a bank card. The system shall generate a PIN (Personal Identification Number) for the Customer which they can use to operate (open/close) a storage locker and shall send it to the Customer via text message. The Contract between the Operator and the Customer (which includes the conditions of the present Rules of Operation) is concluded the moment the fee for using a storage locker (rent) is paid by the Customer.

3. After opening the box, the customer is obliged to check that the storage box is empty, undamaged and clean, or to report the defect immediately to the support line, which will offer him another box of the corresponding type free of charge.

4. The Operator leaves the subject of the rental to the Customer for use for the purposes set out by the Contract and shall ensure the Customer can use the subject of the rental undisturbed during the rental period. This does not apply in cases where proper and undisturbed exercising of the Customer’s rental rights and/or provision of other services associated with the subject of the rental cannot be ensured for reasons beyond the Operator’s control (particularly power outages, mechanical damage caused by a third party, etc.) or for reasons caused by force majeure events, or for reasons of necessary maintenance, if such states are not considered a breach of obligations by the Operator. Particularly with regard to the frequent use of storage boxes and the possibility of queues forming in front of the automated terminal (as well as due to possible technical issues) it is recommended that the Customer arrive to collect their items sufficiently ahead of the agreed end of the rental period.

5. The items stored in the storage locker are not considered in the Operator’s safekeeping, possession, or other form of disposal, and the Customer is aware that the Operator is not authorised or obligated to care for the items stored in the storage locker in any way. The Operator is not obligated to determine what items are loaded into / unloaded from the storage locker.

6. The Customer is obligated to use the storage locker in accordance with the Contract (Operation rules) and to keep the storage locker clean and intact and to protect the contents of the storage locker by locking it properly. The Customer is obligated to use the storage locker only for the purposes stated in the Contract/Operation rules. The Customer is obligated to keep their assigned PIN a secret and ensure that it is not accessed or misused by a third party.

II.

1. A storage locker, which is the subject of the rental, can only be used to store luggage or other items the size, weight, and shape of which are appropriate for the size of the storage locker and the contents of which cannot damage the property of the Operator or of third parties. The maximum combined weight of all items placed in a storage locker must be no greater than 50 kg.

2. A self-service locker does not perform the function of a safe or safe-deposit box. The customer bears full responsibility for the contents of luggage stored in the self-service storage locker.

3. It is forbidden to use a storage locker to store the following in particular:
a) perishables (e.g. food) and unsecured or open containers of liquid;
b) items the storage of which would violate general binding legal regulations;
c) items that exceed the maximum load-bearing capacity of the storage locker;
d) items or substances the storage or handling of which is subject to special regulations or is prohibited, e.g. flammable or explosive substances, explosives, corrosive substances, petroleum products, toxic substances, irritants or otherwise dangerous substances, narcotics or addictive substances and precursors, ammunition, full or empty pressure tanks for transporting industrial gases and LPG, plants, animals, biological tissue, etc.;
e) other items that may damage or pollute the storage locker or associated equipment due to their nature;
f) money, paper securities, payment cards, bankbooks, personal and travel documents, travel (e.g. train, bus, plane) tickets, electronic wallets, precious metals, precious stones, jewels, or other valuables;
g) objects with artistic or historical value, collectors‘ items;
h) dirty or wet items, repugnant items, as well as items the nature or packaging of which may be harmful to health, to the environment, or to the property of the Operator or third parties;
i) items originating from criminal activity or items intended for committing criminal activity;
j) items the total value of which exceeds CZK 25,000.

3. The Customer is obligated to keep the subject of the rental clean and to handle it in a way that does not damage it or devices used for its handling. The Customer is not authorised to take any actions that would change the appearance, utility, or condition of the subject of the rental.

III.

1. The current price list for storage lockers (rent) of all sizes for all rental periods (hereinafter referred to also as the Price List) is provided at the entrance to the given storage locker area and differs based on location.

2. The rental period begins the moment the payment for using the storage locker is made. The rental ends once the rental period elapses or the Customer opens the storage locker for the final time without the intent to continue to use the subject of the rental (whichever comes first), or once the rental is ended by the Operator under conditions set out in article IV. of these Operation rules.

3. The Customer is authorised to access the storage locker they have chosen and paid for during the rental period, even repeatedly, without such access terminating the rental period. Whether the Customer opens the storage locker during the rental period with the intent to terminate the rental or they open it with the intent to continue using the subject of the rental is a choice they make via the application available on the storage locker’s terminal. In case of premature termination of the rental by the Customer, the Operator is authorised to immediately provide the storage locker for use to a third party.

4. If the Customer exceeds their chosen and paid for rental period, they are obligated to pay for the extra time based on the price for rental applicable to the given time period according to the Price List. Any additional fees for exceeding the rental period are due before opening the storage locker and collecting the luggage/items within. The Customer is not entitled to open the locker without paying the outstanding sum.

5. If the Customer is not using the subject of the rental, whether temporarily or permanently (including premature termination of the rental by the Customer), this does not entitle the Customer to any refunds or discounts on payments made to the Operator.

6. After collecting the luggage/items from the storage locker, the Customer is obligated to check that they left nothing inside the locker and that the locker is undamaged and clean. If the Customer discovers that the Operator’s property has been damaged, they are obligated to immediately inform the Operator of the fact and pay damages and expenses incurred due to that fact.

7. If the Customer forgets the PIN code to access the storage locker, they can obtain it using the app or by contacting the Operator.

8. If the storage locker the Customer has rented has to be opened by the Operator’s service technician, the Customer is obligated to present photographic proof of identity (e.g. personal identity card, passport), to describe the items stored in the storage locker/luggage, and then to sign a certificate of receipt where they undertake to pay any damages that may be incurred by the Operator if they issue the items/luggage to an unauthorised person. The Customer is obligated to pay the Operator a fee of CZK 1,000 on the spot for service technician intervention.

9. A tax document is issued electronically and the Customer can collect it on the website displayed on the screen of the automated terminal during rent payment.

IV.

1. The Operator is not authorised to open the storage locker except for in the following cases:
a) the Operator has reasonable suspicion that the Customer is violating their obligations, particularly by storing items prohibited by the Contract / by law (for instance, if the storage locker shows signs of such violations or danger, such as smoke, fire, odour, noises, leaking liquids, etc.);
b) if the storage locker is not vacated by the Customer within 60 hours at the latest after the end of the rental period;
c) in case of danger of damage;
d) if the Operator has a legal obligation to make the storage locker accessible to persons authorised by law or authorised based on a final decision of a public authority or court (for instance, in the interest of public safety, due to suspicion of criminal activity, etc.).

In these cases, the Operator is authorised to open the storage locker—without giving rise to any claims by the Customer—without the Customer present (including opening the luggage/items stored within); a report about the intervention shall be drawn up and the Customer shall be notified of the event. If the Customer does not collect the items removed from the storage locker by the Operator within seven days of receiving a notification that their items have been removed, the Operator is authorised to dispose of the items without giving rise to any claims by the Customer. This does not apply to perishables, which the Operator is authorised to dispose of immediately (the fact will then be recorded in the aforementioned report). If it is shown that the Customer has breached the Contract/broken the law, the Customer is obligated to pay the Operator a flat fee of CZK 1,000 for opening the locker and collecting the items, and to cover all expenses and damages incurred as a result (including expenses for storing or disposing of items).

2. For storing items collected by the Operator from a storage locker pursuant to paragraph 1 and stored at the Operator’s own storage facilities, the Customer is obligated to pay the Operator a storage fee of CZK 200 for every 24 hours (or part thereof) that the items have been in storage at the Operator’s facilities. Items are stored at the Operator’s facilities at the Customer’s own peril. The Customer can exercise their right to collect items stored at the Operator’s own storage facilities during business hours, from 9 am until 3 pm. The Operator will hand stored items over to the Customer once the Customer provides photographic proof of identity (e.g. personal identity card, passport), describes the items that were stored in the storage locker, and pays the Operator the fees specified in these Operation rules.

V.

1. The Customer is liable to the Operator for damages caused by breaches of the Contract, particularly by improper handling of the storage locker or its equipment,by forcible opening, by deliberate damaging, or by storing items prohibited pursuant to article II. of these Operation rules.

2. The Operator is liable to the Customer for loss, damages or destruction of items stored in a storage locker only in cases where improper or insufficient functioning of the storage locker’s security mechanisms is identified by an expert. The Operator is, therefore, not liable to the Customer for damages to items stored in a locker by the Customer that was caused, in particular, by: a) unauthorised use of the storage locker or unauthorised handling of its contents by a third party or the Customer; b) not locking the storage locker or improperly handling the storage locker; c) the Customer enabling access to / acquisition of their PIN code to open the storage locker to a third party (knowingly or unknowingly, e.g. by negligence); d) the effects of an unstable magnetic field or climatic conditions; (e) force majeure. The Customer is obligated to report to the Operator any damage to items stored in a storage locker that the Operator should be liable for immediately after the end of the rental period. The burden of proof of damage caused to items stored in a locker lies fully with the Customer. If there is damage caused to items stored in a locker that the Operator is liable for, the maximum total damages are limited by the maximum value of stored items stated in article II. paragraph 3, point j) of these Operation rules.

3. The Operator is also not liable to the Customer in any way for the loss, damage or destruction of items stored in a storage locker if storing these items is prohibited pursuant to article II. of these Operation rules.

4. The Operator is not liable to the Customer in any way for any missed flights, departures, starts, or losses of income, profit, market position, customers, reputation, or opportunity, or any other damage or loss caused, in particular, by it being impossible to collect items placed in a storage locker in time, or by items being damaged/lost. Temporary, short-term inaccessibility of the storage locker for technical reasons is not considered a violation of the Operator’s obligations (and the only claim by the Customer in such an event is a proportional discount on rent for the time the locker was inaccessible).

5. The Operator is not liable to the Customer if the Operator does not fulfil their obligations towards the Customer due to force majeure.

6. The Customer is aware that the storage lockers are not attended by staff and that any technical issues that require intervention on location (such as outages of electricity, internet, payment systems, etc.) require the arrival of a technician, which takes approximately 2 hours from the time the issue is reported to the call centre.

7. The Customer is not authorised to transfer the rights and obligations arising from the Contract or transfer the Contract itself to any third party without prior approval from the Operator.

8. Legal relationships arising from the Contract (Operation rules) and in relation to it follow the Czech legal system, regardless of with whom the Contract has been concluded. If any provision of the Contract is or becomes invalid or ineffective, such provision shall be substituted by a provision that is as close as possible in meaning to the invalid or ineffective provision. Invalidity or ineffectiveness of any provision does not affect the validity or effectiveness of other provisions.

9. To resolve any disputes between the Customer and the Operator arising in relation to the Contract (Operation rules), the competent courts are Czech courts, specifically the general court in the municipality where the Operator is based.

These Operation rules become valid and effective as of June 1, 2023.