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1. General Stipulations
1.1 The present terms are contracted between Holibag Company, registered under number 818 190 993 on the Rouen Trade and Companies Register (RCS), hereafter referred to as « Holibag », the person wishing to access the services delivered on the smartphones/tablets application or the Holibag website (hereafter known as the « Application », hereafter known as the « Users », and the merchants for whom Holibag contracts the present terms, hereafter referred to as the « Merchant Partners » (Holibag, the Users and the Merchant Partners hereafter being referred to as the « Party/ies »)The Application is intended to connect the Users to Merchant Partners delivering a left-luggage storage service within their businesses.The Users are consumers.The User, as a natural person, acting for private purposes or for purposes which do not come within the scope of any commercial industrial, artisanal or liberal activity, shall be the only one regarded as a « consumer ».
1.2 The present general terms are intended to define the conditions of use of the Application by the Users as the conditions of the left-luggage storage service between the Merchant Partner and the User. They cancel and replace the previous applicable condition Holibag retains the possibility of adapting, modifying or updating these general conditions of use at any time. In any case, the general applicable terms are those prevailing on the day of the use of the Application.The fact of using the Application implies the complete and unreserved acceptance by the User of the regulation hereafter specified, as well as the Holibag Charter, to the exclusion of any other documents such as leaflets, promotional catalogues, description of the services provides by Holibag or the Merchants, given that such elements are purely indicative.The validation of the reservation of the left-luggage storage facility confirms the complete and unconditional acceptance of the present conditions by the User. The stipulations of the general conditions shall not be amended by the inclusion of any contrary stipulations, without express written agreement of the Parties.The fact that one of the Parties does not avail himself/herself at one time or another, of any whatsoever of the terms hereof, shall not be construed as amounting to a waiver of the right to avail himself/herself of the same terms on a future occasion. Any cancellation of any clause of these general terms shall not prevent these general terms from remaining as a whole.
1.3 Holibag business activity merely consisting in interlinking, Holibag shoudn’t be regarded, under any circumstances, as the provider of the services delivered by the Merchant Partner on the Application and shouldn’t be held liable for the obligations incumbent on the Merchant Partners and inherent to the left-luggage storage service. In compliance with the article L.115-1-5 of the Code of Consumption, the User can have access to the compulsory pre-contractual information via the present general conditions of use, in particular with regard to the specifications of the service, the prices and the right of withdrawal ; and through the merchant forms as far as their identification is concerned.Nonetheless, given that the Merchant Partners assign Holibag the task of managing of the reservations made on the Application, the User undertakes to comply with the present general conditions and to put himself/herself directly in contact with Holibag, for any question related to the fulfilment of the contract, and whose contact details are set forth in the Article 13 of the present conditions.
2. Registration, Connection and use of the Application
2.1 In order to use the Application, the User has to log on to the website or downloads the smartphones/tablets Application.The installation of the smartphones/tablets application is completed by the User, through connection, via his/her device, to an application store (Apple Store for Apple brand cell phones or Google Play for Android mobiles for example).The smartphones/tablets application and all the services it can provide can strictly be accessible for Terminals running on the following operating systems : versions of the Android 4.0 or higher, 7.X IOS version, Iphone 4 and greater and Windows phone.
2.2 In order to access the services provided, the User is required to register himself/herself or, if s/he has already signed in, to connect to the Application by filling in the e-fields provided on that purpose. S/he undertakes to fill in the registration form, making sure that s/he gives all necessary, comprehensive and accurate information. The user is required to provide the following information : surname, first name, e-mail address, phone number, password.To prevent any unwanted error, the User is prompted to certify his/her e-mail address as well as his/her phone number : for this purpose, the User will receive an e-mail containing a confirmation link and a textmessage containing a code to be entered on the Application. If s/he so wishes, the User will be offered the possibility to provide further information among which in particular « contact person ».A copy of his/her identity document may be archived for the purposes of evidencing the exercise of a right of access, of rectification or opposition or to meet any legal requirement. If any case, the User is responsible for the information entered in his/her registration form. If an error occurs Holibag or the Merchant Partner should not be held liable for any dysfunction, when processing the reservation and/or providing the services, caused by the User’s failure to the present article.The User testifies that s/he is entitled to sign the present contract and, notably, that s/he is over 18 years of age when signing in. The User undertakes not to create nor use any other account except the initial account, whether it be under his/her identity or a third party’s.
2.3 Since this functionality enables the User to benefit from Holibag service in the most effective way, s/he is highly recommended to accept the receipt of the push notification from Holibag. Indeed, this type of menage is sent by Holibag to remind the User about his/her reservation schedules in order to enable him/her to pick up his/her bag(s) in time.These push notifications sent by Holibag will be limited to the mere management of the left-luggage storage facilities reserved, to the exclusion of any commercial solicitation deal.
2.4 The information provided by the Application are transmitted to the User and accessible via his/her cell phone after downloading the Application on it. In case of loss or theft of his/her mobile phone, the User shall make all necessary arrangements with regard to his/her telephone operator in order to block or close down the Holibag account in question. S/he shall also be prompted to inform Holibag about it immediately and to lodge a complaint with the appropriate authorities. Under no circumstances, Holibag and/or the Merchant Partners shall be held responsible for any connection or any use of the User’s Application by a third party, should the User’s mobile phone be lost or stolen. If any case, the User is advised to protect the access to his/her mobile phone with a password and to take out all necessary insurance policies covering the loss or the theft of his/her mobile phone and their consequences on the left-luggage storage services provided in these terms and conditions.
3. Research, Reservation and Payment of the Left-luggage Storage Service.
3.1 The User accesses a search page on which s/he is prompted to fill in the following e-fields :Location (if need be, thanks to the geo-tracking data if the User has carried out this adjustment beforehand) ; duration date and time of deposit ; number of bags. Then, the User has access to a search page which gives him/her focus on the Merchant Partners providing a left-luggage storage facility that is available. These results are in descending order of geographic proximity.The User is given the opportunity to click on each result so as to obtain details about the Merchant Partners and the left-luggage storage facility provided (prices, opening hours of the Merchant Partner, additional services delivered, possible or special practical modalities of luggage deposit and retrieval…). The description of the characteristics of the services being given by the Merchant Partner, Holibag shall not be held liable for possible changes or any error related to this description, unless, however, the essential features of the left-luggage storage facility may be affected as a result of it.The left-luggage storage facility is booked for a minimum package of 4 hours even if the actual duration of the left-luggage storage service is shorter. It shall be stated that the User is not allowed to book a left-luggage storage facility for a period exceeding 5 days and for more than 5 bags. S/he is allowed to book a left-luggage storage facility at the earliest 25 days before the desired date.
3.2 The User makes his/her reservation by clicking on « Book here ». Then, s/he accesses an overview of the left-luggage storage facility which s/he is about to book : date, duration, number of bags and price. The left-luggage storage service is billed in accordance with the tariff in force mentioned on the Application when booking. Prices are quoted in euros and are inclusive of VAT knowing that the VAT which is applicable is the current VAT rate at the time of invoicing. The reservations are payable in euro, in full and in cash, by credit card only.
3.3 The User makes the payment of his/her left-luggage storage facility on the Holibag’s Merchant Partner’s secure online banking site.Nevetheless, at this point, the User solely grants a pre-authorisation of payment so as to confirm and officialize his/her reservation except in cases in which the reservation is made 4 hours prior to the start time of the left-luggage storage service. The pre-autorisation of payment is granted for an amount of 60 euros which corresponds to the maximum reservation package of five days as provided for in article 3.1, after which time, should the User fail to bring himself/herself to anybody’s attention, the bags shall be considered as unaccompanied bags, in accordance with the provisions of article 7-3 of the present terms.The User will see his/her credit card charged for an amount corresponding to his/her reservation 4 hours prior to the start time of the left-luggage storage service reserved ; or immediately when s/he makes his/her reservation 4 hours prior to the start time of the left-luggage service. The actual payment of the reservation by the User formalizes, firmly and definitely, the distance contract conclueded between the User and the Merchant Partners via Holibag.Furthermore, in the event of an extension of the left-luggage storage service, as indicated in articles 7.2 and 7.3 of the present terms, the User will see his/her credit card charged for additional amounts. Within the framework of its interlinking activity, Holibag takes a commission, related to its intervention as an intermediray and a manager of the Application, on the price paid by the User for the services. This commission concerns each left-luggage storage facility reserved by a User from a Merchant Partner.
3.4 The User accesses an overview page of his/her reservation which gives him/her his/her reservation number and his/her retrieval code. S/he has to use the reservation number to drop off his/her bag(s) at the Merchant Partner’s whereas the retrieval code will enable him/her to pick up his/her bags. The User receives a confirmation e-mail of his/her reservation, recapitulating the features of the left-luggage storage facility which s/he has just booked, and on which a link to the general present conditions appears. The User is advised to print the overview page of his/her reservation which is sent to him/her by e-mail. Indeed, only the reservation number appearing in this e-mail or the confirmation of his/her reservation on his/her mobile Application will enable him/her to have access to the left-luggage storage facility booked. Moreover these documents constitute evidence of the User’s reservation as well as the contract binding the Parties.
3.5 After making his/her reservation, the User is given the opportunity to access the history of his/her reservation in progress, completed or even cancelled.
4. Modification or Cancellation of a reserved left-luggage storage facility.
4.1 By the User.
Not any modification of the reserved left-luggage storage service is possible. Nevertheless the User is given the opportunity to cancel the reservation of his/her left-luggage storage facility up to 4 hours before the start time of the reservation in question. In this case, the User shall not see his/her credit card charged for the amount of his/her reservation.By contrast, in the event of a cancellation of the left-luggage storage facility reserved and this, in the fours hours preceding the start time of the left-luggage storage service reserved, as long as the contract is validly concluded since the payment of the User is received, the User shall not be refunded and the sums previously paid shall remain the property of Holibag.Likewise, in the event of a reservation of the left-luggage storage facility in the four hours preceding the start time of the left-luggage storage service, the User shall not be refunded and the sums previously paid shall remain the property of Holibag. Any delay or absence of the User with regard to the deposit of his/her bags are regulated by the requirements under Articles 6.2 and 6.3 of the present terms.
4.2 By the Merchant Partner.
In accordance of the Article 6.1 in fine, when the User drops off his/her bags, the Merchant Partner has complete flexibility to refuse to accept any bagagge handling in the event of non-compliance with the condition aforementioned and/or with the Holibag Charter by the User, or an any other legitimate grounds, related, in particular to the contests/container. In that case, the reservation shall be cancelled. It shall not give rise to any reimbursement if this cancellation is due to the infrigement of the prescribed requirements and/or of the Holibag Charter by the User. On the contrary, the User shall be reimbursed in full if the cancellation is performed at the discretion of the Merchant Partner.
5. Information relating to the absence of a right of withdrawal.
Pursuant to Article L.121-21 of the Code of Consumption the consumer User has, in principale, a right of withdrawal which s/he is entitled to exercise in the limit of 14 calender days following the date of the conclusion of the contract.However, according to Article L.121-21-8 of the same Code, the right of withdrawal cannot be exercised as regards « 1°contracts for the supply of services fully executed before the end of the withdrawal period and whose execution will have started with the prior express consent of the consumer and the express waiver to his/her right of withdrawal and « 2° hosting contracts other than residential hosting contracts, service contracts of carriage of goods car rental contracts, catering contracts or leisure activities contracts which must be delivered on a pre-specified date or period.Insofar as the services are intended to be delivered on a pre-specified period, the User does not have a right of withdrawal.In any case, as set out in Article 4-1, the User is always given the opportunity to cancel the left-luggage storage service reserved up to 4 hours before the start time of this service.
6. Luggage Deposit
6.1 Terms of deposit.
The User is required to carry out the deposit of his/her bag(s) himself/herself at the Merchant Partner’s business and through whom s/he has reserved his/her left-luggage storage facility.It shall be stated that the Merchant Partner shall tolerate a luggage deposit completed 15 minutes prior to the start time of the reservation, provided only that this is compatible with the opening hours of the Merchant Partner, according to the left-luggage storage service reserved.The User is required to produce his/her Holibag reservation number to the Merchant Partner. The latter is entitled to ask him/her for identification as well.After carrying out a visual inspection of the bag(s), the Merchant Partner gives the User a Holibag label that they both have to fill in and hang on the bag(s), knowing that one coupon is addressed to the Merchant Partner and another one is passed to the User .In addition, the User is supplied with a collar clamp that s/he has to attach to his/her bag(s).
6.2 If the User is late when leaving his/her bags, the baggage handling is still possible, in principale, since the left-luggage storage facility is reserved for the selected time. However, this handling depends on the opening hours of the Merchant Partner. Consequently, the User shall not be entitled to hold the Merchant Partner accountable in case of his/her being late and his/her not being able to drop off his/her bags because of that. In any case,any delay affecting the luggage deposit cannot result in exterding the left-luggage storage service for an equivalent duration nor lowering the agreed-upon price.
6.3 If the User does not drop off his/her bag(s), the left-luggage storage service remains reserved for the selected time.If the User fails to turn up for this period, the left-luggage storage service in question shall be regarded as cancelled and this cancellation, resulting from the absence of the User, shall not give rise to any reimbursement.
7. Baggage retrieval
7.1 Terms of retrieval.
30 minutes before the end time of his/her left-luggage storage service, the User receives a reminder notification.It alerts him/her that if s/he fails to retrieve his/her bag(s), at the time indicated, the left-luggage storage service shall be automatically extended for a new package of 4 hours at his/her expense.The User is required to retrieve his/her bag(s) himself/herself at the Merchant Partner’s local store and through whom s/he has reserved his/her left-luggage storage facility and performed his/her deposit on scheduled time.It shall be stated that the Merchant Partner tolerate a retrieval performed 15 minutes after the end time of his/her reservation, provided only that this is compatible with the opening hours of the Merchant Partner, according to the left-luggage storage service reserved.It shall be stated that any baggage retrieval ahead of schedule, according to the end time of the left-luggage storage service, should not lower the agreed-upon price, given that the User shall not be entitled, in any way, to request any refund from Holibag or the Merchant Partner.The User is required to produce his/her retrieval co and his/her baggage coupon. The Merchant Partner shall be entitled to ask him/her to produce his/her ID. If the User fails to meet these conditions and abide by the Holibag Charter, the Merchant Partner shall be allowed to refuse to hand back the bag(s).It is the User’s responsibility to inspect his/her bag(s) (their number, their conditions and their contents) as s/he picks it/them up.In the event of any damage done to the bag(s) during the left-luggage storage service, or any missing item, it is the User’s responsibility to formulate any complaint or any reservation by sending a message to Holibag, immediately, through the section « Help » of the Application.
7.2 If the User is late for the retrieval of his/her bag(s),
after expiry of the 15 minutes tolerated, the User is informed that the left-luggage storage service is automatically extended for new successive packages of 4 hours, until the User actually comes and picks up his/her bag(s). As a result, the User shall be automatically charged an additional price, by Holibag, based on the duration of the actual delay and amounting to a maximum price of 60 euros corresponding to a 5 day left-luggage storage service.
7.3 If the User is absent for the retrieval of his/her bag(s), as specified in Article 7.2,
, the left-luggage storage service is automatically extended for new successive packages of 4 hours for a maximum period of 5 days. The User is informed that the left-luggage storage service is automatically extended for successive packages of 4 hours at his/her expense, and this, till the actual retrieval of his/her bag(s), and this till the actual retrieval of his/her bag(s), and this up to the limit of 60 euros, corresponding to a 5 day left-luggage storage service.S/he is given the opportunity to pick up his/her bags at any time, provided that this is compatible with the opening hours of the Merchant Partner, depending on the left-luggage storage service reserved ; or if applicable within the time-limit stipulated by the Merchant Partner or agreed with him/her ; or s/he can request the shipment of his/her baggage, at his/her expense. If the User filled in the e-field provided, when registrating, an e-mail shall be sent to the « contact person » as well.If the User fails to pick up his/her bags over a period of 5 days, the bag(s) shall be considered unaccompanied.Consequently, the User shall be addressed another e-mail and/or a push notification informing him/her about the deposit of his/her luggage at the Lost Proper Office. The User will possibly be billed for service charges by Holibag.In any case, in accordance with the Article 8.1 of the present terms, any User who would not abide by the Holibag Charter and/or the conditions of use of the Application could have his/her account deleted by Holibag.
8. Obligations and Responsibilities.
8.1 Obligations of the User.
The use of the Application shall be performed under the responsability of the User. In these conditions, the User is required to use the Application in accordance with its intended purpose, according to the provisions laid down by Holibag and appearing, in particular, in the present terms and the Holibag Charter as well.In event of the User’s failure to comply with any obligation provided for in the present terms, Holibag shall reserve the right to delete the account of the prejudice to any demages and interests which Holibag could possibly claim.The User is responsible for the cyber security of his/her equipment as well as, in particular, any probable data loss and any security hole which could result from a computer virus or a hacker attack.
8.2 Obligations of Holibag
Given that Holibag is an intermediary between the Merchant Partner(s) and the User, it shall not resume any responsibility for the performance of the left-luggage storage service concluded between the User and the Merchant Partner on the Application. In this regarde, Holibag shall not be held liable, under any circumstances, for any deterioration, any loss or any theft of the bag(s) kept under the supervision of the Merchant Partner.The responsibility of Holibag shall not be engaged if any non-execution or any damage arises from a misuse of the Application by the User or a mistake on the part of the latter or a third party as well as any case of force majeure as defined by the Article 9 of the present terms.Similarly, Holibag shall not be held responsible for any temporary or permanent damage caused to the mobile terminal of the User as well as any loss or possible damage which could be incurred, in particular, after accessing or navigating the Application.Any data transmission via the internet may result in errors or the fact that the Application is not always available. Consequently, Holibag shall not be held responsible for any unavailability and any disruption of the on.line service.It is recalled that, in any case, the User is advised to protect his/her phone, against unauthorized access with a password and to take out all necessary insurance policies covering any loss or any theft of his/her device.
8.3 Obligation of the Merchant Partner. As keeper of the bag(s) left with him/her, the Merchant Partner is required to give the same careful attention to his/her looking after the bags as s/he would show for his/her own belongings. S/he has an obligation of supervision and an obligation of restitution in kind of the bag(s) left with him/her. The Merchant Partner shall not be held liable for any damage resulting from a fault of the User or a third party as well as a case of force majeure as defined by the Article 9 of the present terms.
8.4 When the responsibility of the Merchant Partners or Holibag is engaged, following their actual fault, the right to compensation only applies to direct, personal and actual damage incurred by the User.In any case, the Merchant Partners and Holibag deny any responsibility, in particular for :_ Malevolent acts on the part of the User or a third party_ Damage resulting from the User’s failure to comply with Holibag’s rules and recommendations specified particularly, by the Holibag Charter and the present terms ; it is notably recalled that the bag(s) left with the Merchant Partners via Holibag :Must be able to be hand-carried by only one personMust not contain any confidential document ;Must not contain any perishable item or any object requiring a special storage temperature ;Must not contain living things ;Must not contain illegal products or contrary to morality (toxic chemicals, counterfeits…) ;Must not contain valuable items.The User undertakes to declare to Holibag and/or the Merchant Partner any special contents of his/her bag(s).In any case, the value of each bag and its contents should not exceed a value of 5000 euros.
9. Force Majeure
In a case of force majeure, in particular :Fires, floods, total or partial strikes, business shutdowns, obstructions of passage, voluntary degradation thefts, changes in regulations, interruption in the supplies of raw materials, energy supply disruption, malfunction or disruption of electricity or telecommunication networks, preventing the Merchant Partners and/or Holibag from meeting their obligations, the contract would be immediately suspended during the time of this event and the Parties would not be held liable for any non-fulfilment or any delay in fulfilling their obligations.
All the content of the Application or any promotional literature ( visuals, writings, wordings, trademarks, images, videos) is the property of Holibag or is used by Holibag with the prior authorization of the holders of the rights in question. Any total or partial reproduction of the Application, as well as the creation of the hypertext links, are forbideen, save with the express advance authorization of Holibag .
11. Video Surveillance- Personal Data
11.1 Video Surveillance.The User is notified by the Merchant Partner that for the security purposes and for the needs of the performance of the service, s/hemay be videotaped when leaving and retrieving his/her bag(s) in the shop of the Merchant Partner with whom s/he has booked a left-luggage storage facility.
11.2 Personal Data.
The use of the Application presupposing the prior creation of a User account, Holibag collects and processes the personal data of the users, within the framework of the management and the performance of the reservation made on the Application, the links with the Users as well as for the protection of its commercial interests, in particular for the purposes of evidence preservation. Insofar as this is necessary for the execution of the Merchant Partner’s and Holibag’s obligations, the latter transmits the personal data of the User to the Merchant Partner with whom the reservation has been made.However, it shall be stated that none of these data shall be used by the Merchant Partner beyond the needs of the left-luggage storage service, except express agreement of the User.In accordance with the provisions of the French law on data processing and freedom n°78-17 of 6th January 1978, the User has the right to oppose, access, correct or remove data concerning him/her. All s/he has to do to exercise this right is to contact Holibag at the coordinates specified in the Article 14 of the present terms. In any case, the User may object to the use of his/her personal data. As set out previously, the use of the personal data of the User, for other purposes will be solely possible when s/he has granted his/her consent. The files being subject to processings, such as mentioned above, are registered with the National Comission of Individual Liberties.
12. Convention of proof.
The User recognizes the probative force of the data backups performed by Holibag, in particular, with regard to the timestamping of the beginning and the end of the left-luggage storage service as well as the push notifications and/or the e-mails which are addressed to him/her.
13. Applicable Law. Language of the Contract. Competent Jurisdiction
The Parties shall agree that the present terms and conditions as well as their consequences are governed by French Law. The language used in the present terms and conditions as well as for the dealings between the Parties is French.The User/consumer is informed that, in the event of any dispute, s/he may opt for a conventional mediation procedure or any other ADR (alternative dispute resolution). In lack of amicable agreement within 15 days, the Parties shall regain their full freedom to submit such dispute dispute to courts having competent jurisdiction.
For any question or any complaint related to the Application, the services, one’s reservation, one’s personal data, etc, the User can contact Holibag at the coordinates below :
HOLIBAG, Seine Innopolis
72 avenue de la république 76140 PETIT QUEVILLY
By phone : 06 22 72 72 78 / 06 74 04 48 17 / 06 51 85 19 43
By e-mail : firstname.lastname@example.org email@example.com