TERMS AND USER ACKNOWLEDGEMENT
- This agreement (the “Agreement”) governs your locker rental (the “Rental”) from Whistler Bag Storage Corporation (the “Company”). Please read this Agreement carefully. By completing an order on www.whistlerbagstorage.com (the “Website”) to rent a locker with the Company, you are agreeing to the terms of this Agreement.
- This Agreement shall be deemed and considered as an integral part of each individual contract for storage and for any other service finalized with the Customer and could not be severable from the contract itself.
- By accessing the Website and placing your order, you acknowledge and agree that:
- Your use of the Website is at your own risk. The Company fulfills orders on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied.
- Any content or information that you transmit is at your sole discretion and risk. You are solely responsible for any loss or damage that may arise from such transmittal. We are not responsible for any incorrect, inaccurate or unreliable content in connection with the website.
- We are not responsible for any user’s conduct, whether online or offline.
- We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication failure, theft or destruction or unauthorized access to, or alteration of the Website.
- We do not guarantee that:
- the Website will meet your requirements;
- access to the Website will be uninterrupted, timely, secure, or error-free;
- the quality or reliability of the Website will meet your expectations;
- defects will be corrected;
- the content is or will be free of viruses; and
- any information you provide to us or we collect will not be disclosed to third parties.
BOOKING AND STORAGE FACILITIES
- You must pay for your Rental in full before the Company will complete your booking. Once the booking is completed, the Company will send you an email confirming your reservation (the “Reservation”).
- A Reservation will allow you to store your luggage or other items (the “Stuff”) in one randomly selected automatic locker (the “Locker”) which suits the dimensions optioned for in your Reservations. Owing to the specificity of the service, you understand and agree that Reservations cannot be cancelled and the start of the Reservation cannot be modified.
- You may store your Stuff at the Locker for the period beginning from the day and time at which you deposit your Stuff to the estimated day and time of collection you indicated on your Reservation.
- Access to the Locker will be available every day from the hours of 6:00 a.m. to 10:00 p.m (the “Hours of Operation”). The Company reserves the right to modify the Hours of Operation at any time, without notice, and will only provide notice of this modification on the Website. It is your responsibility to review and confirm the applicable Hours of Operation during your Reservation.
- You may not store or permit to be stored in the Locker:
any form of plants, animals or perishable foodstuffs;
securities and negotiable certificates (bills of lading, currency, paper money, coins, credit cards and travellers checks)
other non-negotiable securities;
material that can be cons bladed idered as pornographic or indecent;
weapons (firearms and weapons);
narcotic or psychotropic drugs;
art objects, antiques, metals (gold, silver in any form and precious stones), watches, personal electronic devices, or intellectual property such as software containing information of high value;
your identity documents or other documents necessary for travel;
any item in weighing in excess of 20 kg/;
items prohibited by law or considered hazardous under applicable legislation;
items which by their nature or packaging may cause harm to humans, to the environment, or to other Stuff stored by the Company;
items that the Company considers, in its sole discretion, to be unfit for storage.
- The Lockers will, at all times during Your Rental, be equipped with an alarm system linked to private security services.
ADDITIONAL FEES AND PAYMENT
- If you require access to your Rental outside of the Hours of Operation, the Company may accommodate this request for a $150 late call-out fee.
- If you are late in ending your Reservation, it will be automatically extended and the Company will charge 150% of its daily rate, regardless of the actual period for how long the Rental is extended, for up to 3 days unless otherwise agreed upon.
- You agree that the Company may charge for any fees set out in this agreement at the time they become payable from the credit card on file. Any declined payments shall incur interest at the rate of 15(%) per annum starting from seven (7) days after the date the payment is first declined.
- You agree that all payments made to the Company are non-refundable and are to be made in the Canadian dollar.
RIGHT TO INSPECTION
- You acknowledge and agree that any Stuff stored in the Locker may be inspected by the Company or governing authority at any time.
LOST AND FOUND
- For security reasons, the Company may specifically inspect all forgotten contents of a Locker three (3) days after the associated Reservation has ended, and all lost items returned to the Company’s possession immediately (the “Inspection”). An Inspection may irreversibly damage the item or render it unusable. You acknowledge and agree that the Company may conduct an Inspection on any unclaimed Stuff in the Company’s possession three (3) days after your Rental ends, unless otherwise agreed upon in writing.
- The Company will make reasonable efforts to identify as Stuff any forgotten contents of a Locker or any found items returned to the Company.
- If the Company is unable to identify a lost or found item as Stuff, the Company will treat the item as abandoned. The Company will safely dispose of all abandoned items 5 days after the reservation ends or the Company receives the found item.
- You may request that the Company store lost or forgotten Stuff for your retrieval and agree to pay the Company the daily rate for storage of your lost or forgotten Stuff until it is claimed.
- The Company may, at its sole discretion, agree to mail lost or forgotten Stuff at a fee of $90, plus shipping costs, which you will pay before the Company mails the Stuff.
- You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- You agree to provide information for the Reservation which is consistent and accurate with the ultimate use of the Locker and to fulfill the Reservation accordingly. For greater certainty, this Reservation cannot be transferred or shared.
- You will not use the Website:
in any unlawful, fraudulent, or commercial manner, or any other manner prohibited by these Terms;
to attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means;
to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Website; or
you are under 18 years of age.
- You warrant, represent, and guarantee to the Company that you will not store Stuff or permit the storage of Stuff in the Locker that is in contravention of provision 4.4. of this Agreement. Further to this obligation, you will:
verify the contents of your Stuff immediately prior to the start of your Reservation;
verify the size and weight of your Stuff before making a Reservation and the Company will not make accommodations for Stuff that exceeds the selected dimensions or weight;
use the Locker properly, including ensuring the door of the locker is securely closed;
ensure that your Stuff is specifically and personally identifiable and you are otherwise able to demonstrate ownership of your luggage;
ensure that your Stuff is packed, sealed, and locked in a manner befitting the weight, shape, nature, and value of its contents and the Stuff is of sufficient quality so as to insulate and protect the contained goods from, including without limitation, liquids, shock and vibration;
ensure that any Stuff which can be uploaded, copied, or otherwise backed up in some way has been processed in that same way; and
ensure that take all your Stuff with you when you leave the Locker upon completion of your reservation.
- The Company will at all times during your Reservation hold an active insurance contract which covers permitted Stuff up to a maximum value of $1000 per locker. For greater clarity, please review section 3.5. for items which cannot be stored in your Locker as Stuff.
- You agree to indemnify us and hold the Company harmless from any liability the Company may suffer, or any costs, damages or expenses, including legal costs, the Company may incur either to you or to any third parties and arising out of your breach of any of your obligations under this Agreement, even if we inadvertently accept Stuff that is in contravention of any of your obligations under this Agreement.
- You agree that all representations, warranties, responsibilities, or other obligations of the Company with respect to your Reservation are intended for your sole benefit. If the Reservation is resold or otherwise transferred or in any way that is inconsistent with the Company’s records, without the express written consent of the Company, you agree to release the Company from any and all obligations under this Agreement, and you agree to indemnify the Company from all claims, losses, damages, costs or causes of action arising out of or resulting from such sale, transfer, or use.
LIMITATION OF LIABILITY
- The Company’s liability for the risks of loss or damage to your Stuff during the Reservation requires specific attributability to the gross negligence or misconduct of the Company and in any case, cannot exceed the amount of $1000 per Locker.
- The Company is not liable for any loss or damage arising from your delay or failure to collect your Stuff in accordance with the Reservation and/or within the Company’s hours of access including without limitation any missed flights or trains or for any loss of gain, profit, market, reputation, customers, use, or opportunity even if the Company had knowledge that such loss or damage might arise, nor for any loss or any damage arising from cases of contract termination, negligence, wilful misconduct or default.
- The Company is not responsible for broken handles, bags, clothing, luggage and/or wheels.
MODIFICATION AND ERRORS
- There may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to Rental descriptions, pricing, promotions, offers, and availability. The Company has no obligation to update, amend or clarify this information except as required by law. However, at its discretion, the Company may make these corrections or modifications without notice to you at any time (including after you have submitted your order). The Company shall not be liable to you or any third-party for any modifications, price changes, suspensions, cancellations, or discontinuance of any product or of this Website. Please check these Terms and Conditions periodically for changes. Your continued use of the Website following the posting of changes to the Terms will mean you accept the changes. To withdraw your consent, you must cease using the Website.
- No specified update or refresh date on the Website or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
- The Company reserves the right to limit or refuse any Reservation, in which case, the Company will refund any payment received in connection with the Reservation.
- The Company is based in Canada and make no claims that the Website or any of its content is accessible or appropriate outside of Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.
- These terms shall be governed by, and construed under, the laws of the Province of British Columbia, Canada. Any legal action or proceeding with respect to this Agreement shall be brought exclusively in the courts of British Columbia and by execution of this Agreement, you irrevocably consent to the jurisdiction of those courts.
- Notwithstanding any provision of this Agreement, the failure or delay of the performance of any of the Company’s obligations under this Agreement by reason of circumstances beyond our control, including but not limited to: earthquakes, cyclones, storms, flooding, fire, diseases, fog, snow or frost, war, labour disputes, healthcare emergencies including global epidemics or pandemics, acts or orders of government, technological failure including electrical failure, latent defects or inherent vice in the content of the stored luggage; criminal acts of third parties such as theft, robbery and arson; acts or omissions attributable to you or to any third party whose work you will be responsible for; act or omission attributable to a public official (a “Force Majeure Event”) will be deemed not to be a breach of this Agreement so long as the Company has not contributed to the Force Majeure Event, and has reasonably made efforts to avoid the Force Majeure Event and continues to take all actions within its power to comply as fully as possible with the terms of this Agreement.
- In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions shall remain in full force and effect.
- This Agreement shall be binding upon the parties hereto, and their heirs, successors, executors, administrators and assigns. You may not assign or transfer this Agreement or any rights hereunder.
- The waiver by a party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any subsequent breach of the same or other provisions.
- This Agreement may be executed in as many counterparts and by facsimile transmission, each of which so signed will be deemed to be an original, and such counterparts and facsimile transmissions together will constitute one and the same instrument, and notwithstanding the date of execution will be deemed to bear.
- The singular of any term includes the plural, and vice versa as the context requires. The use of any term referable to a particular gender is equally applicable to any gender as the context requires and, where applicable, a body corporate.
- If you have any questions about the Terms, please contact us at: firstname.lastname@example.org