Terms of Use V-Locker AG

1. General

These Terms of Use govern the use of the products and/or services of V-Locker AG, Sonnentalstrasse 8, 8600 Dübendorf (CHE-135.004.269) ("V-Locker AG") by the customer ("User"). By using the products and/or services of V-Locker AG, the User agrees to the following terms and conditions.

2. Definitions of terms

3. Concept

The products and services of V-Locker AG provide Users with access to a modern, secure and affordable storage solution for bicycles. Users have the option to rent a storage box in a V-Locker tower and/or facility via free V-Locker app and store their bike and other items in it for a specified period of time. V-Locker AG will provide the products and/or services as well as their maintenance.

4. Use of the V-Locker App

With the help of the V-Locker App, the User can book a storage box in a V-Locker tower and/or facility. For this purpose, a user account must be opened. By opening a user account, the user confirms to be at least 18 years old or to have the permission of the legal guardian to use the app.

4.1 User account

In order to use the products and/or services of V-Locker AG, the User must open a User Account with Username and Password. Upon registration, the User must provide his/her first and last name, an email address and a cell phone number. In order to enable the provision of services by V-Locker AG, the User agrees to keep his/her data in the User Profile up to date and not to disclose the access to third parties.

4.2 Verification

V-Locker AG is entitled to verify the User data provided during registration, in particular the e-mail address and/or cell phone number. This process may take several days. The User has no right to use the products and/or services of V-Locker AG during the verification process.

4.3 Data protection

The privacy policy of V-Locker AG applies. The privacy policy can be downloaded here.

4.4 Account responsibility

The account holder is liable for all bookings made through his/her profile. This also applies if the account holder does not make the bookings him/herself and/or has no knowledge of the bookings.

4.5 Booking duration

A booking begins to run when the "booking button" is pressed in the V-Locker app. From this point on, the costs for the use of the storage box are incurred. This is also the case if the bicycle and/or other items are deposited in the storage box at a later date.

A booking ends properly after the User has ended the booking in the V-Locker App and emptied the storage box. If a booking is not terminated by the user within a period of five days, V-Locker AG has the right to terminate the current booking and to open a new booking for the User. The User is obligated to pay the costs incurred until the proper termination of the booking (see section 6.4). V-Locker AG is also entitled to charge the costs until the payment transaction is approved (see section 6.4). If the user fails to terminate the booking in an orderly manner, he/she will not be entitled to any claims for extensions against V-Locker AG.

If the termination process is not successful, further costs may be applied. The User shall not incur any claims against V-Locker AG as a result. In case a booking cannot be terminated, the User has to contact the support immediately. The booking will only end with the corresponding notification to the support. It is the User's responsibility to end the booking by him/her self and on time. V-Locker AG takes no responsibility for the external circumstances, such as train delays, empty batteries, etc.. The User has no claims against V-Locker AG due to such extensions.

4.6 Waiting period

The User may cancel a booking for a period of five minutes after its start, provided that the storage box has not yet been opened.

4.7 Abuse

The User is obliged to inform V-Locker AG immediately in case of misuse or suspicion of misuse of the User Profile. V-Locker AG disclaims any liability resulting from a violation of these obligations.

4.8 Blocking and deletion of User Profiles

V-Locker AG reserves the right to temporarily block and/or permanently delete User Profiles in the event of violations of these Terms of Use and/or suspected abuse. During the blocking period the User has no right to use the products and/or services of V-Locker AG. The User has no claims against V-Locker AG due to a blocking and/or deletion.

5. Use of the V-Locker boxes, towers and/or facilities

5.1 Personal responsibility

The use of the boxes, towers and/or facilities is at the User's own responsibility.

5.2 Opening hours

The V-Locker towers and/or facilities are open continuously. V-Locker AG reserves the right to temporarily shut down V-Locker towers and/or facilities for maintenance. The User shall not be entitled to any claims for damages against V-Locker AG as a result of such interruptions in operation.

5.3 Availability

The availability of storage boxes is limited and can be checked at any time using the V-Locker App. The User has no right to a free storage box. It is not possible to reserve storage boxes.

5.4 Maximum parking time

The storage boxes can be used during a maximum parking period of thirty days. V-Locker AG may extend the maximum parking period at its own discretion. If a User wants to extend his maximum parking period, he/she can contact the support.

5.5 Video surveillance

V-Locker AG may use video recordings to monitor the towers and/or facilities. The video recordings only serve to protect the towers and/or facilities, not to monitor the parked bicycles and/or objects. The recordings may be released to the relevant authorities for the purpose of investigating criminal offences.

5.6 Emptying

The User is obliged to remove all bicycles and/or items from the storage box as well as the V-Locker tower and/or facility before the end of the booking. V-Locker AG assumes no liability for any direct and/or indirect damages incurred by the user and/or third parties due to a disregard of this provision.

5.7 Forgotten and lost items

If the User has forgotten any items in the Storage Box, he/she is obliged to contact the Support immediately. If the storage box in question is still free, the support will create a new booking for the use of the storage box. The booking is subject to a charge. Items found by V-Locker AG employees in storage boxes or handed in by third parties are kept by V-Locker AG for a period of six months. During this period, the items can be collected from V-Locker AG by prior arrangement and against payment of a handling fee. The handling fee is determined by the amount of work involved. If possible, V-Locker AG will send the items by mail or courier. The transport costs are at the expense of the User. The User must provide proof of ownership of the item. Items that are not claimed within six months automatically become the property of V-Locker AG.

5.8 Emergency

In case of an emergency, the "emergency stop button" must be pressed. The User has to inform the support immediately after pressing the emergency stop button. In case of personal emergencies, the User is obliged to contact the emergency number first.

5.9 Problems, contamination, damage and malfunctions

The User is obliged to report all problems, contamination, damages and malfunctions of a V-Locker storage box, a tower and/or an facility to the support immediately. The User is obliged to provide the support with his/her personal data and all relevant information.

5.10. Payload

The maximum payload of the V-Locker storage boxes, towers and/or facility may vary. The maximum payload of the V-Locker towers and/or facilities is determined by the information viewable in the V-Locker App. The User is obliged not to exceed the respective maximum payload when using the V-Locker storage boxes, towers and/or facilities. The User is liable for all direct and/or indirect damages incurred by V-Locker AG and/or third parties as a result of disregarding this provision.

5.11. Misuse

The V-Locker towers and/or facilities operate fully automatically. The User is explicitly prohibited from opening the doors under his/her own power. The User must avoid from any improper behavior, in particular from damaging the towers and/or facilities as well as surrounding facilities. The following behavior in particular is prohibited in and around the facilities:

V-Locker AG is entitled to charge the User for all inconveniences and costs for misuse. In any case, a handling fee of CHF 100 will be charged. V-Locker AG reserves the right to charge the actual costs incurred.

5.12. Access ban

V-Locker AG has the right to prohibit Users from accessing V-Locker storage boxes, towers and/or facilities at its sole discretion.

6. Costs and payment

6.1 Payment obligation

With the confirmation of a booking, the User undertakes to pay the costs stipulated in section 6.2 of these Terms of Use. If the payment is not made in time, the User is liable for all direct and/or indirect consequential costs (including interest) incurred by V-Locker AG and/or third parties.

6.2 Costs

Upon selection of a storage box, the V-Locker App will suggest to the User the estimated price per billing unit. The price and billing unit may vary depending on the V-Locker tower and/or facility and can be seen when booking. By booking, the User agrees to the suggested conditions. The costs incurred and the parking time are constantly updated. Upon termination of the booking, the User will be invoiced for the parking time or the costs incurred thereon according to the last data stored on the V-Locker AG server. The costs according to the last storage on the server of V-Locker AG are decisive for the payment obligation. The User shall not be entitled to any claims against V-Locker AG arising from any discrepancy between the parking time or the costs incurred thereon according to the data in the V-Locker App and the last storage on the server of V-Locker AG.

6.3 Means of payment

The User agrees to deposit a valid payment method in the User Account upon registration. V-Locker AG accepts only credit cards as means of payment. The User is obligated to ensure that a given credit card is valid and has a sufficient payment limit before making a booking. By depositing a means of payment or a credit card, the User expressly agrees to the charging thereof by V-Locker AG or by third parties commissioned by V-Locker AG, in particular the payment service provider listed in section 6.6 of these Terms of Use.

6.4 Pay-As-You-Go

The payment method "Pay-As-You-Go" (also: "Pay-Per-Use") is available to every registered, verified User who is not blocked. With the "Pay-As-You-Go" payment method, the User pays only upon completion of a booking.

A booking ends properly upon termination made by the User in the V-Locker app and removal of all bikes and/or items from the storage box. If a booking is not properly terminated by the User within a period of five days, V-Locker AG has the right to terminate the current booking and to open a new booking for the User (see section 4.5.).

After termination of a booking, V-Locker AG is entitled to automatically debit the outstanding amount or the costs of a booking (see section 6.2) from the means of payment deposited by the User or to instruct third parties, in particular the payment service provider listed in section 6.6 of these Terms of Use, to debit the amount. If the debit of the deposited means of payment is not possible (e.g. too low payment limit) or if the payment of the outstanding costs is delayed for any other reason, the User is liable for all direct and/or indirect damages incurred by V-Locker AG and/or third parties due to the delay.

6.5 Subscription

V-Locker AG determines the availability of the payment method "Subscription". The availability is based on the number of open subscriptions per tower and/or facility. The User has no right to a subscription.

When taking out a subscription, the user acquires a fixed hourly quota for the use of the storage boxes, which can be used for thirty days after the purchase of the subscription. The subscription costs are to be paid in advance and will be debited to the deposited means of payment by V-Locker AG or by third parties commissioned by V-Locker AG, in particular by the payment service provider indicated in section 6.6 of these Terms of Use. If the debit of the deposited means of payment is not possible (e.g. too low payment limit) or if the payment of the outstanding costs is delayed for any other reason, the User is liable for all direct and/or indirect damages incurred by V-Locker AG and/or third parties due to the delay.

If the subscription ends during the use of a storage box, V-Locker AG will bill the User for the hours until the termination of the booking via Pay-As-You-Go (see section 6.4).

Unused hours expire after the expiration of the period of thirty days. The User has no claims against V-Locker AG.

The Subscription Holder is not entitled to a storage box. The provisions of section 5.3 of these Terms of Use apply.

6.6 Payment Service Provider

V-Locker AG uses the services of the payment service provider "Stripe" (Stripe, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland). V-Locker AG takes no responsibility for the actions of the payment service provider and/or their support staff, employees and/or contractors. The User is obliged to inform himself/herself about the applicable terms and conditions and/or any other legal basis of the payment service provider.

7. Liability

7.1 Liability of the User

The User shall be liable for all personal injury, property damage and/or financial loss caused by him/her and/or his/her support staff and/or contractors, whether intentionally or negligently, as a result of a violation of these Terms of Use, other regulations and/or legal provisions, to a V-Locker storage box, tower, facility and/or a third party, directly or indirectly.

7.2 Liability of V-Locker AG

To the extent permitted by law, any responsibility of V-Locker AG is disclaimed. V-Locker AG is not liable for damages caused intentionally or negligently by support staff, employees, contractors and/or third parties. V-Locker AG is not liable for damages caused by force majeure and natural hazards.

V-Locker AG is not liable for damages and/or theft of the stored bicycles and/or objects. The User expressly acknowledges that V-Locker AG does not supervise the stored vehicles and is not subject to any supervisory or other duty of care.

V-Locker AG reserves the right to take all measures, sanctions and legal remedies in the event of a violation of these Terms of Use, other regulations and/or legal provisions.

8. Contact and Support

In case of any questions and/or concerns, the User may contact the Support at the telephone number +800 8600 0068 or the e-mail address support@v-locker.ch.

9. Final provisions

9.1 Legally binding

The original English text of these Terms of Use is legally binding. The original English text shall take precedence over any translations.

9.2 Modification of the Terms of Use

V-Locker AG reserves the right to amend these Terms of Use at any time to ensure that they always comply with current legal requirements or to implement changes to the range of services offered. V-Locker AG recommends the User to check the Terms of Use regularly for possible changes.

9.3 Severability Clause

The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity of the remaining provisions. V-Locker AG and the User shall endeavor to reach an amicable settlement in the event of a dispute. If no agreement is reached, the invalid provision will be replaced by a provision that legally and economically comes closest to the original, unenforceable provision.

9.4 Agreement on the place of jurisdiction

This agreement shall be governed exclusively by Swiss substantive law. All disputes arising out of or in connection with this Agreement shall be decided by the courts of the Canton of Zurich (ZH).