These Terms of Use govern the utilisation and/or use of the products and/or services of V-Locker AG ("V-Locker") by the user ("User"). By using the products and/or services of V-Locker, the user agrees to the following terms and conditions.
The V-Locker products and services give users access to a modern, secure and affordable storage solution for bicycles. Via the V-Locker app, users can pay a fee to rent a box in a V-Locker tower and/or facility to store their bike and other items for a certain period of time. V-Locker is responsible for providing the products and/or services. The owner of the facility is responsible for maintenance and can transfer this to V-Locker. This is agreed in separate contracts.
The user can use the V-Locker app to book a box in a V-Locker system. A user account must be opened for this purpose. By opening a user account, the user confirms that they are at least 18 years old or have the permission of their legal guardian to use the app.
In order to use the products and/or services of V-Locker, the user must open a user account with a user name and password. When registering, the user must provide their first and last name, email address and mobile phone number. In order to enable the provision of services by V-Locker, the user undertakes to keep his data in the user profile up to date and not to pass on access to the user profile to third parties.
V-Locker is entitled to verify the user data provided during registration, in particular the email address and/or mobile phone number. This process may take several days. The user is not entitled to use the products and/or services of V-Locker during the verification period.
The latest data protection provisions of V-Locker apply. The privacy policy can be downloaded here.
The account holder is liable for all bookings made via their profile. This also applies if the account holder does not make the bookings themselves and/or has no knowledge of the bookings.
The account holder can request the deletion of the account and the associated data by sending an informal request to the data protection officer dpo@v-locker.ch. After successful cancellation, the user will be notified by email. This action cannot be cancelled. A new registration is possible at any time, but without access to the history.
A booking begins when the "Start booking" button is pressed in the V-Locker app. From this point onwards, the costs for using the box are incurred, even if the bike and/or other items are not deposited in the box until a later date.
A booking ends properly after the user has ended the booking in the V-Locker app and completely emptied the box. If a booking is not terminated by the user within a period of five days, V-Locker has the right to terminate the current booking and open a new booking for the user. The user is obliged to pay the costs incurred until the booking is duly terminated (see section 6.4). V-Locker is also entitled to charge the user for the costs incurred until the payment transaction has been authorised (see section 6.4). If the user fails to terminate the booking properly, he/she shall not be entitled to any claims against V-Locker arising from extensions.
If the cancellation process is not successful, further costs may be incurred. The user has no claims against V-Locker as a result. In the event that a booking cannot be cancelled, the user must contact support immediately. The booking only ends when the support team is notified accordingly. It is the responsibility of the user to terminate the booking independently and in good time. V-Locker accepts no liability for external circumstances such as train delays, empty batteries, etc. The user has no claims against V-Locker for such extensions.
The user can cancel a booking within five minutes of its start, provided the box has not yet been opened.
The user is obliged to inform V-Locker immediately in the event of misuse or suspected misuse of the user profile. V-Locker rejects any liability resulting from a breach of this obligation.
V-Locker 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 misuse. During the blocking period, the user has no right to use the products and/or services of V-Locker. The user shall not be entitled to any claims against V-Locker as a result of blocking and/or deletion.
5 Use of the V-Locker boxes, towers and/or systems
The use of the boxes, towers and/or facilities is at the user's own risk.
The V-Locker systems are open at all times. V-Locker reserves the right to temporarily take V-Locker towers and/or systems out of operation to carry out maintenance work. Users will be informed in advance. The user shall not be entitled to claim damages from V-Locker as a result of these interruptions to operations.
The availability of free boxes is limited and can be checked at any time using the V-Locker app. The user is not entitled to a free box. It is not possible to reserve boxes.
The boxes can be used for a maximum parking period of thirty (30) days. V-Locker may extend the maximum parking period at its own discretion. If a user wishes to extend their maximum parking period, they can contact support.
V-Locker may use video recordings to monitor the towers and/or facilities. The video recordings are only used to protect the towers and/or facilities, not to monitor the bicycles and/or objects parked. The recordings may be handed over to the competent authorities for the investigation of criminal offences. The retention period and data security comply with the data protection agreement. (https://live.v-locker.ch/en/privacy.html)
The user is obliged to remove all bicycles and/or objects from the box and the V-Locker tower and/or the facility before the end of the booking. V-Locker accepts no liability for any direct and/or indirect damage incurred by the user and/or third parties as a result of non-compliance with this provision.
If the user has forgotten items in the box, they must contact Support immediately. If the box in question is still free, Support will create a new booking for the use of the box. The booking is subject to a charge. Items found in boxes by V-Locker employees or handed in by third parties are stored by V-Locker for a period of six months. During this period, the items can be collected from V-Locker 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 will send the items by post or courier. The transport costs shall be borne by the user. The user must provide proof of ownership of the item in question. Items that are not claimed within six months automatically become the property of V-Locker and can be disposed of. Any costs incurred for disposal may be charged to the user.
In an emergency, the "emergency stop button" must be pressed. The user must inform Support immediately after pressing the emergency stop button. In the event of a personal emergency, the user is obliged to contact the emergency call centre first.
The user is obliged to report all problems, contamination, damage and faults to a V-Locker Box, a tower and/or a system to Support immediately. The user is obliged to provide Support with their personal details and all relevant information.
The maximum payload and dimensions of the V-Locker boxes, towers and/or units may vary. The maximum payload and dimensions of the V-Locker towers and/or units are determined by the information available in the V-Locker App. The user undertakes not to exceed the respective maximum payload or dimensions when using the V-Locker boxes, towers and/or units. The user is liable for all direct and/or indirect damage caused to V-Locker and/or third parties by disregarding this provision. Positioning must be carried out in accordance with the operating instructions / help pages.
The V-Locker towers and/or systems operate fully automatically. The user is expressly prohibited from opening the doors under their own power. The user must refrain from any improper behaviour, in particular damaging the towers and/or systems and surrounding facilities. In particular, the following behaviour is prohibited in and around the facilities:
V-Locker is entitled to charge the user for all activities and costs for misbehaviour. In any case, an administrative fee of CHF 100 will be charged.
V-Locker has the right to prohibit users from accessing V-Locker boxes, towers and/or facilities and to impose a house ban at its own discretion. This applies in particular, but not exclusively, in the event of suspicious activities, improper handling of the facility, threats or insults towards employees, long-term payment arrears, etc. The user will be informed of such a measure. The user will be informed of such a measure.
6 Costs and payment
By confirming a booking, the user undertakes to pay the costs specified in Section 6.2 of these Terms of Use. If payment of the costs is not made on time, the user is liable for all direct and/or indirect consequential costs (including interest) incurred by V-Locker and/or third parties. The user's obligation to pay is only fulfilled upon receipt of the amount in our postal cheque or bank account (value date). The place of fulfilment for all payments to be made by users is our registered office.
When selecting a box, the V-Locker app suggests the estimated price per billing unit to the user. The price and the billing unit may vary depending on the location and can be seen when booking. By booking, the user agrees to the proposed parameters. The costs incurred and the parking time are constantly updated. At the end of the booking, the user will be invoiced for the parking time or the costs incurred in accordance with the last data saved on the V-Locker server. The costs according to the last storage on the V-Locker server are decisive for the payment obligation. The user shall not be entitled to any claims against V-Locker in the event of a discrepancy between the parking time or the costs incurred according to the information in the V-Locker app and the last storage on the V-Locker server.
The available payment methods may vary depending on the installation and country. The user can check the "facility details" in the app to find out which payment methods are available at the desired facility. The user must ensure that they have a valid means of payment before starting a booking. Some payment methods can be saved in the user profile for convenience. By depositing a means of payment or credit card, the user expressly agrees to it being charged by V-Locker or by third parties commissioned by V-Locker, in particular the payment service providers listed in section 6.6 of these Terms of Use.
The "Pay-As-You-Go" (also: "Pay-Per-Use") payment method is available to every registered, verified user as long as they are not blocked. With the "Pay-As-You-Go" payment method, the user only pays at the end of a booking.
A booking ends properly when the user cancels it in the V-Locker app and removes all bicycles and/or items from the box. If a booking is not properly terminated by the user within a period of five days, V-Locker has the right to terminate the current booking and open a new booking for the user (see section 4.5.).
After completion of a booking, V-Locker is authorised to automatically debit the outstanding amount or the costs of a booking (see section 6.2) to the means of payment deposited by the user or to instruct third parties, in particular the payment service providers listed in section 6.6 of these Terms of Use, to debit the amount. If it is not possible to debit the deposited means of payment (e.g. payment limit is too low) or if payment of the outstanding costs is delayed for any other reason, the user shall be liable for all direct and/or indirect damages incurred by V-Locker and/or third parties as a result of the delay. If V-Locker is unable to debit the user, V-Locker reserves the right to block the user's account and initiate debt collection proceedings.
V-Locker determines the availability of the "Subscription" payment method. The availability depends on the number of open subscriptions per tower and/or system. The user is not entitled to a subscription.
When taking out a subscription, the user acquires a fixed number of hours to use the boxes, which can be used for thirty days after purchasing the subscription. The subscription costs must be paid in advance and will be debited to the deposited means of payment by V-Locker or a third party authorised by V-Locker, in particular the payment service provider specified in Section 6.6 of these Terms of Use. If it is not possible to debit the deposited means of payment (e.g. payment limit is too low) or if payment of the outstanding costs is delayed for any other reason, the user shall be liable for all direct and/or indirect damages incurred by V-Locker and/or third parties as a result of the delay.
If the subscription ends during the use of a box, V-Locker will invoice the user for the hours up to the end of the booking via Pay-As-You-Go (see section 6.4).
Unused hours expire after the thirty-day period. The user shall have no claims against V-Locker as a result.
The subscription holder is not entitled to a box. The provisions of section 5.3 of these Terms of Use apply.
V-Locker uses the following payment service providers:
· Stripe: Stripe, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland
· Paypal: PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24, Boulevard Royal, L-2449
· Payrexx AG: Burgstrasse 20, CH-3600 Thun
V-Locker accepts no liability for the actions of the payment service provider and/or its auxiliary persons, employees and/or contractors. The user is obliged to inform himself/herself independently about the applicable terms and conditions and/or other legal bases of the payment service providers.
The user is liable for all personal injury, property damage and/or financial loss that he and/or his auxiliary persons and/or contractors cause directly or indirectly to a V-Locker box, a tower, a system and/or a third party as a result of intentional or negligent violation of these terms of use, other regulations and/or statutory provisions.
To the extent permitted by law, any liability of V-Locker is excluded. V-Locker is not liable for damage caused intentionally or negligently by auxiliary persons, employees, contractors and/or third parties. V-Locker is not liable for damage caused by force majeure or natural hazards.
V-Locker is not liable for damage and/or theft of the stored bicycles and/or objects. The user expressly acknowledges that V-Locker does not monitor the parked vehicles and is not subject to any supervisory or other duties of care.
V-Locker reserves the right to take all measures, sanctions and legal remedies in the event of a breach of these terms of use, other regulations and/or legal provisions.
If the user has any questions and/or concerns, they can contact support by calling +800 8600 0068 or sending an e-mail to support@v-locker.ch.
The original German text of these terms of use is legally binding. The original German text takes precedence over any translations.
V-Locker 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 services offered. V-Locker recommends the user to check the terms of use regularly for possible changes. The currently valid version is published at https://live.v-locker.ch/en/terms.html.
The invalidity or unenforceability of individual provisions of these Terms of Use shall not affect the legal validity of the remaining provisions. V-Locker and the user shall endeavour to reach an amicable agreement in the event of a dispute. If no agreement is reached, the invalid provision shall be replaced by the provision that comes closest to the original, unenforceable provision in legal and economic terms.
This agreement shall be governed exclusively by Swiss substantive law. All disputes arising out of or in connection with this agreement shall be settled by the courts of the Canton of Zurich (ZH).
Published on: 14.08.2024