Terms of Usage
Updated: 16 April 2024
Terms of Usage Summary (full terms, see below):
CitySpareSpace.com is a platform for booking luggage storage services with independent businesses. City Spare Space Ltd is a VAT registered business in the United Kingdom. We do not provide luggage storage services but simply provide a way for customers to book luggage storage.
To use the luggage storage services, customers must pay online. Luggage storage locations in our network should never request payment from customers. If customers pay directly to our storage locations, then you are not protected by our Guarantee Policy (paragraph 8.3).
1. Terms
1.1 These Terms apply to the access and use of the Site owned and operated by City Spare Space Limited, company registration number 11310895, registered office 53 Worsley Road, Swinton, M27 5NE, United Kingdom (CSS). No other terms apply, including all terms and conditions otherwise implied by law, custom or previous course of dealing to the maximum extent permitted by law. By using the Site you agree to be bound by these terms of use (the Terms) together with the privacy and cookie policy accessible in the Site (the Privacy & Cookie Policy). These Terms and the Privacy & Cookie Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy & Cookie Policy, do not use the Site. If you have any questions, contact us by email at info@citysparespace.com
1.2 CSS reserves the right to update these Terms at its discretion. If we reasonably believe that the change to the Terms is significant, we shall notify all registered users by email. Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
1.3 The Site operates as a platform for Storage Providers and Customers to connect, book Storage Services, pay for Storage Services and receive feedback. CSS does not provide Storage Services itself and has no responsibility for acts or omissions of Storage Providers and Customers or otherwise in relation to Storage Services.
2. Definitions
2.1 In these Terms, the following words have the following meanings:
Administration Fee: the fee paid by the Customer when requesting a refund;
Credit: payment from a cancelled booking that a Customer wishes to use for another date and/or Storage Provider;
Customer: an individual, company or other organisation seeking Storage Services;
Customer Content: all content uploaded to the Site by a Customer, in particular communications with a Storage Provider and reviews for a Storage Provider;
Fee: the fee paid by the Customer for the Storage Services;
IP Rights: means any patent, trade mark, registered design or any application for registration of the same, or the right to apply for registration of the same, any copyright or related rights, database right, design rights, rights in trade, business or domain names, rights in trade dress, rights in inventions, rights in confidential information or know-how or any similar of equivalent rights in any part of the world;
Payment Service Provider (PSP): an external company that collects online payments through our website;
Site Content: all content on the Site;
Storage Contract: the relationship between the Customer and the Storage Provider in respect of the Storage Services including the terms set out below and any other terms that the Storage Provider may communicate to the Customer that are consistent with these Terms and comply with applicable laws;
Storage Provider: an individual, company or other organisation approved and registered on the Site to offer Storage Services;
Storage Provider Content: all content provided by the Storage Provider, including within the Storage Provider’s profile and the Storage Provider’s communications on the Site;
Storage Services: the storage services provided by the Storage Provider and sold to a Customer through the Site;
Storage Venue: the location where the Storage Services are provided;
You: any user of the Site, including a Customer and a Storage Provider.
2.2 Words in the singular include the plural and in the plural include the singular.
2.3 Headings shall not affect the interpretation of these Terms.
2.4 References to Conditions are, unless otherwise provided, references to the conditions of these Terms.
2.5 Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies.
2.6 Any phrase introduced by the words ‘including’ shall be construed as illustrative and shall not limit the generality of the related words.
3. Registration
3.1 If you wish to register as a Storage Provider on the Site, you must (a) be at least 18 years old; and (b) be legally capable of entering into a contract. At our request, you shall provide evidence of your compliance with this.
3.2 If you wish to register as a Storage Provider on the Site, you must also provide us with evidence of (a) a secure area for the stored items at the Storage Venue or security cameras that monitor the area where the items are kept; (b) full details about the Storage Venue including evidence of your ownership or your right to occupy and offer Storage Services from the Venue. You must also confirm that no third party has any right to occupy or access the storage area in Storage Venue where the items are stored. You shall immediately notify us if at any time you cease to comply with the provisions in this Condition 3.2, and you agree that we shall be entitled immediately to remove you from the Site in such circumstances.
3.3 Storage Providers must ensure that availability of the Storage Services at the Storage Venue is up to date at all times. If the Storage Provider’s hours is incorrect and Storage Services are cancelled by the Storage Provider, this shall be considered a material breach of these Terms.
3.4 It is free to register as a Storage Provider on the Site.
3.5 Storage Providers agree that CSS shall be entitled to reproduce and use the Storage Provider’s name and associated logos within publicity for the Site and for the CSS business.
3.6 Storage Providers must notify CSS at least 72 hours in advance of changing their opening hours. A Storage Provider’s failure to inform CSS about opening hour changes that results in a Customer’s cancellation will be penalised by the total amount of lost revenue to CSS. If 3 cancellations occur within 90 days because of incorrect opening hours, you may be removed from our website.
4. Storage Contract
4.1 Once registered, a Customer may use our Site to book Storage Services. When you book the Storage Services, CSS collects payment of the Fee on behalf of the Storage Provider. Customers agree that on booking the Storage Services the Customer is entering into the Storage Contract with the Storage Provider, and not with CSS for the provision of the Storage Services. As a result, we are not responsible or liable to you in relation to the provision of Storage Services.
4.2 Customers should carefully review the Storage Contract before agreeing to purchase Storage Services. Storage Providers and Customers agree that CSS is not a party to and is not responsible for enforcing a Storage Contract.
4.3 Notwithstanding any other provision of the Storage Contract, Customers shall not attempt to store any products at a Storage Venue that are not permitted by a Storage Provider, including firearms, weapons, property that does not belong to the Customer, passports or other identification documents, boarding passes, money in any currency, perishable goods, liquids, high value items such as but not limited to jewellery, electronics, artwork, precious metals or other high value items. If Customers store these restricted items, they do so at their own risk and will not be eligible for reimbursement if damage or theft occurs. The Customer who enters into the Storage Contract must be the individual who delivers and collects the products to be stored from the Storage Venue, unless arranged in advance with CSS. Customers agree that they may be subject to an “open bag check”. The Customer may need to show the contents of their items to the Storage Provider.
4.4 Storage Providers shall treat all Customer information as confidential and keep all such information secure, and not share such data with any third party, or use such data for any purpose except to provide the Storage Services to a Customer.
4.5 The Storage Provider is not and shall not be deemed to be an employee of CSS at any time. The Storage Provider, if an individual, must be self-employed and registered as such with the Inland Revenue or equivalent within their respective country. If CSS incurs any costs including income tax or national insurance costs as a result of the acts of the Storage Provider, the Storage Provider shall pay all such costs.
4.6 Storage Providers must familiarise themselves and all relevant staff members with the booking and storage procedures.
5. Payment and Cancellation
5.1 Customers shall pay the Fee for the Storage Services to book the Storage Services. For the avoidance of doubt, no Storage Contract shall come into existence until the Fee has been paid in full. Payment is made through a Payment Service Provider (PSP) on the Site. By booking Storage Services, Customers authorise the PSP and us to process payment of the Fee.
5.2 If Customers fail to pick up their items during the Storage Provider’s opening hours on their pickup date, then Customers are liable to pay additional Fees. The Fees are the standard day rate for the Storage Services. Customers will not be allowed to collect their items before payment. If the Customer does not pick up their items on their pickup date, then CSS working alongside the Storage Provider will reasonably attempt to deliver the items through an external delivery company. If this occurs, the Customer is completely responsible for paying the delivery fees and incurs a £20 fee payable to CSS.
5.3 If a Storage Provider is unable to provide Storage Services, the Storage Provider shall immediately notify CSS. If alternative arrangements cannot be made, the Customer is entitled to a full refund of the Fee on notification to us by email.
5.4 A Customer shall be entitled to cancel Storage Services on or at least within 14 days of entering into the Storage Contract (provided that the provision of the Storage Services hasn’t started) and in such circumstances, the Customer shall be entitled to a refund of the Fee, less an Administration Fee (10% of customer Fee), on notification to us by email. In order to receive a refund, the Customer must cancel their Storage Services before their specified drop off time on the date they booked. To avoid the 10% Administration Fee, a customer can keep their full payment as credit for another date and/or for another Storage Provider registered on our website. This credit is valid for 1 year from their drop off date. A Customer is entitled to a full refund of the Fee if the Storage Services provided are not as described or faulty in some way.
5.5 CSS shall pay to the Storage Provider the Fee, less CSS’s current commission fee. CSS shall notify the Storage Provider by email of any changes to its commission fee from time to time. We shall pay all sums due to the bank account details that the Storage Provider has provided to us together with an emailed remittance advice once a month in arrears. The Storage Provider is responsible for all taxes due and payable in respect of all sums received from CSS under these Terms.
5.6 For the avoidance of doubt, the Storage Provider shall not request payment of any sums from the Customer. If a Storage Provider requests payment of any sums from the Customer for Storage Services, then the Storage Provider is liable to pay a £250 (or local currency equivalent $250 USD or €250 Euro) penalty for breaching this agreement.
5.7 Neither party shall circumvent or attempt to circumvent the Site in creating the Storage Contract.
5.8 CSS reserves the right to conduct promotions, which likely will involve discounted or in rare cases, no Fee payable by Customers. If a customer pays no Fee, then the Storage Provider is still entitled to payment for the Storage Services provided.
6. Use of Site
6.1 CSS grants to you a personal, non-exclusive, non-transferable right to use the Site and Site Content in accordance with these Terms. You shall have no right to sub-license your use of and/or access to the Site.
6.2 You are responsible for configuring your own systems appropriately to access and use the Site. You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site or interferes with any third parties use of the Site. You shall comply with all reasonable instructions of CSS in relation to the use of the Site.
6.3 The Site must not be used for any illegal or unauthorised purpose. In particular, but without limitation, you agree not to (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; (b) harvest or otherwise collect non-public information about another user obtained through the Site (including email addresses), without the prior written consent of the holder of the appropriate rights to such information; (c) use the email address or contact details of another user for antisocial, disruptive, or destructive purposes; and/or (d) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.
6.4 CSS will use reasonable endeavours to make the Site available at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
6.5 CSS shall use all reasonable endeavours to keep the Site secure, but you acknowledge that the Site may be subject to breaches of security and that CSS shall have no liability for any lost data or unavailability as a result of any attack or assault on its security or any attempt to disrupt the Site.
7. Storage Provider Content and Customer Content
7.1 Storage Providers and Customers agree that the Storage Providers Content and the Customer Content respectively shall not (a) breach the provisions of any law, statute or regulation including any data protection laws and/or regulations; (b) infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party; (c) be made in breach of any legal duty owed to any third party, such as a contractual duty or a duty of confidence; (d) be deliberately or knowingly false, inaccurate or misleading; (e) include any content which promotes fraudulent, obscene, pornographic, inappropriate or illegal activities; promotes violence or hatred; is or discriminatory of any group of people; is sexually explicit; or is obscene, offensive, hateful or inflammatory; (f) contain any virus; and/or (g) give rise to any cause of action against CSS.
- The Storage Provider grants to CSS a non-exclusive, royalty free, transferable licence to reproduce the Storage Provider Content in the Site.
- We may remove any Customer Content and/or Storage Provider Content at any time and without notice if we reasonably believe that such content infringes any of the provisions of these Terms.
8. LIABILTY: ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
8.1 You agree that CSS has no responsibility and/or liability for any errors or omissions in any content posted by a Storage Provider or a Customer. We accept no obligation to verify or review such content. Furthermore, we do not warrant that any Customer shall find a suitable Storage Provider, or that a Storage Provider shall be engaged to provide Storage Services by a Customer.
8.2 If you are a Storage Provider, CSS shall in no circumstances be liable to you in contract, tort (including negligence) or otherwise for any direct or indirect losses you may suffer as a result of use of the Site, including (a) loss of profit, anticipated profits or business; (b) loss of data; (c) loss of opportunity; (d) loss of revenue; (e) loss of goodwill or reputation; and/or (f) consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).
8.3 If you are a Customer:
(a) if there is a problem with the Site that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation up to £20 ($20 USD or €20 Euro or local currency equivalent) per device. However, we will not be liable for damage which you could have avoided by following our advice to download and install an update offered to you for free or for damage caused by you failing to correctly follow instructions about use or anything in the documentation on the Site;
(b) If there is a problem with the Storage Services, you can contact the Storage Provider or you can follow our dispute procedure in Condition 9; but please note, we have no liability for the actions of the Storage Provider.
(d) If a Customer books Storage Services on CitySpareSpace.com and experiences losses or damage to their stored items as a result of a natural disaster, break-in, or fire, then the customer may be entitled up to a £250 ($250 USD, €250 Euro, or local currency equivalent). CSS will investigate each claim seriously. CSS will determine if the Customer is eligible for reimbursement under the following conditions:
- Customer notifies CSS via email or phone call within 24 hours of their pickup time.
- The Customer has not had nor will have a successful claim paid from their travel insurance or the Storage Provider’s insurance policy for the affected items kept at the Storage Venue.
- Any items damaged or stolen that are on the Restricted Items list will not be reimbursed (see 4.3).
- The reimbursement applies to the depreciated value of items affected.
- Evidence for the ownership, value, and damage of the affected items must be provided to CSS.
- Customers will not qualify for guarantee payment if he or she knowingly provided false information or breached this agreement.
8.4 Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.
8.5 The Storage Provider shall indemnify and keep indemnify and held harmless CSS from and against any costs, claims, losses, damages, expenses and liabilities that CSS may suffer or incur arising as a result of any claim or allegation from a Customer or any third party relating to the acts or omission of the Storage Provider.
9. Disputes
9.1 If there is a dispute between a Customer and a Storage Provider, the parties shall work together acting reasonably to resolve the dispute subject to the provisions of the Storage Provider’s terms and conditions.
9.2 If you are unable to resolve the dispute, we shall review any dispute raised with reasonable skill and care and you agree to assist us to do so. You agree to comply with our decision relating to a dispute, including in relation to any refund due and payable.
10. Termination
10.1 We reserve the right to suspend or terminate the account of Customer or a Storage Provider at any time and without liability (a) if any information that you provide to us is not true, ceases to be true, or we cannot verify or authenticate any such information; (b) you are in breach of these Terms; (c) you are convicted of a criminal offence or act in any way that may bring CSS into disrepute; (d) after a six (6) months continuous period of inactivity; and/or (e) if we receive any complaints or a dispute is raised in relation to your activities on the Site.
10.2 If a Storage Provider requests direct payment from a Customer otherwise has a separate monetary arrangement with a Customer, then (a) the Storage Provider’s account will be immediately terminated; (b) the Storage Provider will be banned from the Site, and any other CSS network for an indefinite period; (c) the Storage Provider will not be paid any outstanding amount held by CSS; and (d) the Instructor shall have no right to use any CSS profile or refer to the CSS brand in any way whatsoever, including but not limited to CSS signage and stickers. The Storage Provider will also be subject to a £250 (or local currency equivalent $250 USD or €250 Euro) penalty for a breach of this agreement.
10.3 Following termination by us of your CSS account you must cease to use the Site and you must not re-register on the Site under any other name.
10.4 If you are a Customer, you may contact us at any time to terminate your CSS account, and provided there are no outstanding sums due or payable, we shall delete the account within 10 days of receipt of such a notice.
10.5 If you are a Storage Provider, you may only cancel your CSS account if there are no outstanding Storage Services to be provided; however, you may notify us at any time that you no longer wish to offer Storage Services on the Site. If you wish to cancel your CSS account and there are outstanding Storage Services to be provided, if you provide to us at least 1 week’s notice, we shall try to find a suitable alternative, but we do not promise that we will be able to do so. If we are unable to do so, you shall continue to be bound to provide the Storage Services.
11. General
11.1 Nothing in these Terms shall confer or purport to confer on any third party, including a Storage Provider, any benefit or the right to enforce any of these Terms under the Contracts (Rights of Third Parties) Act 1999.
11.2 The failure or delay of a party to exercise or enforce any right under these Terms shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any other time. Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies.
11.3 If any provision of these Terms is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties.
11.4 Any notice given under these Terms shall be in writing and shall be served by delivering the notice personally or by email to the latest address notified. Any such notice shall be deemed to have been received at the time of delivery.
11.5 These Terms shall be governed by and construed in accordance with English law and each party hereby irrevocably submits to the exclusive jurisdiction of the English courts.