T&C Baggage Storage
GENERAL TERMS AND CONDITIONS FOR LUGGAGE STORAGE SERVICE
1. Subject matter of the contract
These general terms and conditions govern the storage relationship established between the customer who deposits their luggage or personal effects (hereinafter, the “Depositor”) and the entity providing the left-luggage service (hereinafter, “SafeBag”), whereby SafeBag undertakes to store the deposited luggage and return it under the agreed conditions, in exchange for the applicable fee.
The contract is concluded at the moment the Depositor hands over the luggage and receives the storage receipt or ticket. The issuance of the ticket does not exempt the Depositor from being aware of these conditions, which shall be displayed prominently at the service point and made available in paper form upon the customer’s request.
2. Incorporation and acceptance of the conditions
In accordance with Law 7/1998 on General Contracting Conditions, the Depositor declares, by signing or electronically validating the storage ticket, that they have had a genuine opportunity to read these conditions before entering into the contract and that they expressly accept them. SafeBag shall display at its premises a highlighted summary of the essential aspects of the service — price, maximum storage period, liability limit for loss or damage — enabling the Depositor to understand the conditions of the service before formalising the deposit.
In the event of a discrepancy between a general condition clause and a particular condition agreed in writing with the customer, the latter shall prevail if it is more favourable to the consumer.
3. Price of the service
The price is determined based on the storage duration, the number and dimensions of the luggage items, and is displayed, inclusive of taxes, on the price list posted at the point of sale. The applicable price shall be the one in force at the time of contracting, and any subsequent changes to the tariffs shall not affect deposits already formalised. Payment for the service shall be made by the Depositor at the time of collection of the stored luggage.
4. Accepted luggage and items excluded from storage
Suitcases, backpacks and similar bags that comply with the weight and size limits displayed by SafeBag at the point of sale may be stored. The Depositor is responsible for ensuring that the contents of the luggage do not include items whose possession, transportation or storage is prohibited or restricted under airport security, customs or dangerous goods transport regulations, and in particular:
- Cash, securities, or negotiable financial instruments.
- Jewellery, works of art, antiques or items of special value, unless expressly declared in accordance with clause 7.
- Flammable, corrosive, toxic, explosive, radioactive materials or any other dangerous goods as defined under civil aviation regulations.
- Weapons, ammunition or replicas, and unauthorised sharp or bladed objects.
- Live animals, plants, perishable foodstuffs or other products whose introduction is prohibited within the territory of the European Union.
- Goods of unlawful origin or whose possession constitutes a criminal or administrative offence.
SafeBag may refuse to accept any item that fails to comply with the above. If, following acceptance, a security check reveals the presence of any such items, SafeBag shall notify the Depositor and the relevant security services or competent authorities where required by applicable regulations, and may retain the item in question solely for the time necessary for it to be removed by those authorities. Any reasonable and documented costs incurred as a result, if any, shall be borne by the Depositor; under no circumstances may a fixed penalty disproportionate to the actual cost of the procedure be imposed.
5. Security checks
The Depositor consents to the luggage being subject to private or public security checks required under airport regulations. Such checks shall not, under any circumstances, constitute handling of the contents for purposes other than security verification.
6. Storage period and consequences of expiry
The maximum storage period is ninety (90) calendar days from the date of deposit. Ten days before the expiry date, if SafeBag holds contact details provided by the Depositor, it will send a reminder notice.
Once the maximum period has elapsed without the luggage being collected, SafeBag shall formally notify the Depositor at the address or contact details provided, granting an additional period of thirty calendar days for collection. If, despite such notification, the luggage is not collected, it shall be deemed abandoned and SafeBag may proceed with its judicial or notarial consignment in accordance with applicable legislation, with the Depositor’s debt to SafeBag remaining outstanding.
7. Declaration of value and liability limits
By default, and unless otherwise declared, SafeBag is liable for up to a maximum of €200 per item in the event of loss, destruction or theft of stored luggage, based on the standard service price. This limitation is expressly and prominently communicated to the Depositor at the time of contracting, before the luggage is handed over.
These limits shall not apply, in accordance with Article 86 of the Consolidated Text of the General Law for the Defence of Consumers and Users, where the damage is attributable to wilful misconduct or gross negligence on the part of SafeBag, in which case full liability shall apply in accordance with the general rules of the Civil Code.
8. Exclusions of liability
SafeBag shall not be liable for damage or loss arising from force majeure, fortuitous events, acts of third parties outside its organisation, inherent defects or the nature of the deposited goods (such as deterioration of unauthorised perishable items), or actions taken by public or security authorities in relation to prohibited or restricted items pursuant to clause 4, provided that SafeBag has acted with due diligence. These exclusions shall be interpreted restrictively and shall not, under any circumstances, cover the exclusion of liability for breaches attributable to SafeBag itself.
Upon return of the deposited items, where no damage to them is present, SafeBag is released from its obligations as custodian and the contract shall be deemed terminated.
9. Deposit and collection of luggage
The storage receipt or ticket is the document proving ownership of the luggage and is required for collection. Said receipt shall be uniquely linked to the deposited item by means of the corresponding identification number.
Prior to depositing any item, the Depositor must provide the identification details requested. These details will be recorded in SafeBag’s system and associated with the deposited item, for the purpose of ensuring the correct identification of the luggage and its owner throughout the storage period, all in accordance with SafeBag’s Privacy Policy.
In the event of loss or theft of the ticket, the Depositor may collect their luggage by proving their identity and providing reasonable evidence of ownership (identity document, description of the luggage, date and time of deposit or other data recorded in the system), without this giving rise to unjustified refusal of delivery.
The Depositor is advised to check the condition and contents of the luggage at the time of collection and, if any irregularity is observed, to report it immediately to SafeBag staff.
However, failure to make an immediate claim does not extinguish the consumer’s right to claim within the statutory limitation periods, without prejudice to the fact that the promptness of the claim may be taken into account, alongside other evidence, for the purpose of establishing the causal link between the damage and the storage period.
10. Right of retention
If the Depositor owes outstanding and enforceable amounts relating to the service, SafeBag may retain the luggage until full payment is made, without prejudice to the maximum storage periods set out in clause 6.
11. Amendment of the general conditions
SafeBag may update these general conditions to reflect regulatory changes or service improvements. Any amendment shall apply only to storage contracts formalised after its entry into force, and not to deposits already established, which shall be governed by the conditions in force at the time of their conclusion.
12. Protection of personal data
Data controller: the identity and contact details of the data controller, together with those of the Data Protection Officer where applicable, are available at the customer service point and on SafeBag’s website (safe-bag.com/es/).
Purpose and legal basis: the Depositor’s identification and contact details are processed for the management and performance of the storage contract (Article 6(1)(b) of Regulation (EU) 2016/679); financial and billing data are also processed for compliance with legal obligations in commercial and tax matters (Article 6(1)(c)); and, only if the Depositor provides their express and separate consent, their contact details may be used for commercial communications about SafeBag’s services, in which case the legal basis shall be consent (Article 6(1)(a)).
Retention period: data linked to the storage contract shall be retained for the duration of the relationship and, thereafter, for the limitation periods applicable to any actions that may arise from the contract and those required by commercial and tax regulations.
Recipients: data may be disclosed to Public Administrations with competence in airport security, customs or tax matters where there is a legal obligation to do so, and to providers supplying services necessary for the performance of the contract, with whom SafeBag maintains the relevant data processing agreements.
International transfers: not envisaged, unless the Depositor is expressly informed of a specific transfer and the applicable safeguards in accordance with Articles 45 and 46 of Regulation (EU) 2016/679.
Rights: the Depositor may at any time exercise their rights of access, rectification, erasure, restriction, objection and portability, as well as withdraw their consent where processing is based on it, by contacting SafeBag through the communication channels published by SafeBag.
The Depositor also has the right to lodge a complaint with the Spanish Data Protection Agency (www.aepd.es).
Whistleblowing channel: SafeBag provides a communication channel, which may be used confidentially or anonymously, to report conduct contrary to applicable regulations committed by its staff or by third parties acting on its behalf.
13. Customer service and complaints
Any enquiries, incidents or complaints may be directed to the customer service representative whose contact details are listed on SafeBag’s website. SafeBag has complaints forms available to consumers in accordance with applicable consumer protection regulations.
14. Applicable law and dispute resolution
This contract is governed by Spanish law. For the resolution of any dispute, and without prejudice to the consumer’s right to bring proceedings before the courts corresponding to their own place of domicile, in accordance with Article 90(2) of the Consolidated Text of the General Law for the Defence of Consumers and Users and the Civil Procedure Act, the Depositor may also refer the matter to alternative consumer dispute resolution bodies (mediation, consumer arbitration) or to the European Online Dispute Resolution platform, where applicable.