Lockers Terms and Conditions

TERMS AND CONDITIONS OF SALE OF THE WESTFIELD STRATFORD CITY STORAGE SERVICE

These terms and conditions of sale (the “T&Cs”) are between Westfield (as defined further below in Section 1 and you (“the Customer”) as defined further below in Section 1 below. Together, jointly referred to as “the Parties”.

When you use a Locker, you, as a Customer, agree to read, accept and comply with these T&Cs.

Customers shall indicate their acceptance by ticking the box “I have read and accept the general terms and conditions of sale”.

Customers agree that Westfield retains under secure conditions the records of the said acceptances which may be produced as evidence.

The Legal Notices as well as the pricing terms and conditions available on the Website shall also apply to use of the Lockers which are arranged via the Website, between Westfield and Customers. No other terms or conditions from the Customer or third parties shall apply between the Parties, except where expressly agreed by Westfield.

Section 1 - Definitions
Westfield: Westfield Stratford City, which is owned by:
Stratford City Shopping Centre (No.2) Nominee A Limited (Company Number 06530663) and Stratford City Shopping Centre (No.2) Nominee B Limited (Company Number 06530613) acting as trustees for and on behalf of Stratford City Shopping Centre (No.1) Limited Partnership (Company Number LP012959) in each case whose registered office is at 4th Floor 1 Ariel Way London W12 7SL,
and is managed and operated by:

Westfield Europe Limited (company number 03912122), registered at 4th Floor, 1 Ariel Way, London, W12 7SL

Telephone: 0208 221 7359
E-mail address: e20feedback@urw.com
(altogether, “Westfield”)
Customer: means you, a natural person with legal capacity who has logged into the Luggage Storage Unit with his/her Loyalty program Westfield account (Customers can sign up to this loyalty programme via the Luggage Storage Unit), or your e-mail address or phone number for the purpose of using a Locker. Customers are consumers and therefore benefit from the provisions of the French Consumer Code exclusively reserved for consumers.

Centre: means the Westfield Stratford City shopping centre, Montfichet Road, London E20 1EJ.

Code: means the 4-digit password created by the Customer used to lock and unlock the Locker of the Luggage Storage Unit. Customers shall be required to confirm the Code before they can use the Locker.

Luggage Storage Unit or Locker: Luggage Storage Unit means a block of Lockers that can be locked and unlocked using a Code. The Luggage Storage Units are installed, in blocks of multiple Lockers, in the Centre. Their location is indicated on the Centre Website.

Service: means the Luggage Storage Service intended for Customers who can place certain personal items inside the Lockers for a limited period of time in return for payment.

Website: means the website of the Centre, which can be accessed at Westfield Stratford City E20 | Stratford shopping centre

Section 2 - Purpose
The purpose of these T&Cs is to determine the terms and conditions under which Customers may use a Luggage Storage Unit and the terms and conditions under which Westfield performs the Service.

These T&Cs therefore set out the rights and obligations of each of the Parties.

Section 3 - Access to the Services
The Services can only be accessed via the Locker screen after first:

- Scanning a Loyalty program card (physical or virtual card) or, failing this, entering the e-mail address linked to a loyalty program Westfield account,
- Or entering a telephone number and scanning the QR code received via SMS in order to log in,
- Or entering an email address and scanning the QR code received via email in order to log in,

Then creating and confirming the Code.

The information requested during the Luggage Storage Unit booking process is essential to process bookings.

Customers expressly acknowledge and agree that in entering this information, Westfield is permitted to use this information to identify the Customer.

To the extent permitted under relevant laws, Westfield shall not be liable for any loss caused by the fraudulent use of this information by any third party.

Section 4 - Conclusion of the Booking
4.1. Formation of the Sales Contract
A sales contract shall be validly formed when Customers, via the Locker screen, after logging in as detailed below:

● Have typed the number of the Locker that they wish to book and then clicked “next”;
● Have been able to add one or more Lockers, if they wish to do so, by clicking “add a locker” and typing the number(s) of the Locker that they wish to book;
● Have created and confirmed their Code;
● Have been able to verify, before confirming with a second click, the details, price of their booking and, where necessary, correct any errors; and
● Have been able to read and accept the T&Cs.

By clicking to complete the order, the Customer agrees that it will have an obligation to pay for the Locker Services.

When Customers confirm their order, they shall be required to immediately pay the price of a (minimum of a) 3-hour rental before they can use the Locker.

Where Customers do not return the Luggage Storage Unit at the end of the (minimum) 3-hour period, they shall be required to pay a surcharge calculated based on the number of additional hours of use when returning the Luggage Storage Unit.

Each additional portion of an hour shall be charged as a full hour and must be paid.

Prices are available on the Luggage Storage Unit or the Website.

4.2. Order Confirmation and Card Receipt
After the order, an SMS or email shall be sent to Customers to confirm their order and deliver a card receipt.

Westfield recommends that Customers retain this SMS or email.

4.3. Proof of the Transaction
Westfield retains computerised records of orders and payments under secure conditions.
Customers acknowledge and agree that archives of orders and invoices may therefore be produced as evidence of use of the Lockers or sales transactions.

4.4. Processing of the Order – Availability of Luggage Storage Units
Westfield shall use its best efforts to provide the Services but the Customer acknowledges that there is limited availability of Luggage Storage Units.

4.5. Pre-contractual Information Provided to Customers
Customers acknowledge and agree to having received, prior to the signing of any contract and any booking of a Luggage Storage Unit, in an understandable format, the present Terms and Conditions of Sale and all legal information, including information concerning:

● The essential characteristics of the Services;
● The price of the Services and any additional costs;
● The identity of the Vendor (Westfield), its postal, telephone and e-mail contact details;
● The corporate name of Westfield, the geographic address of its place of business and, where different, that of the registered office, its telephone number and e-mail address; and
● The payment terms and manner in which the Services shall be performed, as well as the procedures implemented by Westfield for handling complaints.

Section 5 - Pricing Terms and Conditions
5.1. Prices
The prices indicated on the Website and on the Luggage Storage Unit shall be those applicable on the date the sales contract is concluded.
The prices are per hour in pounds sterling and are inclusive of all taxes.
Customers pay based on the number of hours used and the size of the Locker(s) selected. However, Customers are given notice that each portion of an hour shall be charged as a full hour and must be paid.

In the event of obvious errors in the price displayed online, the sale may be cancelled without Customers being able to claim any damages.

5.2. Price Changes
Westfield may change its prices at any time. However, the changes shall not apply to any sales contracts already validly formed in line the conditions described in Section 4.

Section 6 - Payment and Payment Terms
Payment may only be made via bank card on the Luggage Storage Unit.

Customers agree that they have the permissions necessary to use the bank card used for payment.

Westfield reserves the right to suspend any order in the event of payment authorisation being refused or a dispute related to a previous payment.

Confirmation of the booking entails an obligation to pay for the full period of use of the Service by the Customer.

Where Customers exceed the (minimum) 3-hour rental period paid for at the time of their initial order, they shall be notified of the additional cost for use of the Service when returning the Luggage Storage Unit by logging in using the Code (in accordance with the conditions provided for in Section 7.2).

Section 7 – Performance of the Services
7.1. Start of Service - Provision of the Luggage Storage Unit
The effective start of the Service shall be when Customers enter the Code and pay for their order, which enables them to open the Locker and place their personal items
inside.
Customers should take care to ensure that the Locker is properly locked once they have placed their items inside.

From the effective start of the Service, the Locker shall be made available to Customers until they decide to return it under the conditions set down in Section 7.2.

Customers shall, in any event, be required to vacate the Locker within a maximum period of 12 hours, in accordance with the conditions defined in Section 7.3.


7.2. Return of the Luggage Storage Unit
The Service shall come to an end when:

● Customers click “return” on the screen of the Luggage Storage Unit and;
● Log in by entering their mobile number or scanning their Westfield loyalty card (physical or virtual card) or the QR code received in the SMS for logging in or the QR code received in the email for logging in and entering the Code in order to unlock the Locker; and
● Have paid any surcharge for exceeding the number of hours paid for at the time of their order.

These three steps must be completed in order to return a Locker.

Customers should be aware that they will continue to be charged for rental until they have entered the Code.

Where Customers have forgotten the Code, they may report this via the Luggage Storage Unit or Guest Services so that an e-mail or SMS with a new code can be sent to them.

Customers should take care to ensure that they remove all items present in the Locker.

Customers shall be solely responsible for removal of all personal items present in the Luggage Storage Unit.

Westfield shall not, under any circumstances, be liable in the event of items being forgotten.

7.3. Maximum Booking Period
Use of the Locker by Customers shall be limited to a maximum of 12 consecutive hours, from the start time of the order.

At the end of this period, an e-mail shall be sent to Customers informing them that they have a maximum of 24 hours to vacate the Locker.

At the end of this 24-hour period, the rental shall be automatically halted by Westfield and the Locker shall be opened by any member of the Guest Services team, and, subject to, and / or in accordance with Section 7.4 below, Guest Services shall remove and deposit the items present in the Locker in a designated space in the Guest Services office.

Westfield shall not be responsible for any forgotten objects in the Lockers that it recovers.

7.4 Removal and retention of uncollected items and / or prohibited items

If Customers fail to collect items from the Locker before the Westfield Centre closing time, those items will be removed and stored at the Guest Services office for a maximum of 5 days from the Locker storage date.

Customers must go to the Guest Services desk to collect the items within the 5 days. After this time, the uncollected items may be destroyed or discarded by Westfield with no further liability to the Customer.

Any uncollected items that are deemed (in the sole discretion of the Guest Services team) to be “Prohibited Items” shall not be returned to the Customer and shall, instead be confiscated or passed on to the police or other enforcement authorities.

For the purposes of this clause, “Prohibited Items” include but are not limited to any type of object that (in the sole discretion of the Guest Services team) is considered to be a weapon or a sharp object, any of kind of illegal substance, glass bottles, flammable liquids, animals or any other suspicious, dangerous or hazardous items.

Section 8 - Exclusion of the Right of Refund

Customers should be aware that they may not benefit from the right of withdrawal from the order in order to obtain a refund.

Section 9 - Relations Between the Parties
9.1 – After-Sales Service
After placing an order, Customers may, in the event of any questions, contact Westfield’s Guest Services team by email at E20feedback@urw.com or by telephone on 0208 221 7359.

9.2 - Westfield Obligations and Responsibilities

9.2.1. Obligations
Westfield shall use its best efforts to fulfil its obligations in relation to the Service.
Westfield may claim exemption from all or part of its liability by providing proof that the non-performance or improper performance of the Service is either due to the actions of the Customer, or to unforeseeable and unavoidable acts of third parties or events. Examples include bad weather, unexpected Centre closure or even police enforcement actions and requests (i.e. force majeure).

However, Westfield shall be automatically liable to Customers for the proper performance of the obligations arising from provision of the Services which, for the avoidance of doubt, is limited to the provision of secure connected Lockers.

9.2.2. Responsibilities
Customers are hereby informed that personal items are left in Lockers at their own risk and that Westfield shall not have any obligation to monitor items.

Westfield shall not be liable for any items that are stolen, forgotten or can no longer be found by Customers or where they are damaged, for any reason whatsoever, including due to the storage conditions inside the Lockers.

Westfield shall only be responsible for any fault caused directly by Westfield (i.e. from Westfield’s breach of its Service obligations) and any responsibility shall be limited to the direct losses caused to Customers. The Parties agree that Westfield shall not be responsible for any indirect losses suffered by Customers.

Westfield may only be liable to pay damages ordered by a final court judgment.

Westfield will make every effort to ensure that the Service is accessible during the opening hours of the Centre. However, Westfield shall not be responsible for any technical fault in the Luggage Storage Unit or any unavailability of Lockers.

9.3 - Customer Obligations - Responsibilities and Indemnification
9.3.1. Obligations
Customers agree to use the Service in accordance with the rules determined by Westfield and indicated on the Website, or by email or any other notice issued or made available in relation to the Lockers.
Customers agree, amongst other things, to lock the Locker when their items are inside and not to keep the Locker for more than 12 hours.

Customers agree to provide an active e-mail address or mobile number in order to be able to able to use the full Service.

Customers also undertake to provide their legal / real names.

Customers agree that they have been given notice that in the event that:

● they do not provide the correct e-mail address or mobile number, they will not receive, amongst other things, the e-mail or SMS confirming their order or the card receipt;
● they do not provide the correct and legal name, Westfield will not be able to issue them with a card receipt containing their name.

Customers agree to report any issues with the Service to Guest Services at the Centre or Westfield using the contact details set out in these T&Cs.

9.3.2. Customer Responsibilities and Reimbursement to Westfield
Customers agree that they will NOT store any valuable, illegal or dangerous items (including any Prohibited Items – see Section 7.4).
Customers agree and accept that items placed in Lockers may be inspected at any time by Guest Services and members of the Security teams in the Centre.

Customers are responsible for the items that they place inside Lockers.

Customers understand that items are placed in Lockers under their own responsibility (and are under their own custody).

Customers are responsible for their use of the Service. Customers therefore agree that they will use the Service in compliance with applicable laws.

Customers agree that they will reimburse Westfield for any claims or legal actions brought by third parties against Westfield connected with any misuse of the Service by Customers.

This reimbursement shall, amongst other things, cover any lawyers’ fees necessary to defend the interests of Westfield.

Section 10 - Prohibited Uses of Services
10.1. Customers shall NOT take any of the following actions when using the Services (note that this is not a complete list and may include other similar actions):
● using or attempting to use all or part of the Services without complying with applicable laws and regulations,
● diverting or attempting to divert all or part of the Services, or any other element to which Customers have access, for purposes other than those for which they are intended,
● attempting to carry out or carrying out any act, in any form whatsoever, of a fraudulent and/or unlawful nature, such as, for example, attempting to make or making, directly or indirectly, fraudulent and/or unlawful use of all or part of the Services or any other element to which Customers have access.
● attempting to carry out or carrying out any act, in any form whatsoever, regardless of the technology used, of a malicious nature or posing a risk for the operation and/or security of all or part of the Services, or any other element to which Customers have access,
● attempting to circumvent (avoid) or circumventing (avoiding) security and/or authentication measures of all or part of the Services, or any other element connected with all or part of the Services,
● attempting to access or accessing a Locker, space and/or data and/or programs, information, without being authorised to do so by Westfield.

10.2. Customers acknowledge that any non-compliance of the “Customer Obligations - Responsibilities and Reimbursement” and/or the “Prohibited Uses of Services” provisions may cause harm to Westfield.

Section 11 – Service Access Guarantee
Westfield shall use its best efforts to ensure the Service is accessible to Customers. However, Westfield reserves the right to shut access to the Centre and therefore to the Service for, amongst other reasons, security or maintenance reasons.

Westfield undertakes to use its best efforts to carry out maintenance outside peak hours.

Westfield will as much as possible, give advance notice of any disruption to access to the Service resulting from its own actions or of which it may be aware, via a banner on the Website or any notices at Guest Services or near to the Lockers.

Customers may not, in any event, claim any compensation from Westfield due to any such disruption to the Service.

Section 12 – Personal Data
Westfield, as the data controller, processes personal data.

Westfield processes personal data for the purpose of the sale of services defined in these T&Cs in accordance with the Data Protection Act 2018 and the UK GDPR.

Further information on how personal data is used, and data protection rights are explained in Westfield’s Privacy Notice, available at https://www.westfield.com/en-gb/privacy-notice.

Westfield’s data protection team can be contacted at dpo@urw.com.

Customers wishing to exercise their rights can do so by submitting a form at MyRights.

Customers are given the following information:

- The identity and contact details of the data controller and, where applicable, the representative of the data controller: Westfield (as defined in Section 1).

- The contact details of the Data Protection Officer: dpo@urw.com

- The legal basis of the processing: performance of the contract.

- The recipients or categories of recipient of personal data, where applicable: the data controller, the processor providing the Lockers and attached software, the management and entity responsible for security in the Centre, the police, as well as any other authority legally authorised to access the personal data concerned. Personal data are not transferred outside the EU.

- The data retention period: the duration of the reservation period and then the data is deleted.

- Data subjects have the right to request access, rectification, erasure or restriction of processing of personal data from the data controller, or the right to object to processing and the right to data portability.

- Data subjects have the right to lodge a complaint with the Information Commissioner’s Office.

- The information requested at the time of the order is necessary to prepare the card receipt (legal obligation) and provide the Lockers, without which the order cannot be placed. No automated decision-making or profiling is carried out via the order process.

Section 13 - Miscellaneous Provisions

Customers will be subject to the T&Cs in force at the time of their sales contract.

Where any of these T&Cs is deemed to be invalid, they shall not apply but the other T&Cs shall remain valid and applicable.

Any waiver of any rights under this T&Cs, regardless of frequency or duration, by any Party, shall not be interpreted as an amendment of the T&Cs and does not mean that that the relevant right cannot be enforced at another later time.

Section 14 - Settlement of Disputes
These T&Cs shall be subject to the laws of England and Wales and the courts of England and Wales shall settle any disputes which may arise in connection with these T&Cs.
In the event of a complaint or dispute which cannot be resolved between the Parties and as part of the usual complaints procedures, consumer Customers shall have the option of contacting the Citizens Advice Bureau consumer service or their local Trading Standards office.

If the Customer is a business, the English courts shall have exclusive jurisdiction.