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Last Updated: 30.10.2019
These Conditions apply to any person (“Customer”, “you”, “your”) who applies to book storage space and services (“Storage”) from any provider of Storage (“Host”) via the website available at https://stasher.com (“Website”) or on the Stasher - Luggage Storage mobile applications (“Apps”) which is operated by Citystasher Ltd whose details are in clause 1 below (“Stasher”, “we”, “us”, “our”) and are in addition to the terms of the Website Conditions, which also form part of and apply to these Conditions. Storage is provided by each Host under the Storage Agreement entered into between a Host and a Customer in accordance with clause 3 of these Conditions.
1.1 Citystasher Ltd is a company incorporated in England and Wales with its registered address at 25 Barge Walk, London SE10 0FN, company registration number 09787338, VAT registration number 277 4568 55, email: [email protected], tel: +44 203 355 3544. ICO register number: ZA403276.
1.2 Stasher makes available an online marketplace for Customers to find and book available Storage from Hosts.
1.3 Stasher does not itself act as a Host. Under the Host Conditions, each Host authorises us to act as the Host’s commercial agent to negotiate and conclude each Storage Agreement with the relevant Customer under clause 3 of these Conditions for the supply of Storage, only on the Host’s behalf. The geographical address and identity of Host will be specified in the relevant booking information (“Booking”) and the Storage Agreement. In this limited capacity, we are not a party to the Storage Agreement. We charge Hosts a commission for providing our services to them. We collect the Storage Fees due under the Storage Agreement on the Host’s behalf as the ‘merchant of record’ that you will see on your card or payment account statement, but we do not charge any fees to you.
2.1 Customers may book Storage via the Website or Apps at any time. Please check each Host’s opening hours via the Website or Apps prior to Booking. To book Storage through the Website or Apps, you must register to create a data account in accordance with the Website Conditions (“Stasher Customer Account”) by following the instructions on the Website or Apps.
2.2 Each Customer agrees to provide accurate, current and complete information during the registration process and to update that information as necessary to keep it accurate, current and complete. Stasher reserves the right to suspend or terminate your Stasher Customer Account and access to the Website if any information provided to us by you proves to be inaccurate or incomplete. You are responsible for safeguarding your password and agree that you will not disclose your password to any third party. You must immediately notify Stasher of any unauthorised your Stasher Customer Account by emailing [email protected]. You shall be solely responsible and liable for use of your Stasher Customer Account, whether or not you have authorised those actions, unless they occur after you have notified us of any unauthorised use.
2.3 When placing a Booking, each Customer will be asked to provide certain information, such as: i) dates and approximate times for dropping off and picking up items, ii) number of items and iii) any relevant notes to the order. In addition, each Customer will be asked to provide customary billing information, such as name, billing address and contact details. Each customer will also be asked to provide payment card information to a third party payment provider and each Customer’s payment card will be debited at the time of Booking. Once payment is confirmed, a Customer’s Booking transaction and payment is complete, and the Customer will receive an e-mail confirmation summarising his confirmed Booking. All payments by Customers to Stasher and by Stasher to Hosts will be processed through the Stripe online payment system, unless clearly stated otherwise. Payments made through Stripe will be subject to their automatic fraud checks. Please see www.stripe.com/radar for more information.
2.4 Customers are reminded that Storage must be booked through the Website or Apps. Hosts are not permitted to accept cash payment in store and Customers must not attempt to pay for Storage in cash or otherwise outside the Website or Apps. Doing so breaches these terms and conditions and as a result invalidates the insurance that the Customer would otherwise benefit from, see Condition 6 “Insurance” below.
2.5 The fees for each transaction are displayed in the pricing section of the Website or Apps and are stated inclusive of VAT. Fees are charged on a time of Storage basis, so if a Customer fails to comply with his stated Storage and collection times, additional charges may be debited to his payment card.
3.1 The Website or Apps provides the opening times of each Host, and you are responsible for checking that these suit your Booking plans. By making a Booking and paying for Storage through the Website or Apps, you enter into a contract with the Host who provides that Storage on the standard terms and conditions displayed to you during the Booking process (and available here) which also form part of these Conditions (“Storage Agreement”). Stasher is not a party to the Storage Agreement.
3.2 Each Customer will comply with the security arrangements specified or referred to by the Host in the Storage Agreement, including the provision of proof of Booking and proof of identity, inspection of the luggage stored, sealing of bags and/or photographing the luggage to record condition. Unless otherwise specifically agreed in the Storage Agreement, only the Customer which deposits an item may collect that item.
3.3 Each Customer is responsible for any injury or damage to the Host, its property or any third parties caused by the items stored or by any negligent act or omission of the Customer. Each Host is responsible for any damage to, or loss or theft of, items stored with that Host unless the damage is caused by factors beyond the control of the Host.
3.4 If a Host alters its opening hours (either generally or on a particular day) and this will affect an existing Booking by you, the Host must inform Stasher by email to [email protected] as a matter of urgency. Where a Host is not open to receive or deliver on a confirmed Booking, we will refund the Storage Fee paid by you and/or, where practicable and with your consent, to arrange a Booking and Storage Agreement with an alternative Host.
3.5 If you fail to collect your luggage at the time stated in the Storage Agreement, the Host must inform us. We will attempt to reach you and arrange for you to collect your luggage at a new time. Failing this, we will arrange for the collection of your luggage from the Host and delivery of your luggage to you, at your expense. If we are unable to contact you, or you fail to arrange collection and delivery, we will arrange to collect your luggage and dispose of it without further responsibility or liability to you or the Host.
YOU AGREE THAT YOU WILL NOT STORE OR MAKE A BOOKING TO STORE ANY OF THE FOLLOWING ITEMS:
The Host may remove and dispose of any item stored that breaches this Condition without notice to the Customer and without any responsibility to the Customer. The Host may also report to any relevant authority any illegal or suspected illegal activities of the Customer or any hazardous item stored.
5.1 Subject to Clause 5.2 the Customer may cancel a Booking and this Storage Agreement at any time after the Booking is made prior to the drop off time agreed in the Storage Agreement (Cancellation Period) without giving any reason and free of charge or other liability, by doing so online on their account, or by giving written notice to [email protected], or by speaking to a member of the Stasher team and making a clear statement that you have decided to cancel the contract.
5.2 The Host will not supply the Storage within the Cancellation Period, unless expressly requested by the Customer. The Storage shall be fully performed when the Stored Items are placed in the Storage Space, at which time the Customer ceases to have the right to cancel the Storage Agreement.
5.3 If a Host is unable to fulfil a Booking, the Stasher team will notify the Customer and provide a refund or, if the Customer requests, arrange Storage with an alternative Host in accordance with these Conditions (and the new Storage Agreement between the Customer and the alternative Host).
6.1 We recommend that you lock your luggage or bag(s) in the course of Storage, especially when it contains any valuable items. In addition, Stasher has arranged at its own cost an insurance policy to cover the theft, loss or damage]each Customer’s luggage as a whole (not each of the items in the luggage), up to a value of: £1,000 in the United Kingdom (€1,000 or local currency equivalent in the each other country in the European Economic Area; USD1,000 in the USA; CAD1,000 in Canada; AUD1,000 in Australia), when the luggage is stored with a Host under a Storage Agreement. Further details of the insurance is at https://stasher.com/insurance. The insurance is provided to Stasher by Insurance Tailors Limited, trading as GUARDHOG and underwritten by Hiscox Limited, a global insurer with an A+ rating by Fitch. Insurance Tailors Limited is a company incorporated in England and Wales (company number 5928330) with its registered office at 1a May Road, London, TW2 6QW. Insurance Tailors Ltd is authorised and regulated by the Financial Conduct Authority (Reference number: 475691).
6.2 If your luggage is damaged or stolen in the course of Storage with a Host under a Storage Agreement (and you are not in breach of the provisions of the Storage Agreement) and that theft or damage is directly caused by the act or omission of the Host , then the Customer will be able to make claim on Stasher’s GUARDHOG insurance policy (“Claim”).
6.3 As soon as you become aware of the potential for a Claim, you must contact us by following the instructions at https://stasher.com/insurance.
6.4 Please note that the amount you, the Customer, receive in the event of a Claim may be subject to deduction of an excess not exceeding £150 and is subject to other limitations and exclusions in the insurance policy where stated at https://stasher.com/insurance.
6.5 Stasher recommends that you also check your own travel insurance and/or contents insurance policies, which may cover you for the theft, loss or damage to your personal property even when stored elsewhere, particularly if the relevant insurer has been notified appropriately in accordance with the relevant policy.
6.6 Each Host’s liability for any loss or theft of, or damage to, any Stored Item(s) stored with that Host shall be limited to the value of: £1,000 in the United Kingdom; €1,000 or local currency equivalent if the Host is based in any other country in the European Economic Area; USD1,000 in the USA; CAD1,000 in Canada; and AUD1,000 in Australia.
In addition to the liability provisions in the Website Conditions, each Storage Agreement and the exclusion of liability in clauses 3.5 and 6.6 of these Conditions:
7.1 We shall only be liable for loss or damage you suffer directly from: any breach of these Conditions by us, or if we act negligently or fraudulently;
7.2 We shall not be liable for any loss or damage suffered by you under or in connection with a Storage Agreement or the acts or omissions of any Host;
7.3 If you are outside the UK and want to use the Website or Apps, we shall not be liable to you if the Website does not comply with any local laws;
7.4 You shall only be liable to us for loss or damage we suffer directly from: any breach of these Conditions by you, or if you act negligently or fraudulently.
Nothing in these Conditions has the object or effect of excluding or limiting our liability in the event of the death of or personal injury to you resulting from our act or omission.
Last Updated: 30.10.2019
These Conditions apply to any person (“Customer”, “you”, “your”) who applies to book storage space and services (“Storage”) from any provider of Storage (“Host”) via the website available at https://stasher.com (“Website”) or on the Stasher - Luggage Storage mobile applications (“Apps”) which are operated by Citystasher Ltd whose details are in clause 1 below (“Stasher”, “we”, “us”, “our”) under the terms of the Website Conditions, which also form part of and apply to these Conditions. Storage is provided by each Host under the Storage Agreement entered into between a Host and a Customer in accordance with clause 3 of the Customer Conditions, which also form part of these Conditions.
1.1 Citystasher Ltd is a company incorporated in England and Wales with its registered address at 25 Barge Walk, London SE10 0FN, company registration number 09787338, VAT registration number 277 4568 55, email: [email protected], tel: +44 203 355 3544. ICO register number: ZA403276.
1.2 Stasher makes available an online marketplace for Customers to find and book available Storage from Hosts. Stasher does not itself act as a Host.
1.3 As a Host, you hereby authorise us to act as your commercial agent to negotiate and conclude a Storage Agreement with each Customer under clause 3 of the Customer Conditions only on your behalf for the supply of Storage offered by you to them. In this limited capacity, we are not a party to the Storage Agreement. Your geographical address and identity as Host will be specified in the relevant booking with each Customer for the supply of Storage (“Booking”) and the Storage Agreement. You agree that we may deduct from the Storage Fees paid by Customers the amount of Commission payable by you to us for providing our Service to you. Each Customers’ obligation to pay the Storage Fees is satisfied when we take payment of the Storage Fees from them as ‘merchant of record’ that the Customer will see on the Customer’s card or payment account statement. We do not charge Customers any fees to cover our services.
2.1 Stasher creates a listing for each Host using information provided by that Host (“Listing”). In order to be featured on this Website or Apps, the space to be used for Storage (“Storage Space”) must have a valid physical address.
2.2 Each Host represents and warrants that its Listing and the Booking of, or a Customer’s use of, his Storage Space: (i) will not breach any agreements he has entered into with any third parties; (ii) will be in compliance with all laws and regulations (including tax laws and regulations) that may apply to the Host; and (iii) will not conflict with the rights of third parties. Stasher assumes no responsibility for a Host’s compliance with any applicable laws and regulations. It is a Host’s responsibility to investigate the legality of supplying Storage to Customers under the terms of a Storage Agreement.
2.3 Each Storage Agreement is entered into by each Host when a Customer books and pays for Storage via the Website or Apps under clause 3 of the Customer Conditions. Stasher is not a party to the Storage Agreement.
2.4 The Host must return the stored items to the Customer in the same condition in which they were stored at the time and on the date stated in the Booking.
2.5 Each Host must ensure that its Listing does not breach or invalidate any applicable mortgage, insurance or other agreement or policy. Each Host should check the terms of any such agreement or policy before advertising the availability of their Storage. Each Host must also be legally permitted to advertise the Storage on the Website or Apps.
2.6 Stasher is responsible for providing Customer support and all Hosts are encouraged to direct Customer enquiries to Stasher, if the Host is not equipped to deal with the Customer’s enquiry directly.
2.7 Stasher may offer Hosts the opportunity to post their own advertisements for additional services on Stasher’s then current standard terms and rates for advertising space.
3.1 Each Host acknowledges and agrees that: (i) it is responsible for any and all information in its Listing on the Website or Apps, including notifying Stasher if its opening hours or any other relevant information changes; (ii) it is required to provide correct bank account information in order to receive payment of Storage Fees from Stasher and that it will promptly notify Stasher should the account information provided change; (iii) it will not participate in any third party service or Website or Apps that offers the same or substantially the same service as Stasher, without Stasher’s prior written approval which may be granted subject to conditions; (iv) it will not agree a Storage transaction with any person introduced to it by Stasher other than through this Website; (v) it will only accept payment for Storage in the form of Storage Fees paid to it by Stasher net of Commission.
3.2 If a Host breaches clause 3.1(iii), without prejudice to any other rights or remedies it may have, Stasher may (i) agree a revised Commission with the Host at a lower tier, and/or (ii) require the refund of £1,000 of Commission paid or payable by Stasher to the Host.
3.2 When placing a Booking, each Customer will be asked to provide certain information, such as: (i) name, (ii) dates and approximate times for dropping off and picking up items, (iii) number of items and (iv) any relevant notes to the order. This information will be passed by Stasher onto the Host under the terms of the addendum to these Conditions relating to the processing of personal data (“Data Protection Addendum”).
4.1 It is the responsibility of each Host to follow the safety checklist set out in the Annex to these Conditions, as amended by Stasher from time to time (“Safety Checklist”) when a Customer arrives with a Booking. This includes checking for proof of Booking and proof of the Customer’s identity as the Customer specified in the relevant Storage Agreement. Potential Customers who arrive without a Booking must be directed to the Stasher Website or Apps, or directed to call +44 203 355 3544 to place a Booking and agree a Storage Agreement over the phone. Each Host has the right to require additional security measures, such as inspection of the luggage stored, labelling bags with the luggage tags provided by Stasher and/or photographing the luggage to record its condition at the time of Storage.
4.2 Each Host will use reasonable efforts to protect and maintain the security of the items stored in its Storage Space and ensure they remain undisturbed. Hosts must use the Storage Space approved in advance by Stasher for the supply of secure Storage.
4.3 If a Customer fails to pick up its item at the time stated in its Booking, the Host must inform Stasher. Stasher will attempt to reach the Customer and arrange for it to pick up the item at a new time. Failing this, Stasher will arrange for collection of the item from the Host and delivery of the item to the Customer, at the Customer’s expense. If the Customer cannot be contacted or fails to arrange collection and delivery, Stasher will arrange to pick up the item and dispose of it without further responsibility or liability to the Customer or the Host.
4.4 If a Host alters its opening hours (either generally or on a particular day) and this will affect an existing Booking, the Host must inform Stasher by email to [email protected] as a matter of urgency. Where a Host is not open, or otherwise fails to receive or supply the Storage under any Storage Agreement with that Host (a “defaulting Host”), Stasher’s policy is to refund the Booking fee paid by the Customer and/or, where practicable and with the Customer’s consent, to arrange a Booking with an alternative Host for the Customer. In these cases, the defaulting Host will not be entitled to receive any Storage Fee on the Booking and, if the Storage Fee has already been paid by Stasher to the defaulting Host it will be liable to Stasher for an amount equivalent to the Storage Fee due from Stasher to the alternative Host, which we may set-off against, and deduct from, the next Storage Fee payable by Stasher to the defaulting Host.
4.5 Each Customer agrees not to store any of the prohibited items identified in Customer Condition 4 ‘Prohibited Items’. If a Host reasonably suspects a breach of Customer Condition 4, the Host has the right to remove and dispose of the items stored without notice to the Customer and without responsibility to the Customer. The Host may also report to any relevant authority any illegal or suspected illegal activities of the Customer or any hazardous item stored. The Host must inform Stasher immediately it becomes aware of a breach or a suspected breach of Customer Condition 4. By making a Booking on this Website or Apps, the Customer has also agreed to release and indemnify the Host from and against any and all liability relating to the Host’s removal and/or disposal of stored property, or the Customer’s breach of Customer Condition 4.
4.6 Each Host is responsible for any damage to, or loss or theft of, items stored with that Host unless the damage is caused by factors beyond the control of the Host. Each Customer is responsible for any injury or damage to the Host, its property or any third parties caused by the items stored or by any negligent act or omission of the Customer. As an intermediary service provider, Stasher will not be responsible in either case stated above and each Customer and Host releases Stasher from any liability to it.
5. Fees and Payment
5.1 Customers must pay to Stasher (acting as merchant of record on behalf of the Host) a fee specified to the Customer as applicable to the Storage to be supplied by the Host (“Storage Fee”) inclusive of any applicable VAT when making a Booking on the Website or Apps.
5.2 The rate of the Storage Fee that applies to each Booking, and which Stasher collects on behalf of the Host and pays to the Host, net of Commission (inclusive of VAT)) shall be as agreed from time to time between each Host and Stasher.
5.3 The rate of Commission payable by the Host shall be agreed by the Host in writing with us prior to approval to create a Listing (as amended from time to time in writing).
5.4 On receipt of the proceeds of the amount of the Storage Fee, Stasher deducts its Commission and then pays the net Storage Fee to the Host by bank transfer to the account information specified by the Host monthly in arrears on or about the 10th day of the month after the month in which the relevant Storage was supplied.
5.5 Within the scope of the agency arrangement referred to in clause 1, Stasher has complete discretion to offer promotional discounts on Storage Fees to any Customer’s Booking as it sees fit.
Each Host understands and agrees that it is solely responsible for determining its applicable tax (including but not limited to value added tax) accounting and reporting requirements in consultation with its tax advisers, if considered appropriate. Stasher cannot and does not offer tax-related advice to any Host.
Each Host is responsible for obtaining and maintaining its own insurance in relation to the Storage it supplies, including but not limited to:
7.1 checking each of its relevant insurance policies to determine whether damage to its property caused by third party property being stored as part of its Storage service is covered and ensure that it notifies all relevant insurers and other relevant third parties appropriately;
7.2 ensuring that all other relevant insurance policies (such as its own contents and public liability policies) cover it for any damage emanating from goods stored in accordance with these Conditions and each Storage Agreement.
If a Host has any questions about its insurance policy and how it relates to this service, Stasher can put the Host in contact with Insurance Tailors Limited, trading as “Guardhog”, who may offer a free consultation. Insurance Tailors Limited, a company incorporated in England and Wales (registration number 5928330), with its registered office at 1a May Road, London, TW2 6QW. Insurance Tailors Ltd is authorised and regulated by the Financial Conduct Authority.
Stasher is a digital platform that connects stores and hotels with spare space to persons requiring left luggage services. The checklist below is designed to significantly enhance the security, both of your premises and customers’ luggage.
You should take the following steps when luggage is deposited:
You should take the following steps when luggage is collected:
You and your staff should uphold the Stasher values. These are 1) to offer a secure service, 2) to be reliable, and 3) to be friendly and helpful. We want you to give the customer complete confidence in using the Stasher platform and encourage them to use it again.
We manage the website and take care of marketing, administration and customer support. Your responsibilities only concern bag storage. When a Booking is made over the website, you will receive an email confirming this. Most communication between us and you is by email, so please check it regularly! All Bookings are paid for online over the website. We pay our Hosts their commission at the end of every month. It is your duty to make sure all staff members are informed about Stasher so that they are able to help with the process.
Direct the customer to https://stasher.com to place a Booking – if the customer cannot access mobile internet and it is possible to help them book in store, then we encourage this. You should not accept payment in cash and should not accept unbooked luggage. Doing so exposes you to liability as you will not be covered in the event of an incident. Accepting unbooked luggage also violates this code and the Conditions and if you do this you will be removed from the Stasher platform.
If there are any issues, please contact Stasher directly on +44 20 3355 3544.
You can reach Jacob at 07881453843 and Anthony at 07789605443.
1.1 Capitalised terms used in this Schedule that are not otherwise defined in the agreement of which this Schedule forms part (“Agreement”), or where they first appear in this Schedule, shall have the following meanings:
Agreed Purposes: the purposes specified in Schedule A1;
Controller, Processor, Data Subject, Personal Data, Personal Data Breach, Data Protection Officer take the meaning given in the GDPR to the terms (as the case may be) controller, processor, data subject, personal data, personal data breach, data protection officer;
Data Loss Event: any event that results, or may result, in:
(a) unauthorised or unlawful processing access to or processing of;
(b) accidental loss or destruction of, or damage to,
Personal Data provided to or held by the a party under the Agreement, including any Personal Data Breach;
Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or such national implementing laws and regulations;
Data Subject Rights Request: a request made by, or on behalf of, a Data Subject in accordance with rights granted pursuant to the Data Protection Legislation to access their Personal Data;
GDPR: the General Data Protection Regulation (Regulation (EU) 2016/679);
Party: a party to the Agreement;
Permitted Recipients: The parties to the Agreement, the employees of each party, any third parties engaged to perform obligations in connection with this Schedule, and any other Permitted Recipients specified in Schedule A1;
Protective Measures: appropriate technical and organisational measures for the security of processing to protect against a Data Loss Event appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate: pseudonymising and encrypting Personal Data; ensuring confidentiality, integrity, availability and resilience of systems and services; ensuring that availability of, and access to, Personal Data can be restored in a timely manner after an incident; and regularly testing, assessing and evaluating the effectiveness of such measures);
Shared Personal Data: the personal data to be shared between the parties under clause 2.1 of this Schedule. Shared Personal Data shall be confined to the categories of information relevant to the categories of Data Subject specified in Schedule A1.
2. Roles of the Parties
2.1 This Schedule sets out the framework for the sharing of personal data between the parties as Controllers. Each party acknowledges that one party (“the Data Discloser”) will regularly disclose to the other party (“the Data Recipient”) Shared Personal Data collected by the Data Discloser for the Agreed Purposes.
2.2 Each party shall comply with all the obligations imposed on a Controller under the Data Protection Legislation, and any material breach of the Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate the Agreement with immediate effect.
3. Obligations Related to Data Sharing
3.1 Each party shall:
(a) ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;
(b) give full information to any Data Subject whose personal data may be processed under this Schedule of the nature such processing. This includes giving notice that, on the termination of the Agreement, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;
(c) process the Shared Personal Data only for the Agreed Purposes;
(d) not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
(e) ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this agreement;
(f) ensure that it has Protective Measures in place.
(g) not transfer any personal data received from the Data Discloser outside the EEA unless the transferor:
(i) complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint Controller); and
(ii) ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
3.2. Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation. In particular, each party shall:
(a) consult with the other party about any notices given to Data Subjects in relation to the Shared Personal Data;
(b) promptly inform the other party about the receipt of any Data Subject Rights Request;
(c) provide the other party with reasonable assistance in complying with any Data Subject Rights Request;
(d) not disclose or release any Shared Personal Data in response to a Data Subject Rights Request without first consulting the other party wherever possible;
(e) assist the other party, at the cost of the other party, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(f) notify the other party without undue delay on becoming aware of any breach of the Data Protection Legislation;
(g) at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on termination of this agreement unless required by law to store the personal data;
(h) use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;
(i) maintain complete and accurate records and information to demonstrate its compliance with this clause 3.2 and allow for audits by the other party or the other party’s designated auditor; and
(j) provide the other party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation, including the joint training of relevant staff, the procedures to be followed in the event of a data security breach, and the regular review of the parties’ compliance with the Data Protection Legislation.
Schedule A1 - Processing, Personal Data and Data Subjects
Subject matter of the processing
Personal data concerning Customers in relation to Storage offered under the terms of the Stasher Host Terms and Conditions to which this Schedule is attached.
Duration of the processing
We will hold your personal information on our system for as long as is necessary for the service you have requested or for the length of time set out in any contract between us.
Nature and Agreed Purposes of the processing
We collect information about you for a number of reasons.
So that we can take steps to enter into a contract with you and provide services to you once that contract is in place, we collect personal information to:
We also collect personal information to comply with our legal obligations, for example to comply with anti-money laundering and counter-terrorist financing requirements.
So that we can make sure we give a high quality service, we collect personal information to:
If you agree, we will contact you to let you know about other products or services that may be of interest to you—see 'Marketing’ section below;
If we propose to use your information for any other uses we will ensure that we notify you first. If we need your consent to use your information for these other purposes, we will give you the opportunity to opt in or to refuse. If you opt in, you will be able to opt out at any time.
Type of Personal Data
We collect the following personal information about you when you create an account or create a Booking via our website or apps:
Categories of Data Subject
Permitted Recipients (in addition to those specified in Schedule A)
We may disclose your personal data to:
Personal data transfers
INTRODUCTION These Conditions govern access to and use of the website available at https://stasher.com (“Website”) operated by Citystasher Ltd CityStasher Ltd. of 25 Barge Walk, London, SE10 0FN, registered number 09787338 (“Stasher”, “we”, “us”, “our”). Each person using this Website (each, a “User”) acknowledges and agrees that, by accessing or using this Website, or by downloading or posting any Content from or on this Website, it is indicating that it has read, and that it understands and agrees to be bound by, these Conditions, whether or not it has registered with this Website. If any User does not agree to these Conditions, then it has no right to access or use this Website. If any User accepts or agrees to these Conditions on behalf of a company or other legal entity, it represents and warrants that it has the authority to bind that company or other legal entity to these Conditions and, in that event, “User” will also refer and apply to that company or other legal entity, and its successors and assigns. EACH USER SHOULD READ THESE CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND INCLUDE CERTAIN LIMITATIONS AND EXCLUSIONS. Stasher makes available a technological marketplace for persons who have available space (Hosts) and persons who require space (Customers) to arrange online for the use of the available space for storage purposes. Stasher is not an owner or lessor of any space and does not own, lease, manage or sell any space. Any unauthorised or improper use of this website (this Website) or violation of these Conditions by any User may result in that User being banned from this Website and may subject that User to civil liability and/or criminal penalties.
In these Conditions, capitalised terms have special meanings. These are set out below in alphabetical order:
App means all mobile and web applications and other related software developed and owned by Stasher;
Collective Content means User Content and Stasher Content;
Conditions means these Conditions and/or the customer terms and conditions and/or the Host terms and conditions included elsewhere on this Website;
Content means text, graphics, images, software, audio, video, information or other materials;
Customer means the person wishing to store an Item and Store, Storage Space and Storing mean the act of temporarily using a Host’s Storage Space in accordance with these Conditions;
Host means the person offering Storage Space in accordance with these Conditions;
Listing means any listing of a Host’s details on this Website that is designed to result in Storage Space being made available by a Host to a Customer;
Stasher Content means all Content that Stasher makes available through this Website, including any Content licensed from a third party, but not including any User Content;
Stasher Customer Account means an account created by a User (who thereby becomes a Customer) through registration on this Website as described in Condition 13 (“Creation of a Stasher Customer Account”) below;
Stored Item means the item(s) of property of the Customer that to be Storage Space;
Storage Space means the space offered by a Host via a Listing;
User Content means all Content that a Host posts, uploads, publishes, submits or transmits to be made available through this Website and includes, in the case of each Host, his Listing and, in the case of each Customer, any review posted by that Customer.
This Website can be used by Hosts to facilitate the Listing Bookingof Storage Space under the <Stasher Host Terms and Conditions> and by Customers to make bookings of Storage Space under the <Stasher Customer Terms and Conditions> (“Booking”). Storage Spaces are included in Listings on this Website. Users may view Listings as an unregistered visitor to this Website. However, if you wish to book a Storage Space, you must first become register to create a Stasher Customer Account. This Website is intended solely for persons who are 18 or older. Any access to or use of this Website by anyone under 18 is expressly prohibited. By accessing or using this Website each User represents and warrants that he is 18 or older.
EACH USER AGREES THAT HE IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS (INCLUDING THOSE RELATING TO TAX) THAT MAY APPLY TO HIS USE OF THIS SITE. In connection with his use of this Website, each User may not and agrees that he will not:
4.1 As between Stasher and each Host or User, these Conditions shall commence on the date when you register with us and end at the later of the expiry of the last Storage Agreement made under it, unless terminated earlier by Stasher (Term).
4.2 Subject to Clause 4.3, a Host or User may cancel these Conditions at any time after the they commence until the end of 14 days after that day (Cancellation Period) without giving any reason and free of charge or other liability, by giving written notice to [email protected], or by speaking to a member of the Stasher team and make a clear statement that you have decided to cancel these Conditions.
4.3 Stasher will allow a Host to make a Listing or a User to make a Booking within the Cancellation Period, if expressly requested by that Host or User, at which time that Host or User ceases to have the right to cancel these Conditions.
4.4 Stasher may, in its discretion and without liability to any User, with or without cause and with or without prior notice, at any time: (a) terminate these Conditions or any User’s access to this Website, (b) deactivate or cancel any Customer’s Stasher Customer Account and (c) deactivate or cancel any Host’s Listing. Upon termination, Stasher will promptly pay the affected User any amounts that it reasonably determines that it is legally obliged to pay the affected User. In the event that Stasher terminates these Conditions, or any User’s access to this Website or deactivates or cancels any Stasher Customer Account or Listing, each affected User will remain liable for all amounts due to Stasher under these Conditions.
4.5 If a Stasher Customer Account or Listing is deleted, Stasher has no obligation to delete or return to the affected Host any Content he has posted or caused to be posted to this Website, including, but not limited to, any reviews or other feedback. The affected Host’s personal information (including name, phone number, address, email, profile picture) will be deleted permanently and cannot be recovered.
Stasher reserves the right, in its sole discretion, to modify this Website (including modifying the Conditions), at any time . If Stasher modifies the Conditions, it will post the modification on this Website or otherwise provide Hosts with notice of the modification. Stasher will also update the “Last Updated Date” at the top of the Conditions. By continuing to access or use this Website after Stasher has posted a modification on this Website, each User agrees to be bound by the modified Conditions. If the modified Conditions are not acceptable to any User, that User’s only recourse is to cease using this Website before the changes take effect.
ANY PERSON USING THIS SITE DOES SO AT HIS OWN RISK. Each User agrees that Stasher does not have an obligation to conduct background checks on any Host but may conduct such background checks in its sole discretion. This Website and all Content are provided on an “as is” and “as available” basis, without warranty of any kind, either express or implied, to the extent permitted by applicable law, including the Consumer Rights Act 2015 (“Applicable Law”). Without limiting the above or affecting any of your statutory consumer rights, Stasher disclaims any warranties of merchantability, fitness for a particular purpose or otherwise as well as any implied warranties arising out of any course of dealing or customary trade practice. Stasher makes no warranty that this Website or any Content, including, but not limited to, Listings or any Storage Space, will meet any User’s requirements or be available on an uninterrupted, secure or error- or virus-free basis. Stasher makes no warranty regarding the quality of any Listings, Storage Space or other Content or the accuracy, timeliness, completeness or reliability of any Content obtained through this Website. Subject to Applicable Law, no advice or information, whether oral or written, obtained from Stasher or through this Website or any Content, will create any warranty by Stasher that is not expressly made in these Conditions. Each User is solely responsible for all of his communications and interactions with other users of this Website and with other persons with whom he communicates or interacts as a result of his use of this Website, including, but not limited to, any Hosts or Customers. Each User understands that Stasher does not make any attempt to verify the Content of Users or to review or visit any Storage Space on an ongoing basis. Stasher makes no representations or warranties as to the conduct of Users or their compatibility with any current or future Users. Each User agrees to take reasonable precautions in all communications and interactions with other Users and with other persons with whom he communicates or interacts as a result of his use of this Website, including, but not limited to, Hosts and Customers, particularly if any Users decide to meet offline or in person regardless of whether such meetings are organised or sanctioned by Stasher. Stasher disclaims all liability, of any kind or nature, for any act or omission of any User or other third party. Each User agrees that Stasher is not a party to any agreement entered into between a Host and a Customer, nor is Stasher an estate agent or an insurer. Stasher has no control over the conduct of Hosts, Customers and other Users, and disclaims any and all liability arising as a result of the conduct of Hosts, Customers and other Users.
Each User agrees that, to the maximum extent permitted by law, the entire risk arising out of his access to and use of this Website, his Listing or Booking of any Storage Space through this Website, and any contact he has with other Users whether in person or online remains with him. Save as required by law, and then only to the extent required by law, Stasher will not be liable to any User for any loss (including consequential loss or loss of profit) arising out of or in connection with (i) that User’s use of or inability to use this Website, (ii) any communications, interactions or meetings by that User with other Users or other persons with whom that User communicates or interacts as a result of his use of this Website and (iii) that User’s breach of these Conditions. This is the case whether the alleged loss is based on warranty, contract, tort (including negligence), product liability or otherwise, and whether or not Stasher has been informed of the possibility of the loss. By using this Website, each User (in this paragraph, the relevant User) agrees that any legal remedy or liability that he seeks to obtain for actions or omissions of other Users or third parties will be limited to a claim against the particular User or third party that caused harm to the relevant User and that the relevant User will not attempt to impose liability on, or seek any legal remedy from, Stasher with respect to those actions or omissions.
Each User agrees to release, defend, indemnify and hold Stasher and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) that User’s access to or use of this Website or his breach of any of these Conditions; (b) that User’s User Content; (c) any injury occurring to any person or property as a result of the use, occupancy, travel to or from, or the entry or exit from, any Storage Space by that User; and (d) that User’s (i) interaction with any other User, (ii) Booking of a Storage, (iii) Listing or (iv) the use or condition of a Storage Space by that User, including, but not limited to, any injuries, losses or damages of any kind arising in connection with or as a result of Booking or use of a Storage Space.
No User may copy, download, transmit, reproduce or create derivative works from any Content without Stasher’s prior written consent. Stasher’s logo and trade name, and any image on this Website that bears them, are trademarks of Stasher and may not be used without Stasher’s prior written permission.
11.1 These Conditions and any non-contractual obligations arising out of or in connection with them are governed by, and will be construed in accordance with, English law.
11.2 The English courts have jurisdiction to settle any disputes that arise under these Conditions, subject to any legal right you may have to have the proceedings heard in the courts of any country in which you reside. You may also refer any complaints about Stasher or these Conditions that are not resolved to your satisfaction using the European Commission’s online dispute resolution platform at https://ec.europa.eu/consumers/odr/main/?event=main.adr.show.
11.3 Nothing in these Conditions shall constitute a partnership or joint venture of any kind between Stasher and any User.
11.4 Except as specified in clause 1 of the Stasher Host Terms and Conditions and clause 1 of the Stasher Customer Terms and Conditions, no party is the agent of the other for any purpose.
11.5 These Conditions constitute the entire agreement between Stasher and each User and supersede any previous agreement between those parties with respect to all matters referred to in them.
11.6 Any failure by Stasher to enforce any of these Conditions at any time shall not be construed as a waiver of that Condition.
11.7 These Conditions are personal to Stasher and each User.
11.8 Stasher may assign its rights under these Conditions to any successor to its business, which shall not adversely affect the User’s rights. Otherwise neither party shall assign or transfer any of its rights or obligations under this contract without the prior written consent of the other party.