Stasher Host Terms & Conditions
Last Updated: Dec 2020
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. Our Details and Our Role
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. General Obligations
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.
8. Code of Conduct
8.1 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.
8.2 You must act with respect, treat others fairly and comply with applicable laws at all times. You should not treat others differently because of their race, ethnicity, nationality, religious beliefs, sexual orientation, sex, gender or disability or serious diseases.
8.3 You must treat Stasher staff, as well as customers with respect and integrity, and you must not use profanity or foul language when addressing them. Should you violate this code you are liable to be removed from the Stasher platform.
Annex: Stasher Security Checklist For Hosts
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.
When luggage is deposited
You should take the following steps when luggage is deposited:
- Check the customer’s photo identification document to ensure that the customer is the same person shown in the photo and that the name of the customer on the identification document matches the name on Booking order sent to you by us. If there are any discrepancies, you must call Stasher directly on +44 20 3355 3544.
- Ask them basic security questions, such as “Did you pack this bag yourself?” and “Can you confirm that this luggage does not contain any flammable, dangerous or illegal items?”
- If you have CCTV, ask the customer to look into the nearest CCTV camera.
- Attach a cloakroom tag to each item of luggage stored and give the other half or halves to the customer. We can supply these if necessary.
- Store the bag securely in your storage space and ensure that it is locked away, or that access to the storage space is monitored at all times and not publically accessible.
- Inform the customer if there are any changes to your opening hours.
When luggage is collected
You should take the following steps when luggage is collected:
- Ensure you only return luggage to the customer that dropped it off – check photo identification again if necessary. If there are any discrepancies, you must call us directly on +44 20 3355 3544
- Match the customer’s cloakroom tag(s) to each item of luggage stored and ask the customer to confirm that the luggage collected is theirs.
- When the customer collects their luggage, remind them to leave a review of your Stashpoint on the website. Reviews are the best way to encourage more custom!
How does it work?
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.
What to do if a customer has not made a Booking?
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.
What to do in the event of an incident?
If there are any issues, please contact Stasher directly on +44 20 3355 3544.
You can reach Jacob at 07881453843 and Anthony at 07789605443.
Data Protection Addendum
Controller to Controller
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:
- identify you and manage any accounts you hold with us;
- contact you for reasons related to the service you have signed up for or to provide deal with payment for our services;
- notify you of any changes to our website or to our services that may affect you;
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:
- conduct research and analyse website visitor behaviour patterns;
- customise our website and its content to your particular preferences;
- improve our services;
- provide information that has been requested by you e.g. password reminders
- detect and prevent fraud;
- promote competitions and offers through various marketing campaigns
- promote current or new products and/or services
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:
- your name,
- country of origin,
- email address, and
- phone numbers
Categories of Data Subject
Permitted Recipients (in addition to those specified in Schedule A)
We may disclose your personal data to:
- service providers under contract with us to support our business operations, such as fraud our insurers and insurance brokers;
- Stripe or Paypal, our payment processors;
- law enforcement or government agencies in connection with any investigation to help prevent or detect unlawful activity;
- our business partners in accordance with the 'Marketing' section above;
- for remarketing purposes to advertising platforms such as Google AdWords, Facebook, LinkedIn, and AOL advertising;
- any person or agency if we need to share that information to comply with the law or to enforce any agreement we may have with you or to protect the health and safety of any person;
- any person who you have named as a person we can contact to discuss your account;
- any person who we are negotiating with as a potential buyer of our business or property or if we are proposing to merge our business with another business;
- credit card associations if specifically required;
Personal data transfers