These general and specific terms and conditions regulate the contracting of lockers owned by the company  Palma de Mallorca Aquarium, S.A. via the touch screen located at Palma Aquarium’s business premises in Palma,  Calle Manuela de los Herreros i Sorà, 21, as well as the usage thereof. Likewise, these terms and conditions regulate the contractual relationship between Palma de Mallorca Aquarium, S.A. (owner of the Palma Aquarium lockers) and Users that contract the Palma Aquarium locker service.

The parties shall be referred to indistinctly as Palma Aquarium and Users or Customers.

Palma Aquarium offers its Users the possibility of hiring any of its lockers by calendar days (within the time periods offered by Palma Aquarium). What type of lockers does Palma Aquarium offer? Palma Aquarium offers three types of lockers:

• Medium-sized lockers (M), measuring 575mmX436mmX293mm. These lockers have a capacity for approximately 1 cabin bag and a small backpack.
• Large lockers (L), measuring 575mmX436mmX550mm. These lockers have a capacity for approximately 4 cabin bags or 1 large suitcase.
• Extra-large lockers (XL), measuring 575mmX436mmX856mm. These lockers have a capacity for approximately 4 cabin bags or one large suitcase.

What can Users place inside the lockers? Within the limits stipulated in this document (see the section on limits on locker usage), Users may store the items they wish inside the locker or lockers they have hired. How can Users know whether there are lockers available for hire at  Palma Aquarium? The touch screen located on the premises includes software enabled for purchases where Users can check locker availability for the day of their visit to Palma Aquarium. How long can a single locker be hired for?   Users may contract the locker hire service for periods of 1 day, during Palma Aquarium opening hours. When can Users access the locker or lockers they have hired?   The hire service for each locker is available during the times indicated on the premises. Access to the lockers is not permitted outside these times, as the premises where they are located will be closed for security and maintenance reasons. Once Users have placed their items inside the lockers, are they only able to access the lockers again to remove them?   No. Once Users have placed their items inside the lockers, they may access them as many times as they wish, making sure that they remain closed at all times, and are also emptied and closed once the hire period has ended. How much must Users pay per locker type and day?  

1. Prices

The prices applicable to each product are listed on the website and/or touch screen located on the premises when making their purchases. The final prices listed on the website and/or touch screen are inclusive of VAT and refer to the hire of a locker (in accordance with its size) per calendar day during the times indicated on the premises. All offers are duly marked and identified as such, correctly specifying the previous price and the offer price. Palma Aquarium reserves the right to make any modifications it deems necessary on the website and the premises with no prior notice, and may likewise update products and services daily in accordance with the market.

2. Payment method

Purchases may be made by any of the means indicated on the touch screen located on the premises. Specifically, this includes both credit or debit cards. How can lockers be reserved and used? The lockers offered through Palma Aquarium are fully automatic. Lockers must be reserved on the premises. Users must specify the number and size of the lockers they wish to hire, as well as the hire period on the touch screen located on the premises. Once the hiring process is finalised and these Terms and Conditions have been accepted, Users will be able to view on the touch screen the hire confirmation details, including the number of the locker or lockers they have reserved and the security code necessary to access their locker(s). Consequently, Users may only access their locker with the security code shown on the touch screen during the reservation process, and it is therefore essential that they either note down or take a photograph of this code.  Palma de Mallorca Aquarium, S.A. accepts no responsibility in the event that Users fail to note down or photograph the security code provided, or if they lose it. Once the reservation number entered on the touch screen is confirmed, the locker will open automatically, and Users may deposit their luggage or other permitted items. Lockers must be closed correctly each time they are opened, even when Users remove their belongings for the last time.     What should Users do when they wish to finalise the reservation? When Users wish to open the locker for any reason, the touch screen located on the premises will ask them whether they wish to open it and continue with their reservation (e.g. because they have forgotten to remove or deposit an item) or if they wish to open the locker to empty it and finalise the reservation. If Users wish to finalise the reservation, they must select the option for opening the locker to empty it and finalise the reservation. Once they have emptied the locker, they must close it so that it is available for other Users to reserve. If Users select the option for opening the locker to empty it and finalise the reservation, the system will automatically release the locker so that other Users can reserve it. If Users have left items of luggage or other objects inside the locker,  Palma de Mallorca Aquarium, S.A. accepts no responsibility for what new Users of this locker do with the items left inside it by the previous User. What should Users do if they experience any incidents when using the lockers?   In the event of a fault, blockage or any other type of technical problem when using the locker, and provided that it is during business hours, Users may call the Palma Aquarium assistance service on  +34 971 746 104. This telephone number is for technical incidents or faults only, not for any other queries regarding locker use. For all other queries, Users must write to the following email address:  info@palmaaquarium.com. Palma de Mallorca Aquarium, S.A. accepts no responsibility for errors committed by Users when hiring the Palma Aquarium lockers and will therefore not make any refunds once Palma Aquarium lockers have been hired. Can Users modify or cancel their reservations?   Users may not modify or cancel reservations when they are made on the premises, as the reservations are made in situ and the prices are set by calendar day (not by the hour). Likewise, when hiring lockers on the premises, reservations may not be made for later dates, but must start at the time of hiring. Notwithstanding the above, if Users wish to remove items once the service has been hired, they may do so at any time during business hours.

Products must be acquired via the touch screen located on the premises, and acceptance given for each of these General and Specific Terms and Conditions as they appear at the time on the link included on the website and the touch screen; any later changes to the clauses in the General Terms and Conditions shall not be applicable.

Following acceptance, Users acquire the condition of Palma Aquarium Customers as defined in these General and Specific Terms and Conditions. All products or services offered by Palma Aquarium at a later date must be the object of a new contract.

Should Customers wish to read the General Terms and Conditions in greater detail, they may do so on the website.

Palma Aquarium hereby informs you that it stores the electronic documents in which purchases are formalised.

In order to hire Palma Aquarium lockers, Users must comply with the following requirements:

• Be 16 years of age or over.
• Provide the details necessary to complete the reservation and payment.
• Accept these general terms and conditions for the service hire and locker use.

Once the hiring process is completed, and provided that it is carried out on the premises, Users will be able to view on the touch screen located in the premises a code that they must remember, note down and/or photograph as it is essential in order to open the locker and remove their luggage.

The service will end when Users select the option to open the locker to permanently end use thereof on the touch screen. In this case, Users must remove all items from inside the locker and close it.

If Users leave items of luggage or other objects inside the locker,  Palma de Mallorca Aquarium, S.A. accepts no responsibility for what new Users of this locker do with the items left inside it by the previous User.

Likewise, once business hours have ended, Users specifically give their permission for the following:

Firstly, for all items left in the lockers to be removed after business hours have ended.

Secondly, for said items to be deposited in reception in the place assigned for lost property. These items shall be kept for 30 calendar days, without prejudice to the action of contacting the emergency services, should Palma Aquarium consider this necessary.

USERS’ OBLIGATIONS. RESTRICTIONS ON THE USE OF LOCKERS. When contracting the Palma Aquarium locker hire service, Users undertake specifically and without limitation to the following:

1. To use the lockers for the sole purpose of depositing their belongings which they need to store temporarily in a safe place.
2. To make diligent use of the lockers and, in particular, to ensure that the locker is closed correctly when they leave the premises (after depositing or removing the items). In the event that Users leave their lockers open with their belongings inside, Palma de Mallorca Aquarium, S.A. shall accept no responsibility for their loss, theft or any damage that may occur.
3. Not to use the lockers for illegal or unauthorised purposes. Specifically, Users undertake not to store items whose mere possession or trafficking is illegal (including, but not limited to, stolen items, drugs, pornography materials or items that in any way degrade humans, etc.).
4. Not to deposit any items whose possession requires a licence, without holding said licence or authorisation (including, but not limited to, arms).
5. Not to place any hazardous or contaminating materials in the lockers (including, but not limited to, inflammable items or hazardous substances).
6. Not to use the lockers to deposit animals or any type of living or dead being.
7. Not to deposit food in the lockers, apart from packaged food that cannot spill, stain the lockers or produce odours of any kind on the Palma Aquarium premises.
8. Not to provide third parties with their security code, and to take full responsibility for failure to comply with this obligation and the consequences thereof.
9. Not to use the lockers to deposit items for collection by a third party. The lockers must not be used as a means of trafficking goods between parties. Said use is not authorised by Palma Aquarium.
10. To access the premises and remain there solely for the purpose of accessing the hired locker and exclusively to carry out specific actions related to the items deposited. Users may not remain on the premises longer than is strictly necessary.
11. To remove the items deposited in the hired locker(s), once the hire period has expired.
12. On termination of the service, to leave the lockers in the same condition as they found them and, specifically, to inform Palma Aquarium via the email address at info@palmaaquarium.com of any incidents the Users find when using the lockers or related to their condition.
13. Not to take photographs or make videos of the Palma Aquarium lockers (apart from those necessary to record the reservation/security number) and specifically and without limitation, not to take photographs or make recordings of the security mechanisms of the Palma Aquarium lockers.
14. Not to place in the lockers money, jewellery, technology devices (tablets, computers, televisions, etc.) or items of particular value. Storing particularly valuable items of this type in the hired lockers is done so at Users’ sole and exclusive responsibility.
15. To pay the locker fee using a credit/debit card of which they are the holder or for which they have the holder’s authorisation.

Users must hold  Palma de Mallorca Aquarium, S.A. harmless from any damage resulting from their failure to comply with the obligations arising from this contact, including those stipulated in the previous clause and those specified in the remaining clauses therein and those derived from said contract. The breach of any of these Terms and Conditions may result in the withdrawal or cancellation of the Services by  Palma Aquarium without the need to provide Customers with any prior notice and without  entitlement to compensation of any kind. Likewise, and in the event of failure to adhere to the hire period, non-compliance with the correct use of the lockers or damage caused to the lockers by Users, the following shall apply: Breach of the hire period: If Users fail to remove the items from the lockers within the hire period, the following rules shall apply, depending on the case in question:

1. If Users fail to remove the items during Palma Aquarium business hours on the day locker use commences, Palma de Mallorca Aquarium, S.A. reserves the right to remove them and deposit them elsewhere.
2. Likewise, if Users request the return of the items by shipment, said costs shall be payable entirely by the Users and Palma de Mallorca Aquarium, S.A. shall assume no risks related to the shipment of said items.

Should Users request shipment, the cost thereof must be paid in advance by the Users.   Palma de Mallorca Aquarium, S.A. reserves the right to retain the items until the full payment of the amount due has been made by the Users.

3. If Users have failed to claim the return of their items thirty-one calendar days (inclusive) after the hire period has finalised, the items shall be assumed to have been abandoned by the Users to all effects and purposes.

Where applicable, Palma de Mallorca Aquarium, S.A. may dispose of the items as it deems fit or appropriate, depending on the type of items left, holding Palma de Mallorca Aquarium, S.A. fully harmless. Failure to use the lockers correctly: Palma de Mallorca Aquarium, S.A. reserves the right to remove any items that represent a breach of the locker usage regulations and are considered forbidden items. Where applicable,  Palma de Mallorca Aquarium, S.A. shall be authorised to contact the police or competent authority and report said behaviour, as well as to remove the forbidden items, disposing of them as it deems fit or appropriate, holding Palma de Mallorca Aquarium, S.A. fully harmless. Users shall be responsible for the items they deposit in the lockers. At all events, the removal of forbidden items shall entail a sanction of 300 euros; said sanction shall not exempt Users in breach of contract from the obligation to indemnify Palma de Mallorca Aquarium, S.A. Palma de Mallorca Aquarium, S.A. reserves the right to dispose of the abandoned items as it deems fit or appropriate, and shall be held fully harmless from any damages that have in effect been caused.   Damage caused to the lockers and/or premises by Users Users shall be held fully responsible for any damage or deterioration to the lockers and the premises due to the improper or inappropriate use thereof. In such cases, Users must compensate  Palma de Mallorca Aquarium, S.A. for any physical damage caused to the locker(s) and/or the premises, as well as for loss of income. Specifically and without limitation, the Users that have caused the damage must pay  Palma de Mallorca Aquarium, S.A. a sanction of a daily hire fee for each day the locker is out of use and which is set at 100 euros per day, as well as the costs of repair or replacement, which in the case of replacement is set at €1,000 and the former regardless of the damages that may be proven to be greater. Damages to the premises caused by Users as a result of the improper or inappropriate used thereof, shall entail a minimum sanction of 400 euros. Said amount may be increased to the amount corresponding to the damages that  Palma de Mallorca Aquarium, S.A. can prove. Payment of sanctions The sanctions detailed in this section shall be paid by Users with the same payment method used by them when hiring the service or by bank transfer to the account stipulated by  Palma de Mallorca Aquarium, S.A. if so requested by the Users. Users expressly accept that  Palma de Mallorca Aquarium, S.A. may take payment for the amounts stipulated in this section using the Users’ card or payment method used for contracting the service. Likewise, should Users’ so require, Palma de Mallorca Aquarium, S.A. shall provide a breakdown of the expenses incurred and the sanctions applied.  

Palma de Mallorca Aquarium, S.A. undertakes to maintain the locker service active and to provide Users, during the contracted period, with the locker or lockers contracted by them, ensuring their good condition of use.

Likewise, Palma de Mallorca Aquarium, S.A. undertakes to resolve any incidents that may occur relating to the use of the lockers at the earliest possible convenience.

Palma de Mallorca Aquarium, S.A. offers a service for the hire of space in lockers, and is not responsible for the safe-keeping of the items therein. Users hold sole responsibility for the items that are contained in the hired lockers.

Where appropriate, Users must report to the authorities incidents involving the theft, loss or damage of the items stored for any reason.

Palma de Mallorca Aquarium, S.A. provides a 24-hour video surveillance system 365 days a year, which is specifically accepted by the Users, and therefore, in the event that the competent authorities should require a recording thereof, it shall be sent by  Palma de Mallorca Aquarium, S.A. at the earliest possible opportunity.

Should Users consider they have cause to lodge a complaint, they may do so by writing to the following email address:   info@palmaaquarium.com. Palma de Mallorca Aquarium, S.A. will try to resolve the incident and to seek a solution that satisfies the parties. In the event that Users are not satisfied with the response from Palma de Mallorca Aquarium, S.A., they may present a complaint form before the consumer protection authorities of the Balearic Islands Autonomous Community. The corresponding form may be downloaded at the following link: www.caib.es/sites/consumidor/es/full_de_reclamacions_i_cartell_informatiu/

The perfected contract between  Palma de Mallorca Aquarium, S.A. and Customers is the Spanish version thereof, regardless of whether Customers have selected any other available language in order to browse the touch screen.

The intellectual and industrial property rights corresponding to the works, brands, logos and all other elements subject to protection contained on the website and the commercial premises of Palma de Mallorca Aquarium, S.A. correspond exclusively to Palma Aquarium or to third parties who have authorised their inclusion on the website and/or the commercial premises. The unauthorised reproduction, distribution, commercialisation or transformation of such works, brands, logos, etc. constitute an infringement of the intellectual and industrial property rights of Palma Aquarium or of the owner thereof, and may give rise to the exercise of any legal or extrajudicial actions that may correspond to them in the exercise of their rights.

Likewise, the information the Customers may access via the website and the touch screen located on the premises may be protected by industrial and intellectual property rights or rights of another type. Under no circumstances and at no time shall Palma de Mallorca Aquarium, S.A. be responsible for any breach of such rights Users may commit.

Although the Privacy Policy is regulated in the section entitled “Privacy Policy” on the website hosted at www.palmaaquarium.com, the following provisions are included in these Terms and Conditions: Pursuant to Organic Law 3/2018 of 5^th December on the Protection of Personal Data and Guarantee of Digital Rights (LOPD in its Spanish initials), Users are hereby informed that  Palma de Mallorca Aquarium S.A., holder of Spanish Tax ID  No. (NIF) A57129751 shall be the controller responsible for processing the personal data they provide within the framework of this Contract. The personal data processed shall be kept for the duration of the contractual relationship between  Palma de Mallorca Aquarium S.A. and the Users, and shall later be stored in blocked format for as long as necessary in order to comply with any applicable legal obligations. The legal grounds for the aforementioned data processing is the execution and management of this contract. The names and surnames, telephone numbers and email addresses provided by Users shall be passed on to  Palma de Mallorca Aquarium S.A. for the purpose of managing the reservation. Should Users’ personal data also have to be passed on to third party suppliers,  Palma de Mallorca Aquarium S.A. shall endorse the corresponding data processing agreement with said suppliers in order to guarantee that Users’ personal data are processed in accordance with the requirements and guarantees of Organic Law 3/2018 of 5^th December on the Protection of Personal Data and Guarantee of Digital Rights (LOPD in its Spanish initials). Likewise, Users are informed that the data subject to processing via video surveillance shall be processed for the purpose for which said video surveillance system was installed and which is associated with guaranteeing the security of people, goods and facilities. These recordings shall be stored on files that are the property of  Palma de Mallorca Aquarium S.A. or authorised third parties for security reasons and for the legally stipulated period. They shall only be passed on to the competent authorities (Judges, Courts or the Security Forces) when so required or to defend the rights of  Palma de Mallorca Aquarium S.A. or its Users. Users may exercise the following rights relating to their personal data: access, rectification, erasure, limitation of processing, data portability and opposition. In order to exercise these rights, Users may write to Palma de Mallorca Aquarium S.A., Calle Manuela de los Herreros i Sorà, 21 07610 Palma de Mallorca, or to the following email address:  info@palmaaquarium.com. Users may lodge a complaint before the Spanish Data Protection Agency should they consider it necessary.

In the event of any conflict or discrepancy arising in the interpretation or application of these terms and conditions of contract, the Courts and Tribunals where the matter will be heard, shall be  those stipulated in the applicable legal regulations regarding the competent jurisdiction, which, given that the Users are end consumers, shall be the place of compliance with the obligation or the purchasers’ place of residence.

This shall be without prejudice to the Customers’ right to present their case before their area Consumer Arbitration Board.

In the case of a purchase made by a company, both parties submit to Spanish law and, expressly waiving any other jurisdiction, to the Courts and Tribunals of the Balearic Islands (Spain).

Should Users have any queries regarding these general terms and conditions, they should write to  info@palmaaquarium.com.