Terms and Conditions
for luggage storage and the shop of Bavarian Lockers (Bagstore), Marsstraße 13, 80335 Munich
This English translation is provided for information only. Only the German version is legally binding.
§ 1 Scope, provider, definitions
(1) These General Terms and Conditions ("Terms") apply to all contracts for the storage of luggage and for the pre-ordering of goods concluded between Atilla Ekizce, trading as "Bagstore" and "Bavarian Lockers", Bremer Str. 12, 49191 Belm, Germany (hereinafter "provider", "we" or "us"), and its customers (hereinafter "customer") – regardless of whether the booking is made via the website bavarianlockers.com, on site or otherwise.
(2) Luggage is received, stored and returned at our drop-off point at Marsstraße 13, 80335 Munich, on the premises of Café MackGorilla ("drop-off point").
(3) For the purposes of these Terms:
- "item of luggage" means each individual container handed over (backpack, bag, suitcase, XL/XXL item) including its contents;
- "booking" means the reservation of a storage period for a specific number and type of items of luggage;
- "start of booking" means the drop-off time selected in the booking;
- "storage day" means a period of 24 hours from the start of booking;
- "luggage ticket" means the reference number and QR code from the booking confirmation or the customer account;
- "consumer" means any natural person within the meaning of section 13 of the German Civil Code (BGB); "entrepreneur" means any person within the meaning of section 14 BGB.
(4) Deviating, conflicting or supplementary terms of the customer do not become part of the contract unless we expressly agree to them in text form.
(5) Translations of these Terms are for information only. Only the German version is legally binding.
§ 2 Our services
(1) We receive items of luggage during our opening hours, store them for the booked period and return them upon presentation of the luggage ticket (safekeeping). Luggage is stored by our staff in a CCTV-monitored area of the drop-off point that is not accessible to the public. The customer has no right to a particular storage space, a personal locker or a particular type of storage.
(2) Our opening hours are currently daily from 7:30 AM to 10:00 PM. Pick-up after 10:00 PM and no later than 11:30 PM is only possible if it was selected as a late pick-up when booking, for the surcharge shown there. We may temporarily change the opening hours for good cause (e.g. official orders, force majeure, operational disruptions); where possible, we will inform affected customers by email in advance. Drop-off and pick-up are not possible outside opening hours.
(3) We may use vicarious agents to fulfil our obligations, in particular the staff of Café MackGorilla.
(4) We are entitled to label items of luggage on receipt (e.g. with a numbered tag) and to photograph their external condition for documentation. The photos are used exclusively for identification, preservation of evidence and performance of the contract.
(5) Insurance of the luggage is not part of our service (section 11).
§ 3 Booking and conclusion of contract
(1) The presentation of our services on the website does not constitute a legally binding offer but an invitation to book.
(2) By submitting the booking via the "Continue to payment" button and completing the payment process, the customer makes a binding offer to conclude a storage contract. The contract is concluded when we confirm the booking by email or perform the service.
(3) Before submitting, the customer can check and correct their details (period, items of luggage, contact details) at any time. The language of the contract is German. The customer receives the essential contract data with the booking confirmation; these Terms can be accessed, saved and printed at any time at bavarianlockers.com/agb.
(4) For bookings made on site, the contract is concluded when our staff accept the luggage; these Terms apply accordingly.
(5) The customer must provide truthful information, in particular a valid email address at which they can be reached during storage.
(6) We may refuse or cancel a booking for good cause, in particular if no capacity is available, in the event of justified suspicion of misuse or a breach of these Terms. In this case, we will refund any payments already made in full, provided the customer is not responsible for the reason.
§ 4 Prices, payment, additional charges
(1) The prices shown on the website at the time of booking apply. Prices are per item of luggage and commenced storage day plus a service fee per booking. In accordance with section 19 of the German VAT Act (UStG), no VAT is charged (small business regulation).
(2) Multi-day discounts and vouchers are calculated according to the conditions displayed at the time of booking. A maximum of one voucher code can be redeemed per booking. Vouchers cannot be exchanged for cash and, unless stated otherwise, cannot be combined with other promotions.
(3) For online bookings, the price is payable in advance via the payment service provider Stripe, whose terms apply additionally. For bookings made on site, the price is due on drop-off.
(4) If the customer collects the luggage later than the booked end or hands over more or larger items than booked, we may charge the difference at the prices applicable at the time; the daily price per item is due for each additional commenced storage day. The additional charge is due on collection.
(5) We have a right of retention over the luggage handed over for due claims arising from the contract (section 273 BGB).
§ 5 Cancellation, rebooking, no-show
(1) The customer may cancel a booking free of charge up to 24 hours before the booked start of booking. Cancellation must be declared by email to info.mackgorilla@gmail.com stating the reference number; the time of receipt is decisive. In this case, the amount paid will be refunded in full via the original payment method.
(2) If a cancellation is received later than 24 hours before the start of booking, or if the customer does not show up ("no-show"), no refund will be made, as we have reserved the booked capacity for the customer and blocked it for other customers. The customer remains entitled to prove that we have suffered no loss or a significantly lower loss; in this case, we will refund the corresponding difference.
(3) If the customer collects the luggage before the booked end or drops it off later than the start of booking, no pro-rata refund will be made. Paragraph 2 sentence 2 applies accordingly.
(4) Rebookings (changes to the period or the number of items) are possible up to 24 hours before the start of booking, subject to availability. Any resulting additional price must be paid by the customer; any lower price will be refunded.
(5) If we are unable to provide the booked service for reasons for which we are responsible, we will refund the amount paid in full; further claims are governed by section 12.
(6) The customer's statutory rights, in particular any statutory right of withdrawal for consumers (see cancellation policy), remain unaffected by this section 5.
§ 6 Acceptance and inspection of luggage
(1) Luggage is dropped off in person at the drop-off point during opening hours upon presentation of the luggage ticket.
(2) We may refuse to accept items of luggage, in particular if
- there are indications that they contain excluded items (section 7);
- they are damaged, soiled, leaking or not sufficiently closed;
- they are unsuitable for storage due to their size or weight (more than 32 kg per item);
- the capacity of the drop-off point is exhausted.
(3) In the cases of paragraph 2 (a) to (c), there is no entitlement to a refund insofar as the customer is responsible for the reason; in the case of (d), we will refund the full price.
(4) If there is a justified suspicion that an item of luggage contains dangerous, prohibited or perishable items, we may open it in the presence of the customer or require the customer to open it. If the customer cannot be reached and there is a danger to persons or property, we may also open the item without the customer, involve the competent authorities and take the measures necessary to avert the danger. The customer bears the costs insofar as they are responsible for the danger.
(5) We are not obliged to inspect the contents. The contents of the luggage are generally unknown to us.
§ 7 Excluded items
(1) The following are excluded from storage:
- weapons, ammunition and dangerous objects within the meaning of the German Weapons Act;
- explosive, flammable, corrosive, toxic, radioactive or otherwise dangerous substances and objects (e.g. gas cartridges, fireworks, fuels);
- narcotics, stolen goods and other items whose possession is prohibited;
- perishable food and items that may emit odours, liquids or pests;
- live animals and plants;
- cash, securities, payment cards, precious metals, precious stones, jewellery and watches;
- identity cards, passports, visas, tickets, certificates, business documents and other documents;
- portable electronics such as laptops, tablets, smartphones, cameras and storage media;
- medication the customer needs during the storage period;
- works of art, antiques, collectibles and other items of particular material or sentimental value;
- items of luggage whose total value including contents exceeds €1,000, unless we have expressly agreed to their storage in advance in text form.
(2) By dropping off the luggage, the customer confirms that it contains no excluded items. If excluded items are nevertheless stored contrary to paragraph 1, this is at the customer’s own risk; in this case our liability is governed by section 12 paragraph 5.
(3) The customer is liable for all damage and costs caused to us, our staff, third parties or other stored luggage by excluded items, insofar as the customer is responsible for this.
§ 8 Customer's obligations
(1) The customer must pack and close their luggage properly so that the contents are not damaged and cannot fall out during normal handling (carrying, stacking, moving). Fragile items must be adequately protected.
(2) The customer should remove valuables and documents from the luggage before drop-off.
(3) The customer must keep the luggage ticket safe, protect it from access by unauthorised third parties and inform us immediately of any loss.
(4) On collection, the customer should check the luggage for completeness and externally visible damage and report any loss or damage immediately, if possible on site. Damage that is not externally visible should be reported in text form within seven days of collection. Late notification may make it considerably more difficult to clarify damage; the customer’s statutory claims remain unaffected.
§ 9 Return of luggage
(1) Luggage is returned at the drop-off point during opening hours upon presentation of the luggage ticket (QR code or reference number).
(2) The luggage ticket is a token of identification. We are entitled, with discharging effect, to hand over the luggage to any person presenting the luggage ticket, but are not obliged to do so. This does not apply if we know or are grossly negligent in not knowing that the presenting person is not entitled.
(3) We may request an official photo ID before handing over the luggage and may refuse to hand it over if there are justified doubts about entitlement.
(4) If the luggage ticket is lost, the luggage will only be handed over to the customer upon presentation of an official photo ID whose name matches the booking and an accurate description of the luggage. We may request a written acknowledgement of receipt.
(5) We do not owe delivery or shipping of the luggage.
§ 10 Uncollected luggage
(1) If luggage is not collected by the booked end, we will continue storage at the daily prices applicable at the time (section 4 paragraph 4).
(2) If luggage is not collected within 14 days of the booked end, we will ask the customer by email to the address given at booking to collect it and pay the charges incurred within a period of at least 30 days, and will point out the consequences under paragraph 3.
(3) After this period has expired without result, we may proceed in accordance with the statutory provisions (in particular sections 372 et seq. and 383 et seq. BGB), i.e. deposit the luggage or have it sold at public auction. We may dispose of perishable or obviously worthless items. The customer bears the costs; any proceeds will be deposited for or paid out to the customer after deduction of our claims and costs.
§ 11 No insurance
(1) The luggage is not insured by us. Transport, luggage or valuables insurance is not part of the contract; our prices are calculated on this basis.
(2) We recommend that customers take out their own luggage or household contents insurance for valuable luggage, or check the scope of existing insurance.
(3) CCTV monitoring and supervision by our staff serve security purposes. They do not constitute a guarantee and do not establish any liability beyond section 12.
§ 12 Liability
(1) We are liable without limitation
- in the event of intent and gross negligence;
- for damage resulting from injury to life, body or health;
- under the German Product Liability Act;
- insofar as we have given a guarantee.
(2) In the event of simple negligence, we are only liable for breach of an essential contractual obligation (cardinal obligation). Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely – for luggage storage, in particular careful safekeeping and return to the entitled person. In this case, our liability is limited to the foreseeable damage typical for the contract, but to a maximum of €500 per item of luggage.
(3) Otherwise, our liability for simple negligence is excluded.
(4) Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, representatives and vicarious agents.
(5) For excluded items (section 7) stored contrary to these Terms, we are only liable in the cases of paragraph 1. Section 254 BGB (contributory negligence) remains unaffected.
(6) We are not liable for damage attributable to inadequate packaging, the natural characteristics of the luggage (e.g. fragility, deterioration) or normal wear and tear during proper handling, unless we are at fault within the meaning of paragraph 1 or 2.
(7) We are not liable for consequential damage such as missed connections, appointments or events insofar as it results from the luggage being required outside our opening hours or from the customer arriving late. Otherwise, paragraphs 1 to 3 apply.
§ 13 Customer's liability
(1) The customer is liable in accordance with the statutory provisions for damage caused by their luggage or its contents to persons, property or other luggage.
(2) The customer shall indemnify us against third-party claims based on a culpable breach of their obligations under sections 7 and 8, including reasonable legal defence costs.
§ 14 CCTV and data protection
(1) The drop-off point and the storage area are monitored by CCTV to protect property and to investigate incidents. Signs on site indicate the CCTV monitoring.
(2) We process the customer's personal data (in particular name, email address, booking and payment data, photos of the luggage and, where applicable, customer account data and newsletter consents) to perform the contract (Art. 6(1)(b) GDPR), on the basis of legitimate interests (Art. 6(1)(f) GDPR) and, where necessary, on the basis of consent (Art. 6(1)(a) GDPR). Details can be found in our privacy policy.
§ 15 Customer account, vouchers and promotions
(1) The customer may create a free customer account. Sign-in takes place via a link or code sent by email. The customer must protect their email inbox from access by third parties.
(2) Vouchers and promotions (e.g. discount codes, coffee vouchers) are voluntary benefits. We determine their conditions, validity and number and may end promotions for the future; vouchers already added to the wallet remain valid until the stated expiry date. Vouchers cannot be exchanged for cash.
(3) We may block customer accounts in the event of misuse or breaches of these Terms. The customer may request the deletion of their account by email at any time.
§ 16 Pre-ordering of goods (shop)
(1) Souvenirs and travel items can be pre-ordered and paid for in the shop. Handover takes place exclusively at the drop-off point; items are not shipped.
(2) The goods remain our property until paid for in full.
(3) Statutory warranty rights apply.
(4) If ordered goods are not collected within 30 days of the requested date, we may withdraw from the contract after an unsuccessful request by email with a reasonable deadline; in this case we will refund the purchase price paid.
§ 17 House rules
The drop-off point is located on the premises of Café MackGorilla, whose house rules apply. Persons who violate the house rules or these Terms may be asked to leave. The return of luggage to entitled persons remains unaffected.
§ 18 Dispute resolution and contact
(1) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(2) Questions and complaints can be sent to info.mackgorilla@gmail.com or by phone to +49 176 70140040.
§ 19 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Munich.
(3) We may amend these Terms with effect for future bookings. For existing bookings, the version valid at the time of booking applies.
(4) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by the statutory provisions (section 306(2) BGB).