General Deposit Conditions and Liability Limitations
1. Deposit Contract. The ticket/receipt for the deposit together with the present Clauses form an integral part of the custody relation for the baggage and luggage deposited by the Depositor with the company Excess Baggage Investments España, S.L. (hereinafter EBIE). By means of said consent, both parties assume their capacity to enter into contract and accept the conditions for use of the service.
2. - Price of the Service. EBIE undertakes to guard diligently the baggage and luggage left in its charge in exchange for the price and charges for its services. You may consult prices as well as capacities in weights and measures in shops or at www.consigna.es.
3. - Collection of Deposited Items. The ticket/receipt is the receipt for deposit, and serves as accreditation for collection of the deposited items at the EBIE locations.
In the case where you are unable to provide the ticket /receipt you will be required to report this to the Police and provide the police report for the loss or theft of said ticket, which is to contain a description of the belongings. Otherwise, the Claimant shall be required to accredit his or her identity, and sufficiently justify and guarantee the ownership of the deposited items. Once your right to the belongings has been proven, they shall be delivered over to you after you fill out the corresponding declaration and pay the amount due for the deposit, including any extraordinary expenses which in said case may be have been incurred.
By handing over the deposited items to the bearer of the ticket/receipt or to the Claimant, EBIE shall be released from the obligation of custody. Likewise, it shall be released of all liability in the case where the Depositor, after collecting the deposited luggage, leaves the premises of EBIE without making any objection or claim whatsoever. In said regard, the Depositor is fully responsible for checking his or her belongings at the time of collection.
4. - Depositary Obligation. EBIE solely undertakes to custody the belongings consigned under contract, refraining from making any other use thereof, unless expressly authorized, or in legal situations of mandatory compliance.
5. - Deposit Maximum Value. EBIE shall not keep in custody objects the value of which exceeds 200€, with the Depositor being exclusively liable when leaving objects of greater value. Any valuation required to be made shall be at all times at the expense of the Depositor.
6. - Insurance. EBIE insures its liability for possible damage caused to the consigned belongings up to a maximum amount of 200€. Nevertheless, the following are excluded from said insurance, with the Depositor being liable in said regard: any fines and sanctions imposed by the public and judicial administrations; harm caused to aircraft, caused by X Rays or by equipment used to load and unload passengers and baggage; caused by ionizing radiation; by toxic, infectious or hazardous elements; harm resulting from or having any type of interrelation with acquired immunodeficiency syndrome; and likewise, with respect to harm caused by or resulting from pollution, contamination, vibrations and noise, waves, radiation, electromagnetic fields or environmental damage; caused by tobacco and tobacco by-products; by goods manufactured or elaborated through the union, mixture or integration of products of the Depositor; likewise, caused by situations of defense, war, invasion, terrorism, violent acts or similar conflicts; rejection, confiscation or expropriation; or caused by objects which are prohibited, restricted or limited in the contract.
7. - Prohibitions, Restrictions and Limitations on Deposited Items.
7.1. - Licit Deposit. Under no circumstances shall the Depositor deposit objects which have been stolen, robbed or are the result of illegal trafficking, assuming full liability for observance and proper diligence (especially that required in air traffic) in regard to control of baggage and belongings, and avoiding any type of manipulation by third parties.
7.2. - Prohibited or Restricted Deposits. The Depositor shall refrain from consigning articles such as: a) cash and negotiable products or instruments; b) works of art, antiquities, precious stones and other valuable objects; c) fragile articles; d) products which are not properly packed; e) objects specifically classified as hazardous by airport authorities (containers or aerosol cans containing any type of gas, or flammable liquids or products; corrosive products; chemical, toxic and infectious substances; explosive products or similarly reactive products; radioactive products); f) animals, plants or food or other perishables prohibited within the European Union; g) firearms or other type of arms and devices which fire projectiles; sharp objects or those having a blade; or other tools which may cause serious wounds; h) goods which have been stolen, robbed or are the result of illegal trafficking; i) any other article which the airport and security authorities include under these restrictions.
Given that this is a matter of Law and Order, and specifically one of airport security, in the case where banned, restricted or excluded products are detected, EBIE reserves the right to reject said products at any time, and in said case to report these to the private security services and to the pertinent public authorities without consulting the Customer. In the case where any expenses or charges are incurred owing to the removal or discard of said products, said expenses or charges shall be passed on to the Depositor, in addition to an administrative charge of 100€ , and all deposited items shall be withheld until full payment is made. In any event, the Customer shall not be entitled to any compensation or claim whatsoever, and EBIE shall not be obliged to return or to send the articles in question, being released from any type of liability in said regard.
8. - Access to Deposited Objects. Once the luggage and belongings are deposited, the Depositor shall not be permitted access to any deposited object, unless all items left in custody are collected after payment for the service is made.
9. - Claims. In the case of loss, mistaken delivery, failure to deliver or damage to the deposited items, the Depositor shall be required to accredit the occurrence of said circumstance, and that said circumstance took place under the relation of deposit and liability of EBIE.
10. - Right to Withhold Deposited Items. In the case where the Depositor owes any amounts related to or resulting from the relation, EBIE reserves the right to withhold the deposited items until full payment thereof is made.
11. - Contract Maximum Duration. The maximum term of the deposit contract is ninety (90) calendar days as from the date of receipt of the movables by EBIE.
12. - Abandonment of Deposit. The Depositor shall be understood as having abandoned the deposit in the case where said Depositor fails to pay for and collect the deposited items prior to the expiry of the ninety (90) days of duration of the contract. Once said term has expired, EBIE may liquidate the belongings through sale, auction, barter or charity donation. Any product obtained as a result of liquidation shall be applied to payment of the amount owed.
13. - General Conditions. EBIE reserves the right to make any changes in the General Conditions which it deems advisable without advance notice.
14. - Data Protection. The data obtained through the relation shall be processed by Excess Baggage, its group and the entities related to said management, in accordance with the Data Protection regulations applicable in Spain, with the User being entitled to access and update the User data and, if applicable, oppose or cancel said data, notwithstanding those elements required for the contract. In said regard, the User may contact Excess Baggage in writing at the following address: calle Castelló nº 24, Escalera 1º, 3º Izquierda, 28001 Madrid.
15. - Conflict Resolution. All deposits are accepted in accordance with the laws applicable in Spain, and the parties waive their own jurisdiction, submitting to the Courts and Tribunals of the territorial jurisdiction of the Adolfo Suárez Madrid-Barajas Airport, and, in any event, that of the city of Madrid.