PREMIER PARTNER OF

  1. INFORMATION ABOUT US AND WHAT THESE TERMS COVER
    1. These are the terms and conditions for Lokt Ltd. They set out the basis on which we make our lockers available for rental at Download Festival.
    2. We are a private limited company with company number 15481987. Our registered office is at 1a Roundhouse Court, South Rings Business Park, Bamber Bridge, Preston, United Kingdom, PR5 6DA.
    3. Please read these terms and conditions carefully before you agree to rent our lockers. We may amend these terms and conditions from time to time at our discretion. This won’t affect and ongoing contract that we have with you.
    4. These terms and conditions establish a legally binding contract between you and us in connection with your rental of our lockers. If you do not agree with these terms and conditions then you cannot use our Lockers.
    5. We can be contacted in connection with these terms and conditions via email at: hello@lokt.io or by post to our registered office address (as set out above), although it will take longer for correspondence to reach us by post.
    6. If you experience any issue with our lockers or these terms and conditions please contact us and not VIP Nation or Download Festival.For the avoidance of doubt, the contract formed in accordance with these terms and conditions is between you and Lokt Ltd, not VIP Nation or Download Festival.
    7. Your specific attention is drawn to the following clauses:
      1. clause 3.1 and clause 3.4, which sets out which items cannot be stored in our lockers and uses of our lockers that are prohibited;
      2. clause 3.2, clause 3.3 and clause 4.8, which deals with items that you store in the lockers at your own risk.
      3. clause 6.2 and clause 6.3, which sets out what happens at the end of your rental and additional costs that you will be responsible for paying if you fail to collect your items on time;
      4. clause 7 which sets out our liability towards you. It also includes an acknowledgement from you that storing items in publicly accessible lockers comes with an inherent risk of loss or damage to those items, and that we are not responsible for that loss or damage; and
      5. clause 8, which deals with events that our outside of our control.
  2. USE OF DEFINED TERM
    1. From this point onwards, these terms and conditions make use of the following defined terms:

      At Risk Items

      has the meaning given to it in clause 3.2;

      Contract

      the legally binding contract formed between you and us for your rental of a Locker in accordance with these Terms. We will also refer to the Contract as Your Rental;

      Lockers

      our lockers that we make available for rental in accordance with these Terms, Locker shall be construed accordingly;

      Locker Interface

      the digital interface on the Lockers;

      We will also refer to the Contract Price

      the amount payable by you to us in connection with Your Rental;

      Privacy Notice

      our privacy notice which sets out how we will process your personal data, which is available at: https://www.lokt.io/privacy-policy;

      Prohibited Items

      has the meaning given to it in clause 3.1;

      Prohibited Use

      has the meaning given to it in clause 3.4;

      Rental Period

      the period of time during which you agree to rent the Locker;

      Terms

      these terms and conditions;

      VIP Nation

      VIP Nation (Live Nation Limited), of whom you are a guest or future guest at one of its events;

      Web Booking Platform

      has the meaning given to it in clause 4.2; and

      Your Items

      your personal possessions that you wish to store in the Locker.

      Please also note that certain clauses in these Terms also include defined terms that are used only in those clauses.

    2. These terms also incorporate the following rules of interpretation:
      1. unless the context otherwise requires, words in the singular include the plural and in the plural include the singular;
      2. a reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time and includes all subordinate legislation made from time to time under that legislation or legislative provision; and
      3. a reference to writing or written excludes fax but not email.
  3. PROHIBITED ITEMS AND USES
    1. You cannot rent a Locker for any of the following items:
      1. explosives, fireworks, or flammable substances;
      2. toxic chemicals, compressed gases, and radioactive materials;
      3. firearms, ammunition, knives, and other weapons;
      4. illegal drugs or controlled substances
      5. perishable food;
      6. live or dead animals;
      7. strong-smelling items; or
      8. any other item that is illegal, hazardous, or may cause damage, (“Prohibited Items”).
    2. We advise specific caution should you decide to store any of the following items in our Lockers:
      1. cash;
      2. jewellery;
      3. high-value items (which includes, without limitation, mobile phones, laptops and other electronic equipment);
      4. passports, legal documents and confidential records, (“At Risk Items”).
    3. You also cannot rent a Locker for use in connection with a service that you offer or any activity that breaches applicable laws or regulations (“Prohibited Use”).
    4. Both we and VIP Nation reserve the right to remove and dispose of any Prohibited Items or such other of Your Items that are being stored in connection with a Prohibited Use. Neither we nor VIP Nation will have any responsibility for any loss or damage that you suffer because of our removal and disposal. We may also report Prohibited Items and/or any Prohibited Use to the relevant authorities.
  4. HOW TO RENT OUR LOCKERS
    1. You can only rent a Locker if you will be a guest of VIP Nation throughout the duration of Your Rental. If you attempt to rent a Locker and you are not a guest of VIP Nation, then we shall have no liability towards you in connection with Your Rental.
    2. You can rent a Locker by scanning the QR code on the Locker Interface. Doing so will take you to a web booking platform (for which internet connectivity is required) (the “Web Booking Platform”).
    3. You will be required to confirm the size of the Locker you wish to rent and the Rental Period you wish to rent it for. You will then be notified of the Price.
    4. Your Rental will only become effective once you have made payment of the Price to us. The Price can be paid via Apple Pay or credit / debit card and is payable via the Web Booking Platform. The Price is inclusive of any value added tax.
    5. Once you have paid the Price you will then receive a door number and access code to the Locker for the day or days selected. It is at this booking date and time that Your Rental will start and that a Contract will be formed. Daily bookings are valid for 24 hours from 6am to 6am the next morning, so that you can access your belongings on the way back from District X!
    6. If you have any questions or experience any difficulties when trying to rent a Locker, please contact us.
    7. Please do not try to rent a Locker that:
      1. is displayed as being out of service; or
      2. has physical damage. Whilst we regularly inspect our Lockers there may be circumstances where Lockers are vandalised or otherwise damaged without our knowledge. Damaged Lockers can be reported to us by contacting us.
  5. CANCELLATION
    1. Your Rental cannot be cancelled once it has commenced in accordance with clause 4.5. This means that once you have paid the Price you won’t be entitled to receive a refund.
    2. You may have a right to cancel Your Rental if the Locker we provide is faulty or defective and we are unable to provide an alternative Locker at the same location. To cancel under this clause 6.3, you must contact us and provide us with information regarding the fault or defect with the Locker (please see clause 1.5 which sets out how you can contact us). Where we agree with you and we cannot provide an alternative Locker, we will issue a refund of the Price to the bank account the Price was originally paid from.
  6. WHAT HAPPENS AT THE END OF THE RENTAL PERIOD
    1. You may collect the Your Items from the Locker (and return or replace them) before the end of the Rental Period.
    2. You must arrange to collect Your Items at the end of the Rental Period. If you fail to do so, you will continue to be liable for paying for the Locker at the advertised Price until such time until you collect Your Items.
    3. If you have not collected Your Items by 05.59 on the day your booking ends (as applicable) at the event, we may arrange for the Locker to be emptied and for Your Items to be placed into storage. For the avoidance of any doubt, neither we nor VIP Nation provide you with any warranty, assurance or guarantee that Your Items will be securely stored once they have been removed from the Locker. We may arrange for Your Items to be disposed of should you fail to collect them within our lost property policies.
  7. WE MAY TERMINATE YOUR RENTAL BEFORE THE END OF THE RENTAL PERIOD
    1. We may terminate Your Rental before the end of the Rental Period in the following circumstances:
      1. where you breach these Terms in a serious manner. An example of this would be if you used the Lockers to store Prohibited Items or if you use them for a Prohibited Use;
      2. you damage the Locker, or we have reasonable grounds to suspect that you have done so;
      3. you breach the terms of your contractual relationship with VIP Nation which results in you no longer being granted access to the location where the Lockers are located;
      4. you fail to pay the Price or your payment is unable to be processed.
    2. We will provide you with reasons where we intend to terminate your Rental Period early in accordance with clause 7.1. Where we so act, you will be required to immediately collect Your Items from the Locker. Where you fail to do so, we refer you to clauses 6.2 and 6.3, which will apply in this event,
  8. OUR LIABILITY TOWARDS YOU
    1. We do not limit our liability towards you where it is unlawful for us to do so. For example, this includes if we cause death or personal injury due to our negligence or for breaches of consumer legislation for which liability cannot be limited or excluded.
    2. When you agree to rent a Locker, you acknowledge and agree that storing items in lockers that are accessible to the general public comes with the inherent risk that the lockers may be damaged or broken into or otherwise the subject of an event outside of our control. To the greatest extent permissible by law, neither we nor VIP Nation shall have any liability to you for any of Your Items that are lost, damaged or stolen during the Rental Period. Nothing in this clause limits our liability towards consumers for our breach of consumer legislation that cannot be excluded under applicable laws.
    3. We shall only be responsible for loss or damage you suffer that is a direct and foreseeable result of our breaking the Contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, it was clear to both you and us that it might happen.
    4. We are not responsible for loss that you suffer where the loss is:
      1. unforeseeable (i.e. that it wasn’t obvious that it would happen when the Contract was made);
      2. caused by an event outside of our control; or
      3. caused by you or a third party acting on your behalf, such as, for example, where you fail to comply with these Terms.
    5. In most circumstances our customers are individuals using the Lockers outside their business, trade, craft or profession. If you use the Lockers in connection with your trade, craft or profession, then:
      1. we draw your specific attention to clause 3 (Prohibited Items and Uses);
      2. we shall not under any circumstances have any liability towards you for any loss of profit; loss of goodwill; loss of business; loss of business opportunity; loss of anticipated saving; loss of or corruption of data (or consequential claims due to lost data); loss of use; or for any loss or liability that is indirect, special or consequential in nature; and
      3. our total aggregate liability towards you shall be limited to the Price, and “liability” in this clause means liability which arises in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise.
  9. EVENTS OUTSIDE OF OUR CONTROL
    1. For the purposes of this clause 8, references to “events outside of our control” means any event or circumstance which is not within our reasonable control including, without limitation:
      1. theft of Your items;
      2. loss of Your Items;
      3. vandalism and criminal damage to Your Items;
      4. acts of God, flood, drought, earthquake or other natural disaster;
      5. epidemic or pandemic;
      6. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
      7. nuclear, chemical or biological contamination or sonic boom;
      8. any law or any action taken by a government or public authority;
      9. collapse of buildings, fire, explosion or accident;
      10. any labour or trade dispute, strikes, industrial action or lockouts;
      11. non-performance by suppliers, subcontractors or consultants that we engage; and
      12. interruption or failure of utilities or telecommunications services.
    2. In light of the Lockers being situated at the VIP Nation event, references to “events outside of our control” also include any event or circumstance (including, without limitation, those referred to in clause 8.1), which is outside the reasonable control of VIP Nation.
    3. We will use our reasonable endeavours to put appropriate measures and precautions in place to mitigate against the likelihood of events outside of our control adversely affecting your use of the Lockers (for example, by ensuring that the Lockers cannot be accessed without unreasonable force during Your Rental without use of Your Pin). However, given the nature of what may constitute an event outside of our control, you agree that it is not physically possible for us to fully mitigate against events outside of our control and, with this in mind, you reiterate your agreement that you will not use the Lockers to store Prohibited Items.
    4. We shall not, to the greatest extent permissible by law, have any liability towards you if an event outside of our control occurs that impacts your use of the Lockers or otherwise leads to loss or damage to Your Items. If an event outside of our control occurs we will promptly notify you and in doing so will confirm the impact it has had or may have on your use of the Lockers.
  10. COMPLAINTS

    We take complaints relating to our Lockers seriously. If you wish to make a complaint regarding our Lockers or these Terms, you can do so by contacting us. This clause does not limit or exclude your statutory rights.

  11. DATA PROTECTION

    For information on how we will process your personal data, please review our Privacy Notice.

  12. GENERAL
    1. The Contract constitutes the entire agreement between you and us and replace all previous agreements, promises, assurances and understandings between you and us in relation to the Contract.
    2. We may assign, sub-contract or delegate our rights and obligations under the Contract and these Terms to a different organisation. We will notify you in writing if this happens and will ensure that the transfer won’t affect your rights under the Contract.
    3. You may allow third parties to access and use the Lockers, provided that such third parties are a guest of VIP Nation. Where you wish to do so, you expressly agree that the Contract will remain between you and us and we shall not, to the greatest extent permissible by law, have any legal responsibilities or duties towards such third parties. It is your responsibility to bring these Terms to the attention of any third party that you grant access and use of the Lockers.
    4. Provided that we may amend these Terms at any time before a Contract between you and us is formed, any amendments to these Terms once a Contract has been formed shall only be effective if they are agreed in writing between you and us.
    5. The Contract can only be enforced by you or us. The Contracts (Rights of Third Parties) Act 1999 shall not apply to the Contract.
    6. If any provision of the Contract is held to be void or unenforceable in whole or in party by any court or other competent authority, the remainder of the Contract shall continue to apply.
    7. These Terms and the Contract shall be governed by and construed in accordance with the laws of England and Wales. Both you and we submit to the exclusive jurisdiction of the courts of England and Wales to determine any dispute arising out of or in connection with these Terms and the Contract. If you are based in Scotland, both you and we can also bring claims before the Scottish courts.