General Terms and Conditions
General Terms and Conditions (GTC) BASIC BOX
1. Conclusion of the user agreement (hereinafter “user agreement”)
The presentation of rental properties on the website does not constitute a legally binding offer, but an invitation to request or book a rental property (hereinafter “Basic Box”) for storage and production purposes. Errors excepted. As part of the online booking process, a contract of use is concluded by clicking on the “Book with obligation to pay” or “Buy now” button. A 14-day right of withdrawal only exists for contracts with tenants that are concluded as “distance and away transactions” in accordance with the Distance Selling Act (see Directive 2011/83/EU). The booking confirmation including deposit contract and initial invoice will be sent by e-mail immediately after booking to the e-mail address stored in the customer account.
2. General rights and obligations of the customer
In accordance with the following contractual conditions, the customer has the right to use the property exclusively for storage and production purposes. This right shall apply from the start of the rental period (corresponding to the start of the contract) until the end of the contract of use, provided payment has been made.
3. Takeover/return of the Basic Box
3.1 The Customer must check the respective Basic Box when taking it over. Any damage and/or soiling must be reported to the Rental Firm without delay (the Customer is recommended to do this in writing, e.g. by e-mail, enclosing evidence (e.g. photos)). If this is not done, the Rental Firm shall assume that the Basic Box has been accepted in an undamaged and clean condition.
3.2 At the end of the contract, the Customer is obliged to hand over the Basic Box cleaned and properly cleared, i.e. in the same condition as when he took it over (= return). The use of cleaning agents to remove any soiling must be agreed with the Rental Firm in advance in writing (by e-mail or letter). The customer must provide the landlord with evidence of proper evacuation by adequate means (e.g. photos of the empty compartment) by the end of the contract at the latest (see GTC point 9 on termination).
3.3 The customer shall be liable to pay compensation for damages in the event of a breach of the obligation to return.
3.3.1 In the event that the Basic Box is not returned in a proper, clean and undamaged condition, the Rental Firm reserves the right to clean the Basic Box at the Customer's expense and to charge the Customer for the costs or to claim compensation from the Customer.
3.3.2 If the Customer leaves goods/items in his Basic Box at the end of the contract, the Depositary shall be entitled to move them to another location chosen by the Lessor for safekeeping at the Customer's expense and to demand appropriate remuneration for the transfer and safekeeping services provided and, after the end of the contract and the unsuccessful setting of a final collection period of 4 weeks (“final reminder”) or, in the event of prior notice, to sell or auction the goods/items or, if the transfer or auction is not economically viable (in particular in the case of waste or obviously worthless items), to sell or auction the goods/items after a reasonable period of time. or, if the transfer or auction is not economically viable (in particular in the case of waste or obviously worthless items) or the customer has not collected the items after a reasonable period of time despite written notification (by e-mail or letter), to dispose of the items at the customer's expense.
3.4 In the event that the Customer has not vacated the Basic Box at the end of the contract or has not provided proper proof of vacating, the Lessor is entitled to vacate the Basic Box at the Customer's expense. At the same time, the Lessor is entitled to open the Basic Box at the Customer's expense if the Customer does not grant the Lessor access to the Basic Box or if opening by the Lessor becomes necessary for other reasons (e.g. imminent danger). In such cases, the Basic Box will be cleared by a third party appointed by the Lessor and taken to the Lessor's storage area.
3.5 The costs for cleaning, transportation, safekeeping, removal, evacuation and storage of the Basic Box in accordance with GTC items 3.3.1, 3.3.2, 3.4 shall be borne by the Customer and shall be invoiced by the Rental Firm.
4. Rental prices and payment
4.1 The rental prices are set out in the price list available on the website. The rental prices include the statutory value added tax.
4.2 Payment of the rental price is due in advance by bank transfer or payment service provider. The payment date stated in the contract shall be decisive.
4.3 The customer is not entitled to withhold payments due to any counterclaims, unless the counterclaims are undisputed or have been legally established.
4.4 If the customer is in arrears with payment of the rental price, the lessor is entitled to charge interest on arrears at a rate of 5 percentage points above the prime rate per annum. The customer reserves the right to prove that the lessor has incurred no or less damage.
5. Deposit
5.1 The customer undertakes to pay a deposit of €500.00. The deposit must be transferred to the Lessor's account specified in the booking confirmation before the start of the rental period.
5.2 The deposit serves as security for any claims of the Rental Firm against the Customer, in particular arising from damage to the Basic Box or outstanding payments.
5.3 The deposit will be returned after proper return and inspection of the Basic Box. Any claims by the landlord will be taken into account before the deposit is repaid.
6. Liability of the customer
6.1 The Customer is liable for all damage to the Basic Box caused by him or his vicarious agents during the rental period.
6.2 The Customer must treat the Basic Box with care and only use it as intended.
6.3 The Customer must inform the Rental Firm immediately of any damage to or defects in the Basic Box.
6.4 In the event of culpable breach of the duty of care, the Customer shall be liable for all resulting damage.
7. Liability of the Rental Firm
7.1 The Rental Firm shall be liable for damage caused by it or its vicarious agents intentionally or through gross negligence.
7.2 Liability for simple negligence is excluded, unless it concerns the breach of essential contractual obligations (cardinal obligations), compensation for damages resulting from injury to life, limb or health, guarantees or claims under the Product Liability Act.
8. Termination
8.1 The contract of use ends automatically at the end of the agreed rental period.
8.2 The contract of use may be terminated by either party without notice for good cause. Good cause shall be deemed to exist in particular if the Customer defaults on payment of the rental price, fails to vacate the Basic Box despite a reminder or breaches the contractual provisions.
8.3 Notice of termination must be given in writing.
9. Data protection
9.1 The Lessor collects, processes and uses the Customer's personal data in accordance with the statutory provisions. Further information can be found in the landlord's privacy policy.
10. Fiinal provisions
10.1 Amendments or additions to the contract of use must be made in writing.
10.2 The place of performance and jurisdiction is the registered office of the Lessor, insofar as legally permissible.
10.3 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.4 Should individual provisions of the contract of use be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by the statutory provision.
10.5 No verbal ancillary agreements have been made. Amendments and supplements to the contract of use must be made in writing. This also applies to the waiver of the written form requirement itself.
11. Amendments to the contract
11.1 Amendments or additions to this contract must be made in writing. This also applies to any waiver of the written form requirement.
11.2 No verbal collateral agreements have been made.
12. Right of withdrawal for consumers
12.1 Consumers have a statutory right of withdrawal. Further information on this can be found in the Lessor's cancellation policy, which is sent to the customer upon conclusion of the contract.
13. Miscellaneous
13.1 The Basic Box may only be used for legally permitted and non-hazardous purposes. The Customer undertakes neither to use the Basic Box unlawfully nor to store unlawful items in the box.
13.2 The Customer is obliged to inform the Lessor immediately of any change of address.
13.3 The Rental Firm reserves the right to amend the GTC at any time. The customer shall be notified of the amended GTC in good time before they come into force. If the customer does not object within four weeks of receipt of the notification, the amended GTC shall be deemed to have been accepted. In the notification, the lessor shall specifically draw the customer's attention to the significance of his silence.