General Terms and Conditions of Diebold GmbH & CO KG for the self-storage sector

General Terms and Conditions of Diebold GmbH & CO KG for the self-storage sector

The following General Terms and Conditions apply exclusively to all self-storage rental contracts of Diebold GmbH & CO KG (hereinafter "Lessor"). Deviating terms and conditions of the lessee shall not be recognized unless the lessor expressly agrees to their validity in writing.

  1. Use/storage
  • a) Smoking is strictly prohibited in the rented property (hereinafter referred to as "Compartment") and the entire facility (building and property) of the Lessor!
  • b) The compartment may only be used for storage purposes. Activities, in particular use as an office, business address, warehouse sales and activities that require commercial or other official approval are not permitted. Use for residential purposes is also strictly prohibited. Any breach of these terms of use justifies termination of the rental agreement by the landlord without notice.
  • c) Only dry items may be stored in the compartment. The storage of animals and plants is not permitted. The tenant undertakes to use the compartment only in such a way that no danger and/or damage to the legal interests of the landlord or third parties - in particular other tenants - or damage to the environment is caused. It is expressly forbidden to store flammable, explosive, radioactive, self-igniting, toxic, corrosive or foul-smelling objects and substances. The connection and use of electrical or gas-powered appliances is prohibited.
  • d) The storage of weapons, narcotics, waste materials or hazardous waste of any kind is prohibited. Furthermore, perishable items and items that are suitable for vermin infestation may not be stored. The storage of valuables such as cash, documents (including savings books and securities), jewelry, precious metals, stamps, coins and medals is not permitted.
  • e) The tenant must use the compartment and the building in such a way that other tenants are not disturbed or impaired in their use. The tenant is not permitted - in particular for fire safety reasons - to place or store objects, even temporarily, outside the rented compartment in the facility, in the building - in particular the aisles, corridors and on the company premises. Escape routes must be kept clear at all times.
  • f) The tenant must keep the compartment clean and in perfect condition. The communal facilities must be treated with care.
  • g) The ventilation systems of the compartment or the entire system must not be closed or blocked.
  • h) Changes to the compartment, structural work and attachments to the floor, walls or ceilings may not be made without the written consent of the landlord.
  • i) The lessee is obliged to oblige the persons authorized by him to access the premises to comply with the above terms of use.
  • j) If the tenant, a person accompanying the tenant or a person authorized by the tenant to gain access triggers a false alarm of smoke, fire or fire detectors through misuse or in any other way, the tenant is obliged to bear the full costs and damages incurred as a result.
  • k) The exercise of a trade, a freelance activity or the provision of services in the rented property is prohibited.
  • l) The tenant is prohibited from any illegal, criminal or immoral activity.
  • m) The tenant is not permitted to register his place of residence or the registered office of a company at the address of the rented property.
  • n) No electrical devices may be connected in the compartment. Existing electrical wiring may not be used or modified.

 

  1. Subletting

The tenant is not entitled to sublet the rented compartment - either in whole or in part.

 

  1. Access to the system and the compartment by the tenant
  • a) When approaching and leaving the building, the tenant must comply with the road traffic regulations on the company premises. The speed limit of 10 km/h must be observed. Other road users must not be obstructed.
  • b) Driving onto the premises is only permitted for loading and unloading the items to be stored; parking is prohibited; separately designated customer parking spaces are available for this purpose.
  • c) The facility is accessible daily from 00:00 to 24:00. The landlord is entitled to change the opening hours applicable at the time of conclusion of the contract if the change is announced in writing at least 4 weeks in advance, the change does not significantly impair the use of the compartment and it is reasonable for the tenant. The office opening hours are Monday to Friday 08.00 to 12.00 and 13.00 to 17.00.
  • d) Access to the facility and the compartments is by means of electronic access systems. The Lessor shall not be liable if the Lessee is denied access to the building due to technical faults (e.g. power failure), unless the technical fault was caused by the Lessor or its vicarious agents intentionally or through gross negligence.
  • e) Only the tenant, accompanying persons and persons authorized by the tenant are permitted access to the building and compartment. The landlord is entitled to demand identification papers and to refuse access to persons who are unable to produce them.
  • f) The tenant must lock the compartment when leaving and keep it locked during his absence.
  • g) The lessee must notify the lessor immediately in writing of the loss of access systems.

 

  1. Liability of the landlord
  • a) Claims of the tenant for damages are excluded. Excluded from this are claims for damages by the Hirer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Rental Firm, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
  • b) In the event of a breach of material contractual obligations, the Lessor shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it concerns claims for damages by the Lessee arising from injury to life, limb or health.
  • c) The restrictions of 4.a) and 4.b) also apply in favor of the legal representatives and vicarious agents of the lessor if claims are asserted directly against them.
  • d) The provisions of the Product Liability Act remain unaffected.
  • e) The landlord is also not liable for damage caused by fire, soot, snow, water, sponge and gradual exposure to moisture or for damage caused by temperature-related fluctuations in air humidity. Unless the damage has been caused by gross neglect of the rented property and the landlord has failed to rectify the defects within a reasonable period of time despite the tenant's timely notification and request. Any further liability of the landlord pursuant to Section 536a BGB is expressly excluded, unless it is based on intent or gross negligence. Disruptions to the use of the rented property by other tenants or by other third parties (e.g. due to traffic detour, excavations, road closures, noise, odor or dust pollution or similar) shall not constitute a defect in the rented property, regardless of the extent, unless the landlord is responsible for them due to gross negligence or intent. However, the landlord shall endeavor to work towards the elimination of any disturbances of which he has been notified.

 

  1. Liability of the tenant

Any damage must be reported to the landlord immediately. The tenant's liability shall be governed by the statutory provisions. The Lessee shall be liable for any culpable damage to the rented property and the storage building as well as all facilities and equipment belonging to the storage building caused by him, his relatives, his employees, his subtenants or other persons who come into contact with the rented property or the storage building at his instigation.

 

  1. Entry to the compartment by the landlord

The tenant shall allow the landlord and his representatives to enter the compartment if there is a legitimate interest - in particular in the event of imminent danger. The Lessor shall give 14 days' notice of access to the compartment, or less in urgent cases. In the event of imminent danger (emergencies), the lessor is entitled to open and enter the compartment in any way he deems appropriate.

In order to comply with its environmental and fire protection obligations, the Lessor reserves the right to carry out spot checks in the form of inspection of the contents and stack height in the event of suspicious cases. The tenant is obliged to tolerate access for this purpose and to grant the landlord access.

The landlord is entitled to enter the rented property if there is reasonable suspicion that this agreement is being breached, if the tenant himself or other tenants or the landlord are at risk of considerable damage and contact with the tenant has been unsuccessful.

 

  1. Rent and deposit / offsetting, fees

The amount of the rent and the deposit can be found in the rental agreement for the respective compartment.

  • a) The agreed rent covers all operating and ancillary costs including basic insurance of €1000 per box.
  • b) The rent is due upon conclusion of the contract. If the rent is not paid by the due date, the landlord has the right to block the rented property. The block will be lifted after the rent has been paid.
  • c) The landlord may satisfy his due claims from the deposit during the tenancy. The tenant is then obliged to top up the deposit to the agreed amount.
  • d) No interest shall be paid on the deposit.
  • e) Offsetting by the tenant with counterclaims is excluded, unless his counterclaims are recognized, undisputed or legally established.

The deposit amount shall be repaid within 14 bank working days after termination of the tenancy and return of the rented property in accordance with the contract. If the tenant does not return the rented property in the condition stipulated in the contract, the landlord is entitled to reduce the repayment amount by the amount necessary to restore the rented property to the condition stipulated in the contract (e.g. cleaning and disposal costs).

 

  1. Landlord's lien

The provisions of the statutory landlord's lien (§ 562 BGB) apply. The tenant confirms that he is the legal owner of the stored items. Insofar as the landlord exercises the landlord's lien, he or a company commissioned for this purpose is entitled to draw up a list of the items in the rented property.

 

  1. Shut-off device and access authorization

The compartment is rented out locked. The tenant is obliged to keep the rented property locked during the rental period. Access is via the app provided

The lessor is entitled to reorganize the type of use of the entire rental object. This may be necessary for safety reasons. The tenant hereby agrees that in this case he may be allocated a different, equivalent compartment.

If the tenant allows third parties access, this is at the sole risk of the tenant.

 

  1. Termination / Cancellation
  • a) The rental agreement can be terminated by either party without notice to the end of the booked rental period. The minimum rental period is 1 week.
  • b) The right to terminate the contract for good cause remains unaffected.
  • c) The tenant is obliged to vacate the rented property at the end of the tenancy and to remove and clean all items.
  • d) If the tenant continues to use the rented property after the end of the rental period, the tenancy shall not be deemed extended; Section 545 BGB is waived in this respect.
  • e) If a credit check of the tenant is negative (negative features in the Schufa or Creditreform consumer information), the landlord is entitled to terminate the contractual relationship with immediate effect.
  • f) If the tenant is in arrears with two months' rent or a not insignificant part of the rent, the landlord has the right to terminate the contract without notice. The landlord may then open the rented property, remove the stored items and, at his discretion, dispose of them at the tenant's expense or store them elsewhere

 

  1. Written form

There are no agreements other than the terms and conditions accepted in connection with the booking. Amendments and supplements must be made in writing.

  1. Insurance

The stored goods are insured by the lessor with a sum insured of €1000 per box. The sum insured can be increased in increments of € 1000 up to a maximum of € 20,000. The sum insured should correspond to the replacement value of all insured interests (insured value).

  1. Miscellaneous
  • a) If the lessee is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of the lessor.
  • b) Should any of the above provisions or the rental agreement itself be invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

Diebox Selfstorage

Heinrich-Hertz-Straße 24
77656 Offenburg

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