The customer is aware that the employees of the owner are generally not authorized to make promises or enter into obligations that go beyond the content of the rental agreement or deviate from it. By making such promises or commitments, the staff of the Owner exceeds its authority. This does not preclude the Lessee and a representative of the Owner authorized to do so from amending the Lease Agreement by mutual agreement in writing.
1. rental purpose, general
The Lessee has the right to use the rented storage space exclusively for storage purposes in accordance with the following General Terms and Conditions and the offer to conclude a rental agreement (prepared by the Lessor in accordance with the parameters selected by the Lessee and submitted to the Lessor for signature). In the event of a contradiction, the provisions of the rental agreement shall take precedence over the General Terms and Conditions.
2 Access to the storage area
2.1 The Hirer shall have access to the storage premises during opening hours and by prior appointment. All opening hours may be changed at any time. The Hirer shall not be entitled to assert any claims against the Owner arising from the temporary interruption of the supply of water, electricity, etc. to the premises, provided that the Owner immediately arranges for this to be remedied.
2.2 Only the Hirer or a person authorised in writing by the Hirer or accompanied by the Hirer is authorised to enter the storage premises. The Hirer may revoke such authorisation vis-à-vis the Owner at any time in text form (e.g. by e-mail). The lessor has the right, but not the obligation, to demand legitimation from any person wishing to enter the premises and, if no suitable legitimation can be presented, to refuse access.
2.3 In the event of imminent danger, the Lessor or a person authorised by him is entitled to enter the storage premises and, if necessary, to open the storage box.
2.4 The Lessor shall be entitled to grant access to the storage box on a date announced in advance if official inspections are prescribed or maintenance work and/or other work is absolutely necessary to ensure the safety and/or operability of the plant and/or if an addition to/alteration of the plant is carried out. If this is necessary, the Lessor shall have the right to open the storage box without further notice and either carry out the necessary work and/or move the stored goods/items to an alternative suitable box or storage facility.
2.5 The Lessor shall have the right, without prior notice to the Lessee, to open the box, to enter it, to inspect the goods/items stored in the box and to carry out the necessary work.
2.5. The Lessor shall have the right to open and enter the box, to move the stored goods in accordance with clause 4.2 and/or to make the necessary arrangements without prior notice to the Lessee.
2.5.1. if the Lessor can reasonably assume that the box contains prohibited items/goods in accordance with Clause 3 and that, as a result, the surrounding boxes/areas are likely to be endangered.
2.5.2. if the Lessor can reasonably assume that the box is not being used as agreed and the Lessee does not allow the box to be inspected despite being requested to do so.
2.5.3. if the Lessor is lawfully requested by the police, fire brigade or other authorised authority to open the compartment.
2.6. the Lessor is obliged to securely reseal a box opened by him or by a person authorised by him after leaving it by a suitable means at his expense and to give the Lessee access to it again.
3. use of the premises by the hirer
3.1 The Hirer warrants that the Goods stored in the Box are his property or that the person(s) whose property they are has (have) given him authority to dispose of the Goods and has (have) been permitted to store the Goods in the Compartment.
3.2 The following shall not be stored: Foodstuffs or perishable goods, unless they are securely packaged so that they are protected against infestation by pests and do not attract pests; also unpackaged clothing unprotected against infestation by moths or other pests (especially fur coats), living creatures of any kind; flammable or combustible substances/liquids such as gas, paints, petrol, oil, solvents, lithium batteries, etc.; pressurised gases; prohibited substances/liquids such as gas, paints, petrol, oil, solvents, lithium batteries, etc.; prohibited substances/liquids of any kind such as gas, paint, petrol, solvents, lithium batteries, etc. 3.3 The Hirer is not permitted to bring into the Hirer's premises: pressurised gases; prohibited or unlawfully possessed goods/objects and substances; weapons; explosives, ammunition (unless stored in accordance with the law); chemicals, radioactive substances, biological warfare agents; toxic waste, asbestos or other potentially hazardous materials; anything which may emit smoke, odour or other emissions; any prohibited substances and goods/objects.
3.3 The Hirer and any person entering the Premises with or authorised by the Hirer shall not: 1. use the Box or the Premises in such a manner as to disturb, harm or interfere with any other Hirer or the Owner. 2. to engage in activities which breach the insurance provisions of the insurance taken out by the Hirer or the storage prohibitions under clause 3.2 or which require an official (such as commercial) permit. 3. to allow emissions of any kind to escape from the compartment. 4. obstruct traffic on the premises and third parties in any way.
3.4 The Hirer is obliged to immediately report any damage to the storage box or premises to the Rental Firm and to behave in accordance with the instructions of the staff.
3.5 The Hirer is not permitted to transfer rights from this contract in whole or in part to third parties.
4. alternative storage place
4.1 In the event of an important reason (e.g. necessary repairs, conversions, official instructions, imminent danger, etc.), the Lessor shall be entitled to move the goods to an alternative storage facility of comparable size. The Lessee shall have no claims against the Lessor for this reason. 4.2.
4.2 If goods are moved to a comparable alternative warehouse in accordance with clause 4.1, the existing rental agreement shall remain in force on the same conditions, but for the alternative compartment or warehouse. The Tenant shall not be entitled to a transfer to the originally rented storage space.
5. deposit, rent, terms of payment, default, transfer by way of security
5.1 Security deposit
5.1.1 The Hirer is obliged to deposit 100,- Euro as a non-interest-bearing deposit with the Rental Firm when signing the Rental Contract.
5.1.2 This deposit shall be refunded by the Lessor at the latest 21 days after termination of the tenancy without interest, but reduced by such amount as is necessary to:
18.104.22.168. clean the storage area if this is necessary due to the stored items.
22.214.171.124. repair any damage caused by the Hirer or by any person authorised by the Hirer to the Box or to any other property/facilities located on the Storage Premises or in the Storage Building.
126.96.36.199. to pay any arrears of rent, reminder costs, interest on arrears, removal costs and/or realisation/destruction costs of any items/goods left behind by the Hirer.
5.2 Rent, minimum rental period, due date, payment
5.2.1 The amount of the rental charge is stipulated in the rental agreement (overleaf). The minimum rental period is 6 months and the settlement period is 4 (four) weeks, unless otherwise stipulated overleaf.
5.2.2 The agreed rent shall be based on the calculation of the Landlord, which the Landlord shall review regularly (at least once a year). If the calculation has changed at the time of the review, the rent shall be adjusted accordingly. The landlord shall notify the tenant of any rent adjustments at least 4 weeks before the planned adjustment of the rent, stating the date of the rent increase. The tenant has a special right of termination in the event of a
The tenant has a special right of termination in the event of a corresponding notification of a rent increase, which the tenant must have exercised up to two weeks before the rent adjustment takes effect with effect from the date of the rent increase. The special termination must be in text form (e.g. e-mail).
5.2.3 The first rent payment is due at the start of the tenancy and covers the first settlement period. The due date of the following settlement periods shall be determined by the Tenancy Agreement.
5.2.4 Payments shall first be set off against other costs and ancillary costs, then against interest and finally against the rent claim.
5.2.5 The offsetting of counterclaims of the Tenant against claims of the Landlord is excluded, unless the counterclaim has been legally established or is not disputed by the Landlord.
5.2.6 Business customers who have declared their entitlement to deduct input tax overleaf must, at the Lessor's request, provide proof that the rented space/area is used exclusively for purposes entitling them to (full) deduction of input tax. The tenant undertakes to notify the landlord without delay of any changes in his VAT circumstances relevant to the letting. He shall indemnify and hold the Lessor harmless for false or delayed information, unless he is not responsible for the breach of duty.
5.3 Default, non-payment of rent, lien
5.3.1 In the event that the Tenant is in arrears with payments arising from the tenancy, the Landlord shall be entitled to charge interest on arrears at the statutory rate. In addition, the Lessor is entitled to charge a handling fee for internal expenses (e.g. drafting of letters, internal communication) in the amount of € 15.00 if a payment is due for more than 7 days. The lessee is entitled to prove that no damage has been incurred at all or that the damage is significantly lower than the processing fee. In addition, the Hirer shall bear the collection costs incurred, e.g. collection agency and lawyer's fees.
5.3.2 If a cheque of the Hirer is not accepted by the bank or if a direct debit authorised by the Hirer cannot be executed, the bank's charged costs shall also be incurred.
5.3.3 With regard to outstanding debts, the lessor has the right, in the exercise of its lessor's lien, to refuse the lessee access to the premises. These measures may be taken irrespective of whether or not the landlord has terminated/cancelled the lease. The exercise of this right shall not affect the Tenant's obligation to settle any outstanding claims of the Landlord.
5.4 Transfer of ownership by way of security, substitute measures
5.4.1 In order to secure the Lessor's claims under the Lease Contract, the Lessee shall transfer to the Lessor the ownership as well as all rights to all goods/items brought into the box/warehouse at the time of reference or later ("Collateral"). The transfer of ownership of the security goods shall only take effect if the Hirer is in default with the payment of a claim arising from and/or in connection with the Rental Contract for more than 90 days in whole or in part (but at least more than one month's rent) (= automatic termination of the Rental Contract according to the Rental Contract). The handing over of the security property to the landlord is replaced by the fact that the tenant keeps the security property for the landlord free of charge (§ 930 BGB). If the value
If the value of the securities existing for the Lessor exceeds the Lessor's claims by more than 10% in total, the Lessor shall be obliged to release securities of the Lessee's choice at the Lessee's request. 5.4.2.
5.4.2 The possible replacement measures with regard to the goods/items remaining in the warehouse after termination of the rental agreement are to be taken from the rental agreement.
5.4.3 The Lessor's claims arising from the Lessor's lien shall remain unaffected.
6 Termination of the tenancy agreement
6.1 The possibilities of terminating the tenancy agreement are governed by the tenancy agreement. If notice of termination is given during a rental month, the period of notice shall not commence until the end of that rental month.
6.2 Both parties have the right to terminate the rental agreement in text form (e.g. e-mail) with immediate effect if there is good cause. Good cause for termination without notice by the Lessor shall be deemed to exist in particular in the event of breaches of sections 3 to 6 as well as if the Lessor ceases its business activities at the location of the warehouse for whatever reason.
7 Limitation of the Lessor's liability for damages
Claims for damages by the Hirer against the Rental Firm, irrespective of the type and irrespective of the legal basis, are excluded unless the Rental Firm, the legal representatives, employees or vicarious agents of the Rental Firm have committed the underlying breach of duty intentionally or through gross negligence. In the event of a breach of material contractual obligations due to simple negligence, liability shall be limited to the foreseeable damage typical of the contract. An essential contractual obligation in this sense is one the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the tenant regularly relies and may rely. The limitation of liability shall not apply in the event of culpable injury to life, limb or health.
8.1 The Hirer shall insure the stored goods/items against the usual risks such as fire, burglary, mains water damage, storm and disaster protection to a sufficient amount himself.
8.2 The Lessor has neither an obligation nor an opportunity to check a value declared by the Lessee and is therefore not liable for any underinsurance.
9 No tacit extension of the rental relationship
If the tenant continues the use of the rented warehouse after the expiry of the tenancy agreement, the tenancy shall not be deemed to be extended. The application of § 545 BGB is excluded.
10. other contractual provisions
10.1 All written notices by the Lessor or Lessee shall be sent to the address of the Lessor or Lessee stated in the Lease Contract or to the address of the Lessor or Lessee last notified to the Lessee or Lessor in writing. Both contracting parties shall be obliged to notify the other contracting party in writing without delay of any changes to their address stated in the rental agreement.
10.2 The tenancy agreement shall pass to the legal successors on both sides. The lessor may be replaced by a new lessor by way of a change of contracting party without the consent of the lessee.
10.3 Only the terms and conditions set forth in this Lease Agreement and these General Terms and Conditions shall apply. There are no other additional agreements or verbal collateral agreements.
10.4 The Road Traffic Regulations shall apply on the Lessor's premises. All instructions of the Lessor are to be followed.
10.5 If the buyer does not agree with the solution of a complaint on the part of the internet shop www.bluebox.hr, he is entitled to let a court judge the case. In such cases, the relevant court, the Commercial Court in Pazin in the Croatian Republic, with its seat at the address Molindrio 18, 52440 Poreč, Croatia, shall have exclusive jurisdiction, provided that both parties are merchants, legal entities under public law or special funds under public law.
10.6 Should a provision of the rental contract be or become invalid, this shall not affect the validity of the remaining provisions of the contract.