GENERAL TERMS AND CONDITIONS FOR STORAGE SPACE RENTAL (ARTICLE 7:230A DCC)
Last updated: 15 May 2024
1. Definitions
2. Applicability
3. Rental Period and Renewal
4. Termination
5. Payment
6. Use and Condition of the Space
7. Relocation of Space
8. Security and Access
9. Insurance and liability
10. Access for Inspection and Maintenance
11. Environmental and Safety Compliance
12. End of Rental Checklist
13. Emergency Procedures
14. Force Majeure
15. Governing Law and Disputes
16. Final Provisions
1
Definitions
In these General Terms and Conditions, the following definitions apply:
a) easyStorage: The party acting as the Landlord, as shown in the Rental Agreement;
b) Tenant: the individual or legal entity entering into a rental agreement with easyStorage;
c) Space: The lockable storage unit provided by easyStorage;
d) Rental Agreement: The agreement between easyStorage and the Tenant, to which these General Terms and Conditions apply;
e) Storage period: The agreed period in which the Tenant rents the Space;
f) Total rent: The total fee (including VAT) that the Tenant owes to easyStorage for the agreed storage period.
2
Applicability
2.1 These General Terms and Conditions apply to all Rental Agreements between easyStorage and the Tenant with regard to the rental of Space as referred to in Article 7:230a of the Dutch Civil Code.
2.2 Deviations from these Terms and Conditions are only valid if agreed in writing.
2.3 Any General Terms and Conditions of the Tenant do not apply, unless explicitly accepted in writing by easyStorage.
3
Rental Period and Renewal
3.1 The Rental Agreement is entered into a minimum period, specified in the agreement.
3.2 At the end of the minimum rental period, the agreement is automatically renewed on a monthly basis, unless one of the parties gives written notice of termination with notice period of at least 30 days.
4
Termination
4.1 The Tenant may terminate the agreement with notice 30 days’ written notice.
4.2 easyStorage may terminate the agreement with 30 days’ written notice.
4.3 Immediate termination by easyStorage is permitted if: a. the Tenant fails to meet obligations and does not rectify the breach within a reasonable period after a reminder; b. there is non-payment or inability to pay; or c. there is serious unauthorized use of the Space.
5
Payment
5.1 Rent is payable monthly in advance.
5.2 Payment is made by direct debit, unless otherwise agreed.
5.3 In case of late payment, the Tenant is in default without further notice. Statutory interest and reasonable collection costs will apply.
5.4 easyStorage is entitled to suspend access to the Space with immediate effect in the event of payment arrears.
6
Use and Condition of the Space
6.1 The Space is intended solely for the storage of goods.
6.2 Use as a living or working space is strictly prohibited.
6.3 The Tenant must maintain the Space in a clean, safe, and orderly condition.
6.4 Prohibited items include:
- Hazardous, flammable or environmentally harmful materials;
- Illegal items or those contrary to public order or morality;
- Live animals or perishable goods;
- Items emitting odors or causing nuisance;
- Items consist of weapons, ammunition, explosives, drugs or chemical substances;
- Cash, jewelry, securities, or irreplaceable items without written consent;
- Devices emitting energy (unless part of an approved vehicle);
- Waste, food or hazardous liquids;
- Goods requiring a storage permit.
6.5 The floor load may not exceed 250 kg per m², unless otherwise agreed.
7
Relocation of Space
7.1 easyStorage may reasonably request the Tenant to relocate to a comparable Space within the same facility, subject to a notice period of at least 30 days.
7.2 The Tenant is obliged to cooperate with such a request.
8
Security and Access
8.1 easyStorage provides appropriate security measures, which may include surveillance, access control, and alarm systems.
8.2 The Tenant receives a personal access code which is strictly personal and may not be shared.
8.3 easyStorage is entitled to temporarily block access in the event of security problems or misuse of the access code.
8.4 The Tenant is obliged to lock the room properly after each visit.
9
Insurance and liability
9.1 The Tenant is responsible for insuring stored goods against damage, loss, fire or theft.
9.2 At easyStorage's request, the Tenant must be able to provide proof of insurance.
9.3 easyStorage is only liable for direct damage caused by intent or gross negligence, with a maximum of the agreed rent on an annual basis in accordance with the agreement.
9.4 easyStorage is not liable for indirect or consequential damages, including loss of revenue, profits or data.
10
Access for Inspection and Maintenance
10.1 easyStorage is responsible for facility maintenance.
10.2 The Tenant must grant easyStorage access to the Space for necessary maintenance and inspections.
10.3 Damage due to misuse is at the expense of the Tenant.
10.4 Modifications or alterations to the Space are not permitted without the prior written consent of easyStorage.
10.5 Without prejudice to paragraph 2, easyStorage may inspect the Space at any time if there is reasonable suspicion of prohibited use.
10.6 Without prejudice to paragraphs 2 and 5, easyStorage is permitted to gain direct access to the Space in the event of an emergency without prior notice.
11
Environmental and Safety Compliance
11.1 The Tenant must comply with all applicable environmental and safety regulations.
11.2 Violations of the environmental and safety regulations referred to under 1 are at the expense and risk of the tenant.
11.3 The Tenant indemnifies easyStorage against damage or liability as a result of environmental damage caused by stored goods.
12
End of Rental Checklist
Upon termination of the lease, the Tenant must:
a) To completely vacate the Space and leave it in the original state in which the Space was when the lease was entered into;
b) Remove all goods behind, unless otherwise agreed in writing;
c) Deliver the Space clean and free of marks;
d) Take a photo of the empty Space and send it to easyStorage;
e) Return all access devices (key, card, code);
f) Report any damage to easyStorage;
g) Coordinate the final inspection with easyStorage in a timely manner.
13
Emergency Procedures
13.1 In emergency situations, the Tenant must follow the instructions of easyStorage.
13.2 The Tenant is not allowed to store goods that block emergency exits.
13.3 easyStorage periodically organizes safety instructions and emergency drills. The Tenant is obliged to cooperate with this.
13.4 In case of fire, burglary, or accident, the Tenant must report immediately via easyStorage's emergency number: 085 744 4404.
13.5 easyStorage ensures that first aid equipment, fire extinguishers and evacuation plans are present in visible places.
14
Force Majeure
14.1 easyStorage is not liable for damage or non-performance as a result of force majeure, which includes, but is not limited to: fire, flood, pandemics, power failure, government measures and other circumstances beyond its control.
14.2 During force majeure, easyStorage is entitled to suspend its obligations.
14.3 If the Space cannot be used for more than 30 days due to force majeure, each of the parties is entitled to terminate the agreement without penalty.
14.4 easyStorage will strive to minimize the impact of force majeure.
15
Governing Law and Disputes
15.1 Dutch law applies to the Rental Agreement.
15.2 Disputes should be resolved amicably where possible. If necessary, the competent court in the district of the storage location has jurisdiction, unless otherwise mandated by law.
16
Final Provisions
16.1 If any provision in the Rental Agreement or these General Terms and Conditions is invalid, the remaining provisions will remain in full force and effect. The invalid provision is replaced by a provision that comes closest to the purpose.
16.2 easyStorage reserves the right to amend these General Terms and Conditions with changes announced at least one month in advance.