GTC

• 1 Scope of application

The following General Rental Terms and Conditions shall apply to all rental agreements concluded between Fix Storage (lessor) and its contractual partners (lessees) for the use of storage space (rental property) for the storage of movable items (stored goods).

General terms and conditions of the tenants do not become part of the contract, unless they are expressly included by written agreement between the landlord and the tenant.

• 2 Subject matter of the contract

The Lessor shall let the leased property to the Lessee for the exclusive purpose of storing movable property in accordance with these General Terms and Conditions of Lease.

The Lessor expressly does not assume any duty of care with regard to the items brought into the Leased Property by the Lessee, i.e. does not act as a warehouse manager or as a guardian or custodian of the items brought in by the Lessee.

• 3 Condition of the rental object

The Lessee has inspected the leased property prior to the conclusion of the contract and, by signing the lease agreement, acknowledges that the leased property is suitable for the storage of its stored goods and is free of any identifiable defects. If the leased property proves to be unsuitable for the storage of the Lessee’s stored goods, the Lessor shall not be liable for any damage incurred by the Lessee as a result. Upon takeover, the tenant has to check the rental property again and immediately notify the landlord of any damage or contamination.

Deviations from the agreed storage area or the agreed storage volume of +/- 10% are irrelevant and do not constitute a defect of the rental object. The area or volume calculation is performed according to the external dimensions of the area or room delimited by walls and the ceiling.

• 4 Permitted use

1. The leased property may be used exclusively for the storage of permissible stored goods in accordance with § 5 of these General Terms and Conditions of Lease. Any other use, in particular as an office, business address, residential space, as well as for purposes or activities that require commercial or other official approval, are not permitted.
2. The leased property, including common facilities, is to be treated with care by the tenant and kept in a clean and immaculate condition.
3. Structural changes to the storage space, fixings to the floor, walls or ceilings may not be made by the Lessee without the prior written consent of the Lessor.
4. The stored goods must be stored in such a way that the stored goods do not pose a risk to the legal interests of the Lessor or other third parties, in particular that the stored goods cannot tip over, collapse or slide down.
5. The tenant must use the rental property and common facilities in such a way that other tenants are not disturbed or impaired. In particular, the Lessee is not permitted to temporarily park or permanently store his stored goods or other items brought by him, e.g. transport and loading devices, outside his own rental property. Escape routes in particular must be kept clear at all times.
6. If the Lessee, a person accompanying him or commissioned by him or any other vicarious agent of the Lessee culpably violates the provisions of this § 4 and if the Lessor suffers damage as a result of this misconduct, the Lessee shall compensate him for this damage.

• 5 Permissible stored goods

1. The Lessee guarantees that he is the sole owner or in any case the authorized owner of the stored goods brought in and shall indemnify the Lessor against any disadvantages, in particular costs, incurred by the Lessor as a result of a claim by third parties in respect of the ownership or rights of possession of the stored goods brought in.
2. Only items that do not emit moisture or foul odors and that do not pose a risk to the property and legal interests of the Lessor, the other Lessees or other third parties or to the environment may be stored in the Leased Property.
3. Food may be stored only if it is packaged in such a way that it cannot spoil or be attacked by vermin and animals during the storage period.
4. In particular, the storage of the following items is expressly prohibited, without this list being exhaustive:

• Living creatures of any kind such as animals, fish, insects, birds
• Plants of any kind;
• Highly flammable and easily combustible substances and objects, especially those with a tendency to self-ignition, including LPG, gasoline, diesel fuel, heating oil, kerosene, benzene, rubbing alcohol or methyl alcohol, turpentine substitute, acetone, acetylene, aerosol cans including room sprays, hair sprays, paints, varnishes and de-icers for windshields, hydrogen, acetylene
• Explosive Substanzen oder Gegenstände, insbesondere Druckgase, Gasflaschen, Propangas und Butan, Feuerwerkskörper und Sprengstoffe jeglicher Art
• Radioactive substances
• Toxic substances, especially chemicals, methyl alcohol, stain removers, pesticides, herbicides, artificial fertilizers, cleaning agents, paint thinners, wood preservatives, paint removers.
• Corrosive substances, especially acids, alkalis, drain cleaners, descalers, caustic soda, oven and WC cleaners;
• Weapons of any kind, ammunition, warfare agents of any kind
• Garbage and waste materials of any kind, including wrecked cars and motorcycles and parts thereof that are no longer usable or recyclable;
• Perishable substances or items and things or goods that may be infested with vermin;
• Valuables, in particular cash, precious metals as well as precious stones and jewelry made from them, fur articles, art objects collectibles and irreplaceable items as well as securities of any kind
• Illegal substances, especially narcotics/drugs;
• items originating from criminal acts, especially smuggled or stolen items;
• Asbestos and any materials containing asbestos
• Oxidizing substances and preparations such as peroxides, chlorates, nitric and perchloric acids;
• Irritants of any kind, especially eye and nose and throat irritants
• Environmentally harmful substances and preparations, especially CFCs, PCBs and PCTs;
• Substances that are harmful to health, carcinogenic, mutagenic, or toxic to reproduction.
• Heavy metals, especially mercury in thermometers, cadmium and zinc batteries, lead and copper;
• Sensitizing substances and materials;

• 6 Subletting/change of tenant or landlord

1. Subletting or any other transfer of use of the leased property by the Lessee to third parties, whether in return for payment or free of charge, is not permitted without the Lessor’s prior written consent.
2. The lessor has the right to transfer this contract to another company at any time.
3. The transfer of rights and obligations under this contract by the tenant to a subsequent tenant requires the prior consent of the landlord. In the case of commercial tenants (companies), a transfer also includes a change in the owner or a personally liable partner. The lessor will not refuse consent if there is no important reason for refusal in the person or purpose of use of the subsequent tenant.

• 7 Access to the rental object by the tenant

1. The tenant gets access to the rental property daily in the period from 06:00 to 22:00.

The Lessor is entitled to change the general opening hours at any time with 14 calendar days’ notice. Text form (SMS or e-mail) is sufficient for advance notice. For the rest, the opening hours are announced by notice.

2. Access to the warehouse is secured by means of electronic locks. Upon conclusion of the contract, the tenant receives a personal access code, which allows him to enter the warehouse. The Lessor reserves the right to change the technical design of the access – In this case, the Lessor will inform the Lessee of the impending change with a notice period of at least one month and provide the Lessee with unhindered access to the leased property.
3. If the Lessee forgets the access code, the Lessor will provide the Lessee with a personal code. The communication of the personal code cannot be transmitted by phone, e-mail or SMS for security reasons. The access code may only be provided to the persons specified in § 7 Sec. 6 named authorized persons.
4. The Lessor shall not be liable if the Lessee is denied access to the storage hall due to technical faults, unless the technical fault was caused by the Lessor or its vicarious agents intentionally or through gross negligence. In such a case, however, the tenant is obliged to inform the landlord immediately so that the landlord can take remedial action.
5. The tenant shall lock the storage room when leaving it and keep it locked during his absence. The landlord is not obliged to monitor this or to lock a storage room not locked by the tenant.
6. Apart from the Lessee, the storage hall as well as the storage space provided to the Lessee may only be entered by persons to whom the Lessee has granted power of attorney in writing by naming these persons to the Lessor upon conclusion of the contract or later during the term of the contract or who accompany the Lessee when entering the storage hall. If the Lessee leaves the access code to unauthorized third parties, this is done at the Lessee’s risk.
7. The Lessor is entitled, but not obliged, to demand identification from any person wishing to enter the warehouse and, if such identification cannot be presented, to refuse entry to the person concerned.

• 8 Entry of the leased property by the lessor

1. The Lessor shall be entitled to enter the leased property after giving notice of at least 7 days in advance if this is necessary to carry out legally required inspections, repair or maintenance work or other measures to maintain or improve the functionality of the warehouse or the leased property.
2. The Lessee is obliged to inform the Lessor of the possibilities of carrying out measures according to § 8 item. 1 and is not entitled for this reason to reduce the rent or to terminate the lease agreement in whole or in part.
3. Bei Gefahr in Verzug sowie auf Aufforderung einer staatlichen Behörde, insbesondere der Polizei, der Feuerwehr oder der Staatsanwaltschaft ist der Vermieter berechtigt, das Mietobjekt ohne vorherige Ankündigung zu öffnen, zu betreten und/oder Vertretern der staatlichen Behörden auf deren Verlagen den Zutritt zu verschaffen. In this case, however, the landlord must immediately inform the tenant of the measure. In such a case, the Lessor is entitled, but not obliged, to carry out an inventory.

• 9 Change of the rental object during the contract period

1. The lessee already now gives his consent to a change of the rental object during the contract period within the warehouse, if there is an important reason for this. In all cases of a move required under § 9, the parties shall set out the associated changes to the contract in writing.
2. An important reason exists in particular if a change of the storage room is necessary to carry out necessary repair, maintenance or conversion work or due to an official instruction or if there is imminent danger.
3. If this is feasible under the circumstances, in particular if the necessity of the move is foreseeable for the Landlord, the Landlord shall inform the Tenant of the necessity of the move 14 days in advance.
4. The tenant is obligated to enable the necessary relocation and to cooperate in this as far as necessary. If the tenant does not meet this obligation within the period of § 9 para. 3 or if there is imminent danger, the Lessor shall be entitled to open the rented storage room and to transfer the stored goods to another storage room in accordance with § 9 Para. 5 to spend. In this case, the Lessor shall only be liable for damage to the Lessee’s stored goods in the event of intent and gross negligence.
5. The new rental property must be comparable in type and size. Deviations from the agreed storage area or the agreed storage volume of +/- 10 % are irrelevant. The area or volume is calculated according to the external dimensions of the area or room delimited by walls and walls. If the landlord cannot provide comparable storage space, the tenant may claim a reasonable rent reduction or terminate the contract within 14 days.
6. The costs of a necessary move within the meaning of this Section 9 shall be borne by the Lessor, unless the necessity of the move is the responsibility of the Lessee.
7. After the necessary relocation has been carried out, the lease will otherwise be continued on the agreed terms. There shall be no claim to subsequent renewed transfer of use of the original storage space in the cases of § 9.

• 10 Defects of the rental object/liability

1. The leased property is left in the condition in which it is at the beginning of the lease.