GENERAL TERMS AND CONDITIONS OOMEN STORAGE
Article 1. DEFINITIONS
Article 2. APPLICABILITY
Article 3. THE AGREEMENT.
Article 4. commencement, duration, termination and cancellation.
Article 5. DESTINATION AND USE RENTAL
Article 6. PERSONAL DATA.
Article 7. RETURNS AND RETURNS RENTED
Article 8. INVOICE AND PAYMENT OF RENT
Article 9. CHANGE IN RENT
Article 10. DELAY
Article 11. SECURITY DEPOSIT, EXPENSES AND PENALTIES
Article 12. MAINTENANCE AND REPAIR OF DEFECTS
Article 13. PROHIBITIONS
Article 14. ENTRY TO AND EXIT FROM LEASED PREMISES
Article 15. LIABILITY
Article 16. INSURANCE
Article 17. PANDRECT
Article 18. COMMUNICATIONS
Article 19. REMEDIES
Article 20. APPLICABLE LAW AND COMPETENT COURT
Article 21. RANKING SCHEME
Article 22. STATUTE OF LIMITATIONS AND FORFEITURE
Article 23. CHANGE
Article 24. OTHER
Article 1. DEFINITIONS
General Conditions: these General Conditions of Oomen Storage
Lessor: Oomen Opslag B.V., established at the Taanderstraat 2 in Katwijk
Tenant: the natural or legal person with whom Landlord has entered into an Agreement.
Rented: the space that is independently part of the complex, and/or a storage area such as -but not limited to- a bulk area, container or wooden box.
Rent means the fee payable by Tenant to Landlord each month for the use of the Leased Premises
Agreement: the “Oomen Storage Agreement” which is on the one hand
entered into by Landlord and on the other hand by (or on behalf of) Tenant, in which Tenant is granted the right to use the Leased Premises.
My Oomen Storage: The online portal https://mijn.oomen.com/ where all information can be found
Parties Landlord and Tenant
Article 2. APPLICABILITY
1. These General Conditions apply to and form part of all Oomen Storage’s agreements between Landlord and Tenant.
Article 3. THE AGREEMENT.
The Agreement is established:
By placing an order through order.oomen.com or my.oomen.com;
By accepting an offer from Oomen Storage;
By orally or electronically (re)ordering a storage unit at one of Landlord’s locations;
As soon as Tenant actually occupies a storage unit from Landlord.
Article 4. commencement, duration, termination and cancellation.
Unless otherwise agreed upon, the lease is entered into for an indefinite period of time, commencing on the online selected effective date, which can be found in the confirmation and on My Oomen Storage.
Either Party may terminate the lease for an indefinite period at any time by giving one month’s notice.
When a fixed-term lease is entered into, the lease is converted to an indefinite-term lease upon expiration with one month’s notice.
In case of cancellation/cancellation before the effective date of the contract, one month’s rent is due in case of indefinite storage period.
Rental of fixed-term storage space is not terminable in advance or mid-term.
For cancellation of additional services, such as transportation, placement of a storage box in front of the door, moving assistance, etc, 80% of the agreed amount will be charged.
The cooling-off period for revoking distance sales does not apply.
Article 5. DESTINATION AND USE RENTAL
Landlord lets the Tenant storage space or a storage container in accordance with the provisions of the “Oomen Storage Agreement” for the sole purpose of storing (permitted) goods.
The rented object is known under the container number that can be found in My Oomen Storage and in the confirmation. The rented object is known to the parties and they do not require any further description of it.
During the term of the agreement the renter is obliged to keep the rented object in good condition and without defects, except for normal wear and tear and ageing.
The renter is obliged to use the rented object in accordance with article 1.1 of the agreement. The Hirer is not permitted to give the Subjects any other purpose.
The Contract is personal and the Hirer agrees that it is forbidden to transfer the Contract to third parties without the prior written consent of the Landlord. The right to use the Subjects may only be exercised by the Tenant.
The Tenant expressly acknowledges and agrees that nothing in the Contract or the General Conditions may be interpreted as granting the Tenant a right of ownership or any other right in rem over the Subjects. Furthermore, the Landlord shall never act as keeper, guardian or custodian of the Leased Premises and/or the goods stored therein by the Tenant.
The Tenant shall be obliged to use the Leased Premises in such a way as not to contravene the Contract, the General Conditions, any law, any
local ordinance or a regulation of the government, utilities and insurers.
The Tenant may not cause any hindrance or nuisance when using the building or complex of which the Subjects form part.
The Tenant shall be obliged to take appropriate measures in good time to prevent damage to or in the Subjects or the complex of which the Subjects form part. The Tenant must notify the Landlord immediately of any damage that has occurred.
The Tenant must always lock the Subjects properly.
The Tenant understands and accepts the safety and security level of the Subjects and the complex in which the Subjects are located. Landlord is not liable for Tenant’s safety and security expectations.
All dimensions of the Rented are estimates. Any deviation between the actual size of a storage unit and the size indicated in the Agreement does not give either party any right and can never result in a price adjustment.
Tenant is not entitled to the use of any specific storage unit. Landlord shall at all times have the right to propose an alternative storage space as well as the right to require Tenant to move the goods to the proposed alternative storage space, provided that prior notice is given observing at least 14 days.
Article 6. PERSONAL DATA.
If Tenant is a natural person, upon entering into the Agreement, by signing it, Tenant provides permission to Landlord to include/process Tenant’s personal data in a file.
Tenant is responsible for complying with provisions of the General Data Protection Regulation (AVG). Tenant must take this into account when storing privacy-sensitive items such as -but not limited to- medical records and/or attorney files. Landlord is not familiar with the contents of the Rented Property.
Article 7. RETURNS AND RETURNS RENTED
The Tenant confirms by signing the Agreement that the Tenant has visited and inspected the Rented Property, that the Rented Property is suitable for the legal and agreed purpose and use that the Tenant expects to make of it, and that the Tenant accepts the Rented Property in good condition. If the Tenant did not have the opportunity to inspect the Subjects when it signed the Agreement (digitally or otherwise), the Tenant must notify the Landlord immediately in writing of any damage or defects to the Subjects.
At the end of the Agreement, the Tenant shall be obliged to return the Subjects to the Landlord clean, completely vacated, unlocked, swept clean and in the same condition as on the commencement date of the Agreement (all this subject to normal wear and tear). If the Tenant fails to do so, the Tenant shall reimburse the Landlord for the costs incurred by the Landlord in order to repair any damage.
All goods left behind by the Tenant in the Leased Premises after the termination of the Lease shall be deemed to have been either surrendered by the Tenant to the Landlord ‘free of charge’ or surrendered (res derelicta), at the Landlord’s option. The abandoned property will be removed by Landlord at Tenant’s expense. Tenant shall remain fully liable for all costs and damages resulting from the abandonment of such property. Landlord is hereby irrevocably authorized by Tenant to sell its goods, if any.
Article 8. INVOICE AND PAYMENT OF RENT
The rental price is taxed with VAT and amounts to the amount agreed upon during the (online) order. The initial rental price can be found in the confirmation.
Landlord invoices monthly unless otherwise agreed upon.
Landlord may, in its sole discretion, prepare paper or electronic invoices for sending invoices and use the e-mail address provided by Tenant for that purpose.
Payment of the Rent due shall be made in advance by direct debit, unless expressly agreed otherwise.
Rent is collected each month approximately 7 days before the start of the next rental period.
If the direct debit has failed for any reason, the amount due must be credited no later than 3 days before the start of the next rental period.
Per failed or reversed collection, tenant will owe €15 in administrative costs.
If no Rent has been agreed upon, Landlord shall be entitled to a Rent to be determined in equity and fairness.
Article 9. CHANGE IN RENT
Landlord is entitled to unilaterally adjust the Rent each year on January 1 and July 1.
Tenant accepts in advance an adjustment of the Rent referred to in the first paragraph if the increase in the Rent is equal to or less than inflation + 10% on an annual basis. If the increase in the Rent is higher, the Tenant is entitled to terminate the Lease in writing – within 14 days after the Landlord sends the Tenant a written notice of rent adjustment – as of the day on which the adjusted Rent applies, and subject to the applicable provisions in Article 17 of these Terms and Conditions.
A discount given to the Tenant shall not affect the Landlord’s right to adjust the Rent.
Article 10. DELAY
The Tenant shall be in default immediately, without notice of default, by the mere expiry of a specified period, including the period within which the monthly rent must be paid, or by an actual conduct of the Tenant that is contrary to the Contract, the General Terms and Conditions and/or the law.
The Landlord shall send a payment reminder after the expiry of the payment term and shall give the Tenant the opportunity to still pay within 14 days after receipt of this payment reminder. If after the expiry of the term set in the payment reminder has still not been paid, the Landlord shall be entitled to charge the statutory interest from the expiry of the payment term, as well as the extrajudicial collection costs reasonably incurred by it. The amount of these extrajudicial collection costs is subject to legal limits.
In the event of non-timely payment of the Rent by Tenant who is not a consumer, the extrajudicial collection costs due will be at least 15% of the unpaid amount. The foregoing shall apply without prejudice to the Landlord’s right to charge the Tenant for any higher costs incurred by it.
If the Landlord feels compelled to institute legal proceedings against the Tenant, all costs involved, including in any case the costs incurred by the Landlord for legal assistance and the costs of the proceedings, shall be payable in full by the Tenant.
If the Tenant is in default, the Landlord shall have the rights referred to in Article 17 of the General Conditions, including the right to lock up the Subjects by means of an additional lock of which only the Landlord has the key. The Landlord shall also be entitled to undo the access PIN to the complex of which the Subjects form part. The Tenant will subsequently only be able to gain access to the Subjects by fulfilling its obligations.
If the Tenant is in default of the Contract or the General Conditions, other than late payment of the rent, the Tenant will forfeit to the Landlord an immediately payable penalty as provided for in the Contract. The foregoing is without prejudice to Landlord’s right to full damages to the extent that the damages suffered exceed the forfeited penalty.
Article 11. SECURITY DEPOSIT, EXPENSES AND PENALTIES
If agreed upon, Tenant shall deliver a deposit to Landlord. Tenant shall not be entitled to set off any amount against the security deposit, nor to any interest.
Landlord may recover from this security deposit all unpaid rental payments, fees and costs resulting from a failure to comply with the Agreement or the General Conditions.
As soon as the Landlord has claimed the security deposit, the Tenant shall be obliged to immediately provide a new security deposit or to supplement the security deposit to the aforementioned amount.
If the Rented Property is not handed over by the Tenant in the same condition (at least clean and tidy) as when the Agreement commenced, the Landlord shall clean the Rented Property at the Tenant’s expense. The costs of this will be at least €50 excluding VAT.
Goods left behind in the Rented Property, within the premises or on the Landlord’s premises will be removed by the Landlord at the Tenant’s expense. This is subject to a minimum of €80 per m3 excluding VAT, with a minimum charge of €250 excluding VAT per time.
If the Tenant calls up his storage box at the Landlord’s automatic self-storage, but does not arrive within the reserved time period, a no show fee of €20 excluding VAT will apply.
Article 12. MAINTENANCE AND REPAIR OF DEFECTS
The Landlord shall at all times have access to the Subjects in order to carry out (or cause to be carried out) work and investigations within the framework of maintenance, repair, renovation and extension, repartitioning, including the installation of additional facilities.
Renovation and/or repair/maintenance work of or to the Subjects shall not constitute a breach of contract by the Landlord, even if such work on the one hand (temporarily) restricts or prevents the enjoyment and use of the Subjects and on the other hand causes the Landlord to gain access to the Subjects. The Tenant shall tolerate the renovation and/or repair/maintenance work and give the Landlord the opportunity to do so, without being entitled to a reduction in the rent or any other payment obligation, full or partial dissolution of the Lease and/or damages as a result of the renovation and/or the work.
The Tenant shall take the necessary precautions in order to prevent damage to the Rented Property or the property of third parties. In the event of damage to the property of third parties or Landlord’s property, Landlord shall at all times be entitled to perform remedial work at Tenant’s expense. Tenant agrees to pay the invoices for such remedial work within 7 days of the mailing of an invoice.
In the event that Landlord requires access to the Leased Premises or if the property stored by Tenant in the Leased Premises needs to be moved from the Leased Premises for the purposes set forth above, Landlord will notify Tenant if time and circumstances permit. If necessary, Landlord shall request Tenant to move the goods to another storage area within a reasonable time. If Tenant fails to do so, Landlord may enter the Rented Premises in order to move the goods stored therein, with due care but at Tenant’s risk, to another storage space itself.
Article 13. PROHIBITIONS
Tenant is not permitted to:
use the Rented Property in the service of illegal, criminal or immoral activities, including, but not limited to, tax fraud activities;
to use the Leased Premises as a workshop;
conduct commercial activities from the Leased Premises;
to use the Leased Premises as an establishment, domicile or registered office of a corporation;
transfer the access code;
grant third parties access to the Premises and/or the Rented Property without the Tenant’s supervision;
subletting all or part of the Rented Property or otherwise giving it in use to third parties;
to change the shape, appearance or arrangement of the Rented Property without the prior written consent of Landlord;
to anchor objects to the floor, walls or ceiling in any manner without the prior written consent of Landlord;
to bring or store items in or near the Rented Property with the result that a higher than normal fire insurance premium and/or higher excess for building or inventory and property would have to be charged to Landlord or other Tenants;
to connect electrical appliances or other devices or services in the Rented Property without the Landlord’s prior written permission. In case of written permission, the electrical appliances or other appliances or services must always be switched off in the absence of the Tenant;
The Tenant is not allowed to leave garbage or (parts of) goods outside the Rented Property. In case of violation of this provision the Hirer forfeits a fine as regulated in the Agreement.
The Tenant is STRONGLY PROHIBITED from storing the following goods in the Leased Premises (this list is not exhaustive):
any object that gives off smoke, odors or smells;
animals or any other living organism;
waste and all types of waste (including animal and toxic/hazardous waste);
food and other perishable items unless they are packed so tightly that they will not attract vermin or cause any other form of nuisance;
firearms, explosives or ammunition;
illegal substances and goods such as drugs, illegal items or goods obtained illegally such as contraband or stolen goods etc.;
chemicals, radioactive materials, biological agents;
asbestos and/or blue leather;
(artificial) manure;
gas cylinders and/or batteries;
fireworks;
car and/or motorcycle wrecks: the storage of (vintage) cars and/or motorcycles that are not wrecks is permitted on the understanding that a protective tray or protective mat approved by the lessor is present under the car and/or motorcycle in order to prevent leaking oil from damaging the environment, also the presence of fuel in the designated fuel tank must be kept to a minimum, moreover, adequate insurance must be maintained by the Renter for these cars and/or motorcycles at all times since cars and/or motorcycles are not covered under the insurance taken out with the lessor;
flammable and combustible materials or liquids including gasoline and diesel (but excluding the minimum allowed for cars and/or motorcycles as stated above);
any other potentially toxic, flammable or hazardous substances or preparations listed as such under applicable laws or local regulations, such as:
explosive substances and preparations such as aerosols (including air fresheners, hairspray, car paint, varnish and car window defroster), sprays and (liquid) gases such as LPG, hydrogen, acetylene, propane and butane;
oxidizing substances and preparations such as hydrogen and other peroxides, chlorates, strong nitric and perichloric acids;
(Very slightly) flammable substances and preparations, such as petroleum, benzene, fire alcohol or methanol, turpentine, white spirit, acetone, paint, window defroster, air freshener, contact and neoprene adhesive;
(highly) toxic substances and preparations such as methanol, defoliants, pesticides;
harmful substances and preparations such as cleaning products, paint thinners, wood protection products, paint stripping products;
caustic substances and preparations such as drain unblocker, descaler, caustic soda, strong acids, stripping products such as oven and toilet cleaners;
irritant substances and preparations;
sensitizing substances and preparations;
carcinogenic substances and preparations;
mutagenic substances and preparations;
substances and preparations toxic to reproduction;
environmentally hazardous substances and preparations such as CFCs, PCBs and PCTs; pesticides and heavy metals such as mercury in thermometers, cadmium and zinc from batteries, lead and copper, pesticides (pesticides and herbicides);
Toxic, flammable or hazardous substances can usually be identified by the symbols below:
Oxidizing gases, solids and liquids that can cause or intensify fires and explosions.
Chemicals with this label are acutely toxic on skin contact. Inhalation or ingestion may be fatal.
The meaning of this label may vary from product to product:
Causes acute poisoning
Causes skin sensitization and skin and eye irritation
Irritating to respiratory system
Narcotic, causes drowsiness or dizziness
Hazardous to the ozone layer
Products with this label are harmful to the environment and cause water poisoning.
This pictogram warns of flammable gases, aerosols, liquids and solids.
A product with this label contains gases under pressure:
Pressurized gas that can explode when heated
Refrigerated gas that can cause burns or injury from extreme cold
Dissolved gases
This pictogram warns of explosive, self-reactive substances and organic peroxides that can explode when heated.
A substance with this pictogram is corrosive and can cause severe burns and eye damage. The substance is also corrosive to metals.
If the Tenant acts in violation of this Section 11, the Tenant shall be liable to the Landlord for all damages suffered by the Landlord and third parties as a result thereof. The Tenant takes note that the Landlord will not inspect the goods stored by the Tenant in the Leased Premises and that the Landlord will not check whether the goods stored by the Tenant in the Leased Premises are suitable for storage or whether they comply with the statutory provisions and the provisions and/or restrictions of the Agreement and General Conditions.
In the event that it is suspected that the Tenant is in breach of the Contract or the General Conditions, more specifically in breach of this Article 11, the Landlord shall have the right to notify the competent authorities in this regard and to grant access to the Rented Property for verification purposes (all costs of which shall be borne by the Tenant). Landlord may, but is not obliged to, notify Tenant of this.
Article 14. ENTRY TO AND EXIT FROM LEASED PREMISES
The Tenant shall comply with and follow all (safety) instructions given by the Landlord.
Entering and leaving the Subjects and the Landlord’s complex
Tenant will be given a personal access code or other means by which access to Landlord’s complex is obtained. Each time Tenant wishes to access the Rented Property, it must use that means.
Tenant may not enter or leave Landlord’s complex by entering/exiting with or through another Tenant without using the personal access code or other means provided specifically for access to the Leased Premises.
Tenant shall always ensure that all doors and gates are closed after entering or leaving Landlord’s complex.
An access code or other means specially provided for access to the rented property is strictly personal and may in no case be used by third parties.
Unless otherwise agreed, the Rented is accessible to the Tenant during the Landlord’s opening hours. Access outside these permitted hours and days is not permitted.
Tenant may occupy the Rented Premises only during the opening hours specified by Landlord and only with Landlord’s assistance and supervision.
Landlord is not responsible for any temporary technical failures, snow or inconveniences, etc., that prevent Tenant from entering or leaving the Rented Premises or that make the use of the elevators impossible.
Procedure in case of emergency/fire
Tenant is responsible for becoming familiar with safety procedures in the event of an emergency or fire and for learning the fire and escape routes. Tenant must never block emergency exits and must leave these exits clear at all times. Tenant may only use the emergency exits in the event of situations requiring emergency evacuation such as fire or power failure. In the event of misuse, Landlord shall recover from Tenant all costs caused thereby.
Within the complex of Landlord
The speed limit for motorized vehicles at all times is the lesser of (a) a safe speed or (b) 15 km/h. Parking is permitted only in designated areas. Within the complex, the legal traffic regulations apply.
A strict smoking ban applies within the Landlord’s complex.
The use of trolley cars, motor vehicles, elevators or any other equipment provided by the Landlord is always at the Tenant’s own risk. Tenant is obliged to ensure that children do not use or operate the equipment provided by Landlord. Within Landlord’s complex, children may not be left alone anywhere. Trolley trolleys owned by Landlord may not be stored in the Rented Property by Tenant under penalty of a fine specified in the Agreement.
Tenant may not store any goods if doing so will exceed the maximum load capacity of the floor. Tenant is responsible for complying with this and Tenant must discuss the maximum load capacity with Landlord.
Goods in the Rented Premises must always be stored in a safe manner without putting pressure on the walls. Landlord is not responsible and assumes no liability for injuries and/or damages caused by or to goods stored by Tenant in the Leased Premises.
Landlord has no obligation to accept goods for Tenant.
Article 15. LIABILITY
The goods stored in the Rented are entirely at the risk of the Tenant. The Landlord has no knowledge of the kind and nature of the goods stored in the Leased Premises, nor does it exercise any control thereon. Liability of Landlord for damage to goods of Tenant is in principle excluded, unless there is intent or conscious recklessness of Landlord. Tenant is aware that storage units in automatic self-storage or, in case of delivery, may move by road. Tenant must set up the storage unit in such a way that the contents cannot be damaged during movement.
Landlord is, except in case of gross fault or gross negligence, not liable for direct or indirect damage caused to the person or goods of Tenant or third parties by:
visible and invisible defects to the Rented Property or the complex of which the Rented Property is a part;
weather conditions;
stagnation in the accessibility of the Rented Property;
stagnation of gas, water, electricity, heat, ventilation or air treatment;
malfunction of the installations and equipment;
inflow and outflow of gases or liquids;
fire, explosion and other occurrences;
disturbance in the enjoyment of the rented property; disturbance or shortcomings in the deliveries and of services.
Tenant shall be fully liable for all damages caused by the goods stored in the Rented Premises and/or resulting from acts of itself and all persons it has admitted to the Rented Premises.
Tenant shall indemnify Landlord against all fines and claims of third parties, including but not limited to, direct and indirect damages, consequential damages, personal injury, costs, expenses, property disputes, etc., facing Landlord and arising out of or in connection with Tenant’s acts or omissions.
Landlord is not liable for the consequences of government inspections or audits. Accordingly, Landlord shall not be liable (without limitation) for any damage to the Property and/or locks and/or installations installed during such inspections and controls. The Tenant shall at all times be liable for all damage that the Landlord might suffer as a result of the inspections or checks.
If more than one (natural or legal) person has undertaken to be the Tenant, they shall always be jointly and severally liable to the Landlord for all obligations arising from the Contract and the General Conditions.
The Tenant agrees that given (a) the availability of insurance to protect the value of the goods stored in the Rented Property, (b) the fact that the Landlord does not have access to the Rented Property to verify the Tenant’s use of the Rented Property, (c) the fact that the Landlord does not have the opportunity to correctly assess the risk, and (d) the potentially large difference between the rent/fees paid by the Tenant and the damages that the Tenant may suffer, the exclusions and limitations of liability in this Article 13 are fair and reasonable.
Article 16. INSURANCE
Tenant is required to take out cargo insurance for all goods that Tenant stores in the Leased Premises. Landlord has no knowledge of and does not purchase insurance for anything stored in the Leased Premises.
Tenant is fully responsible for the accuracy and completeness of the amount and type of coverage insured and the declaration of the nature of the goods with the relevant insurer.
Landlord cannot be held liable if, in the event of damage, it appears that the nature of the goods, or the extent of the sum insured or the nature of the coverage results in a lower payment than the actual extent of the damage.
The insurance must contain an article in favor of Landlord pursuant to which the insurer waives all rights of recovery against Landlord, Landlord’s insurers and contractual partners. Tenant shall indemnify and hold harmless Landlord, Landlord’s insurers and contractual partners against any claims for recovery by Tenant’s insurers.
Tenant shall provide a statement of indemnification to Landlord within 14 days of the commencement date of the Lease indemnifying Landlord from liabilities in the event of any damage or loss.
If Landlord does not receive a declaration of indemnity from Tenant in the period set forth in paragraph 5, Landlord will ask Tenant (again) to do so.
If Landlord does not receive a declaration of indemnity within 7 days after sending a reminder, Landlord will take out storage insurance up to €25,000 for Tenant at Tenant’s expense.
Article 17. PANDRECT
The movable property stored in the Leased Premises shall serve as additional security for all that Tenant owes and/or will owe to Landlord. In connection therewith, the storage of movable property in the Leased Premises establishes a pledge for all claims which the Landlord has or will have against the Tenant and/or the Owner.
Tenant represents that it has no prior rights to the aforementioned items and that it is authorized to create the lien referred to in paragraph 1 of this Article for the benefit of Landlord.
If the Tenant is married or has a registered partner and stores (also) his/her goods in the Rented Property, then by entering into the Agreement, the consent of the other spouse/registered partner is granted for the pledge of his/her goods.
With respect to the existence and amount of the debt owed to Landlord, Landlord’s records shall serve as evidence, subject to evidence to the contrary from Tenant.
Sale of any Collateral shall be made at Landlord’s expense in the manner provided by law, or if agreed upon, privately.
Landlord will not accept a lien on items that, in its judgment, are worthless; the lien established will then be deemed to have expired.
The establishment of a lien shall not affect Landlord’s right to take other collection measures.
Article 18. COMMUNICATIONS
As of the effective date of the Agreement, Landlord may send all notices or communications to Tenant either by mail (at the address set forth in the Agreement) or by email or other electronic means (at the email address or any other electronic address communicated by Tenant).
Tenant shall notify Landlord in writing of any change of mailing address, electronic address or telephone number and before such change becomes effective.
If no change of (email) address has been communicated to Landlord by Tenant, all correspondence from Landlord shall be deemed to have been received in good order.
Article 19. REMEDIES
In the event that Tenant:
fails to comply with any obligation imposed by law, national or local regulations or customs; or
fails to fulfill its obligations under the terms of this Agreement or Terms and Conditions (including non-payment on rents and charges due); or
is subject to bankruptcy or other insolvency-related action,
Landlord shall obtain the right at any time to terminate the Lease immediately without notice and without prejudice to its existing rights and remedies. In addition, Landlord shall be entitled to recover from Tenant all losses, rents, fees and costs due.
If Tenant is in default pursuant to Article 8 of these General Conditions, in addition to the other rights provided in the Contract and the General Conditions, Landlord shall have the following rights:
install a new / additional lock, denying access to the Leased Premises, until Tenant has fulfilled all its (payment) obligations to Landlord;
itself to gain access to the Rented Property at the expense of the Tenant and to assume control of the Rented Property and the goods located therein, unless the Tenant still complies with its obligations within 14 days after the denial of access to the Rented Property;
remove the goods present in the Rented Premises and transfer them to (an) alternative storage location(s) without any liability for any loss or damage to the goods as a result of such removal/transfer;
terminate the Agreement, with the termination date being 14 days after Landlord notifies Tenant in writing of the termination;
claim damages, including but not limited to, removal costs and storage costs; and/or
exercise its lien as referred to in the General Conditions. Landlord then also acquires the right to destroy or sell the goods (or have them destroyed) and keep the proceeds.
In the event of termination of the Contract, Tenant shall remove his/her goods from the Rented Premises within 14 days after notice of termination. If Tenant fails to do so, Landlord shall be entitled to exercise the rights granted under this Article 17 including the right to sell or dispose of the goods.
Tenant shall be deemed to consent to (private) sale of the goods in the case referred to in paragraph 3 of this Article. The proceeds of any sale shall accrue to Landlord to the extent necessary to pay any expenses incurred by Landlord as a result of the exercise of rights under this Article and to discharge all other sums due to Landlord under the Agreement. The balance of the proceeds shall be refunded to Landlord.
If Tenant cannot be located or fails to collect the balance of proceeds, Landlord shall continue to maintain the balance of proceeds for Tenant’s account.
Nothing in this Article shall affect Landlord’s right to payment in respect of rental fees or any other sum due under the Agreement or the General Conditions and this regardless of whether or not Landlord has elected to exercise the rights referred to in Article 8 paragraph 5 of these General Conditions.
Costs incurred in connection with debt collection and compliance with the contract shall be reimbursed by the Tenant in accordance with the provisions of the Compensation for Extrajudicial Collection Costs Act. Pursuant to this Act, Landlord is entitled to a minimum compensation.
Article 20. APPLICABLE LAW AND COMPETENT COURT
All disputes that may arise out of or in connection with the Agreement and/or these General Terms and Conditions Self-storage Space are subject to the jurisdiction of the court of Landlord’s place of business. This does not affect Landlord’s right to appeal to another court that has jurisdiction in accordance with applicable law.
The Agreement and the General Terms and Conditions are exclusively governed by Dutch law.
Article 21. RANKING SCHEME
In the event and to the extent that the provisions in the General Conditions deviate or conflict with the provisions in a separate Agreement drafted by Landlord, the provisions in the Agreement shall prevail.
The parties agree that in the event that any of the provisions in the Agreement are null and void or are annulled, such nullity shall not affect the validity of other provisions. The void provision will be replaced by a provision that most closely matches the intent and economic effect of the provision.
Article 22. STATUTE OF LIMITATIONS AND FORFEITURE
1. Any claim against Landlord shall be extinguished by the mere expiration of 6 months after termination of the lease.
Article 23. CHANGE
1. Landlord is authorized to make amendments to these General Conditions. Such amendments shall first take effect 30 days after the day on which the amendments are announced, unless the announcement specifies a later effective date. Landlord shall give written notice to Tenant of amendments to the General Conditions in a timely manner, i.e. at least 30 days before the amendments take effect. Tenant and Landlord shall be bound by the amended terms and rules as of the effective date. Tenant shall be entitled to terminate the contract in writing subject to the applicable provisions of Article 17 of these Terms and Conditions.
Article 24. OTHER
The above articles shall apply without prejudice to third parties whom the Tenant has given access to the Subjects in any manner whatsoever.
By entering into the Contract, in the event of the Landlord’s business being (partially) transferred, the Tenant grants its cooperation in advance to the effect that its legal relationship with the Landlord under that
(partial) transfer (in part) to a third party. The third party shall in such case be bound to fulfill the then arising legal relationship with Tenant.
The Parties expressly agree that the Agreement cannot be regarded as a custodial contract as referred to in Section 7:600 of the Dutch Civil Code.
If any part of the Agreement or the General Conditions is void or voidable, this shall not affect the validity of the remaining part of the Agreement or the General Conditions. Instead of the nullified or void part, that which is closest to what the Parties would have agreed if they had been aware of the nullity or voidability in a legally permissible manner shall apply as agreed.
The Tenant understands and accepts the General Terms and Conditions and the Tenant accepts that the General Terms and Conditions are available free of charge both in the form of a paper copy and online via the Landlord’s website.