Terms and conditions

Article 1 Definitions

1.1 In these General Terms and Conditions, the following terms are used in the following meanings, unless expressly stated otherwise or the context indicates otherwise:

Storage Share: Storage Share Holding B.V. located at Isolatorweg 30 in Amsterdam, registered with the Chamber of Commerce under Chamber of Commerce number 77213084, and its group companies within the meaning of Article 2:24b of the Dutch Civil Code;
Website: storage-share.nl which is managed by Storage Share;
Service: the service that Storage Share provides to the user of the Website, consisting of offering a website that enables rental and rental of spaces for storage services between people and companies;
Renter: the person, company or institution that acts as the renting party in the context of the Storage Agreement;
Lessor: one or more of the subsidiaries of Storage Share Holding B.V. within the meaning of Article 2:24a of the Dutch Civil Code, which acts as the renting party in the context of the Storage Agreement. It is possible that Storage Share B.V. acts on behalf of the Lessor, this is explicitly stated in the Storage Agreement;
Reservation: a request from the Tenant to conclude a Storage Agreement to the Landlord;
Space: the space that the Landlord offers for rent via the Website and that is rented by the Tenant from the Landlord. This concerns an object or a space that can be independently closed within a larger building;
Storage Agreement: the agreement concluded by the Tenant and the Landlord regarding the rental of a Space for a (in)specified Storage Period;
Storage period: the period between the start date and the end date of the Storage Agreement that the Renter and the Landlord agree on via the website;
Total Storage Price: the agreed price for storage and any VAT due for renting the Space during the Storage Period as offered by the Lessor;

Article 2 General

2.1 Through its Website, the Landlord facilitates a marketplace where tenants can enter into a Storage Agreement for renting space for the storage of goods, objects and vehicles.

2.2 These General Terms and Conditions apply to the use of the Website, all offers from Storage Share and all legal relationships between Storage Share and the Renter, including but not limited to the Storage Agreement. These General Terms and Conditions also apply if the Tenant is a legal entity. The applicability of any general terms and conditions of the Tenant is expressly rejected, unless expressly agreed otherwise with the Lessor.

2.3 Any deviations from these General Terms and Conditions are only valid if they have been expressly agreed in writing or via email with the Lessor.

2.4 If a change to the General Terms and Conditions takes place, the new General Terms and Conditions will be brought to the attention of all Tenants by e-mail.

Article 3 Privacy

3.1 Storage Share's privacy policy for processing and security of personal and payment data can be found on the Website.

3.2 As part of the storage process, Storage Share has the right to check Tenants or potential Tenants for personal identity, creditworthiness, judicial background, including police changes, judicial documentation and insurance history. Based on these insights, Tenants and potential Tenants can be refused.

3.4 Storage Share has the right to use the information provided by Tenants for its own customer administration, market research and personalized information and/or promotional campaigns about its products and/or services.

3.5 The tenant agrees that video recordings will be made and stored on the premises and in the building. The video recordings are used for security purposes.

Article 4 Tenant Requirements

4.1 The following conditions apply to registration as a Renter:

The Renter is at least 18 years old or concerns a company or institution;
The Renter is resident or established in the Netherlands;
The Renter has not been excluded or refused by any insurer in the past 8 years due to bad behavior or additional requirements have been imposed for these reasons (for example higher premium, higher deductible, and/or limitation of coverage);
The Renter is responsible for the fact that he continues to meet the conditions set out above during the entire term of the Storage Agreement.

Article 5 Establishment and termination of Storage Agreement

5.1 Unless a validity period or term for acceptance is expressly stated, an offer by Storage Share is entirely without obligation. The Storage Agreement is concluded because it has been signed by the Landlord and the Renter via the Website.

5.2 The Storage Agreement is entered into for the period as determined in the Storage Agreement.

5.3 The Lessor is entitled to terminate the Storage Agreement without giving any reason in the period after signing the Storage Agreement, but before the start date of the Storage Agreement. In that case, the Landlord and the Tenant owe nothing to each other.

5.4 If the Tenant terminates the Storage Agreement after signing the Storage Agreement, but before the start date of the Storage Agreement, the Landlord is entitled to charge the Tenant a cancellation fee equal to a maximum of the monthly rent of the Space multiplied by the agreed minimum rental period.

5.5 The Lessor is entitled to terminate the Storage Agreement in writing with immediate effect, without being obliged to the Lessee to pay compensation for damage as a result of that termination, if:

The Renter fails to fulfill any of its obligations under the Storage Agreement or these General Terms and Conditions, and this failure, insofar as compliance is not already impossible, has not been remedied within the reasonable period set by the Lessor by notice of default or notification;
The Renter is in default towards the Landlord in any payment obligation under the Storage Agreement or these General Terms and Conditions; or
The Tenant has been declared bankrupt, its bankruptcy has been filed, a suspension of payments has been granted, its creditors have been offered an extrajudicial settlement, the Natural Persons Debt Restructuring Act has been declared applicable to the Tenant, the Tenant's assets have been seized by execution or the Tenant otherwise loses the free disposal of its assets.

5.6 In the event of termination of the Storage Agreement as referred to in this Article 5, the Tenant will make the Space available to the Landlord clean, completely vacated, unlocked and in the same condition as on the start date of the Storage Agreement no later than 14 days after termination. Without prejudice to the termination, the Lessor will be entitled to charge the Renter the Total Storage Price for the period in which the goods, objects or vehicles are in the Space up to the aforementioned period of 14 days.

Article 6 Storage price

6.1 The Lessor charges the Tenant the Total Storage Price for the rental of the Space pursuant to the Storage Agreement.

6.2 Total Storage Price per month consists of the storage price desired by the Lessor and any VAT due (21%).

6.3 The Total Storage Price due and other amounts to be charged by the Lessor to the Renter will be invoiced in advance to the Renter per rental period. The Renter will pay the Total Storage Price no later than before the first day of the rental period to which the payment relates, failing which the Renter will be in default without further notice of default.

6.4 Payment of the Total Storage Price is made per rental period by direct debit to the Lessor approximately two weeks before the start of the rental period to which the payment relates. The Tenant will provide the Landlord with authorization to collect the payments. The Tenant's first payment relates to the first month after the start date of the Storage Agreement.

6.5 The Tenant will pay the other amounts charged by the Lessor by transferring them to the Lessor's bank account within the reasonable period set by the Lessor. This payment term applies as a deadline, so that in the event of failure to pay on time, the Tenant will be in default without further notice of default.

6.6 If the Total Storage Price owed by the Renter has not been paid (in full) by means of direct debit, the Renter must arrange for payment in another manner no later than the first day of the rental period to which the payment relates, failing which the Renter will be in default without further notice of default.

6.7 If the Tenant is in default of fulfilling any payment obligation towards the Landlord, the Tenant owes statutory interest to the Landlord. After the payment term has expired, the Landlord will send the Tenant a payment reminder. If payment has not been made within fourteen (14) days after receipt of this payment reminder, the Tenant will also owe the extrajudicial collection costs to be incurred by the Lessor. In any case, the Lessor will pay an administrative fee of € charge 20 per reminder.

6.8 As soon as the Tenant is in default towards the Landlord and/or Storage Share, the Landlord and Storage Share have the following additional rights:

The right to deny the Tenant access to the Space until the Landlord has fulfilled its obligations;
The possibility of breaking the (applied) lock on the Space as well as installing a new lock;
The ability, at our sole discretion, to remove the goods, objects and/or vehicles from the Space for the purpose of transferring them to alternative storage locations without liability for any loss or damage resulting from such removal/transfer;
The ability to charge the Renter for all costs arising from the removal and transfer of the goods, objects and vehicles as well as additional storage costs elsewhere together with all costs that repeated removals/transfers would entail;
The option to immediately terminate the Storage Agreement and subsequently charge the Renter a monthly occupancy fee in an amount equal to the monthly Total Storage Price;
The ability to consider the goods, objects and vehicles in the Space as abandoned goods and to dispose of these goods, at our sole discretion. The proceeds from these goods accrue to Storage Share. Any positive balance will not be refunded to the Renter. Any negative balance will be recovered from the Tenant.

6.9 The Renter agrees that the items, objects and vehicles in the Space serve as security for the Lessor's right to payment of the Total Storage Price, costs or any other sum due and that access to the Space may be refused until all outstanding sums have been paid. The Renter also accepts that this security for the items, objects and vehicles in the Space may lead to loss of ownership.

6.10 The lowest price guarantee only applies to locations where this guarantee is mentioned on the location page and only applies to comparable spaces within a 5 km radius of the location.

Article 7 Obligations under the Storage Agreement

7.1 Renter is responsible for the goods, objects and/or vehicles located in the Space.

7.2 Tenant will use the Space in accordance with a normal and regulated policy. The Renter is not permitted to use the Space for any purpose other than storage and parking of goods. The Tenant is expressly not permitted to inhabit the Space or have it occupied.

7.3 The Tenant expressly acknowledges and agrees that nothing in the Storage Agreement can be construed as conferring upon the Tenant any title or other right in rem with respect to the Space. Furthermore, the Lessor will never act as holder, guard or custodian of the goods, objects or vehicles stored by the Lessee. When entering into the Storage Agreement, the Renter guarantees that he alone has the legal and/or economic ownership of the stored goods, objects or vehicles and therefore accepts all liability in connection with these goods, objects or vehicles. The Renter will indemnify and hold harmless the Lessor against all costs, claims and/or any other action by a third party in connection with the goods, objects or vehicles stored in the Space.

7.4 The Tenant will use and maintain the Space with due care and in accordance with the permitted purpose and the provisions of the Storage Agreement. The Tenant will maintain the Space neatly at all times.

7.5 At the end of the Storage Agreement, the Tenant will make the Space available to the Landlord clean, completely vacated, unlocked and in the same condition as on the start date of the Storage Agreement. The Renter is responsible for removing any dirt from the Space. The Tenant is not permitted to leave behind waste or goods, objects or vehicles on penalty of paying the (waste) removal costs with a minimum of 30 euros/m².

7.6 In any case, the Renter is strictly prohibited (this list is not exhaustive):

Store jewelry, furs, works of art, collection items or irreplaceable objects, objects with emotional or special value in the rented property without the Lessor's permission;
Store cash, securities, securities or shares in the rented property;
Store any object that emits smoke, odors or stench in the rented property;
Store birds, fish, animals or any other living organism in the rented property;
Store waste and all possible waste materials in the rented property;
store food and other perishable items – unless they are securely packed in such a way that they do not attract vermin or cause any other form of nuisance – in the rented property;
Store firearms, explosives or ammunition in the rented property;
Store illegal substances such as drugs, illegal objects or goods obtained illegally such as contraband or stolen goods, etc. in the rented property;
Store chemicals, radioactive substances, biological agents in the rented property;
Store asbestos and/or blue leather in the rented property;
to store (artificial) manure in the rented property;
Store (empty) gas bottles and/or batteries in the rented property;
Store (empty) jerry cans in the rented property;
Store fireworks, flammable and flammable materials or liquids including petrol and diesel (with the exception of minimum quantities as present in vehicles) in the rented property;
Store any other toxic, flammable or dangerous substances or preparations that are listed as such under applicable legislation or local regulations in the rented property;
Connecting or using electrical or other mechanical devices without the Lessor's permission;
To use the rented property as a workshop;
To attach items to the walls of the rented property;
Drilling holes in the walls of the rented property;
To present the rented property as a business address;
To bring pets into the building;
To smoke in the building;

7.7 It is not permitted to load the floor heavier than 250 kg per m².

7.8 The Tenant is not permitted to change, install or remove any items in his space or in the building, including pipes and the like.

7.9 The Tenant is not permitted to sublet the Space in whole or in part or to have it used by third parties in any way. The storage space may only be entered by the Tenant or in the presence of the Tenant.

7.10 The Renter is responsible for persons he brings to the location. The Tenant is liable to the Landlord for damage caused by persons the Tenant has brought with him.

7.11 The Storage Agreement includes the agreements made by the Landlord and Tenant regarding access to the Space. The landlord and tenant are enabled to make their own agreements about this.

7.12 Tenant and Landlord agree that if the Tenant fails to comply with art. 7.2 or 7.5, 7.6, 7.7 and/or 7.8 he forfeits to the Lessor an immediately payable fine of € 5,000, and - if compliance is not already impossible - increased by an amount of € 100.00 for each day that the shortcoming continues, without prejudice to the Lessor's obligation to still fulfill this obligation and without prejudice to the Lessor's right to (additional) compensation insofar as the Lessor's actual damage exceeds the amount of the aforementioned fines.

7.13 If, in the opinion of the Lessor, repairs or other work need to be carried out, the Tenant is obliged to allow the necessary persons into the rented property and to tolerate the work to be carried out without any compensation or reduction in the price being possible. This applies not only to repairs or other work, but also to renovations or changes in and around the rented property.

7.14 The landlord has the right to gain access to the rented property at any time. By signing the Storage Agreement, the Renter agrees that the Lessor will keep a spare key to the Space with which the Lessor can gain access to the rented property. The lessor may grant itself or third parties (without prior permission from the lessee) access to the rented property for, for example, inspections of the storage space to check compliance with the agreements in the Storage Agreement or these General Terms and Conditions. The landlord will also provide access to the rented property to the police and judicial authorities, fire brigade, customs and possibly other government agencies if they request this. The landlord is not responsible for any damage suffered by providing access.

7.15 The transport of the Tenant's items to and from the rented property is entirely at the Tenant's own risk. The lessor is not liable for damage or loss to goods or persons during transport.

7.16 The Tenant is liable to the Lessor for all damage suffered by the Lessor if administrative, criminal or civil law measures are taken in connection with the use of the storage space and/or due to actions and/or goods of the Tenant (such as closure by the mayor or the municipal council, application of administrative enforcement, etc., dissolution of the main lease, etc.) and claims submitted by third parties (such as government agencies). Renter will indemnify and hold harmless Lessor against all liability, damage and costs in this regard.

Article 8 Insurance and liability

8.1 The Renter will ensure that the goods, objects and vehicles located in the Space are adequately insured during the Storage Period against loss and damage, including in any case as a result of fire, lightning strike and/or explosion, aircraft, storm, theft, burglary, sneaking in, water, electricity and precipitation, smoke and soot, gnawing and vandalism after break-in. The Tenant will provide proof of the aforementioned insurance(s) upon the Lessor's first request.

8.2 The renter must inform his insurer about the storage of his goods at an external location. The Renter is fully responsible for the accuracy and completeness of the statement of the nature of the stored goods to his insurer and the Renter is fully responsible for the accuracy and completeness of the insured amount and the nature of the coverage.

8.3 The Renter indemnifies Storage Share from any liability due to damage to the goods stored in the Space. The Renter will continuously indemnify and hold Storage Share, Storage Share's insurers and Storage Share's contracting parties harmless against any claims for recovery from the Renter's insurers.

8.4 The Renter indemnifies Storage Share against all costs incurred and damage suffered as a result of any failure by the Renter to comply with any of its obligations under Article 7.

8.5 Storage Share's liability towards the Renter for an event causing damage attributable to it (whereby a series of related facts is regarded as one) is limited to:

an amount equal to the rental price of the rented Space to which the damaging event relates over one year or as much shorter as the Storage Agreement actually lasted at the time the liability arose, and
in any case a maximum of the amount for which the Tenant has insured the contents of the Space.

8.6 Storage Share will under no circumstances be liable to the Renter for indirect or consequential damage, including (but not limited to) loss of data, loss of profit, turnover or lost savings.

8.6 The Tenant's rights of action and other powers against Storage Share for whatever reason will in any case lapse after 1 year has elapsed from the moment the Tenant became aware of this or could reasonably have become aware of it.

8.7 The tenant must have liability insurance in the event of damage by the tenant to the landlord's buildings.

Article 9 Force majeur

9.1 The Renter cannot rely on compliance and the legal consequences of non-compliance (including the right to compensation) of any obligation of the Lessor under the Storage Agreement, these General Terms and Conditions or otherwise, if the non-compliance cannot be attributed to the Lessor. In any case, but not exclusively, Storage Share cannot be attributed: a non-attributable shortcoming of third parties engaged, virus infection or computer intrusion by third parties, war, threat of war, terrorism, pandemics, excessive price increases, riots, molestation, fire, lightning strike, water damage, flood, theft, fire, the temporary unavailability or insufficient availability of hardware, software and/or internet or other telecommunications connections that are necessary for the provision of the services, weather influences, government measures, and power outages as well as any other situation over which Storage Share cannot exercise (decisive) control.

Article 10 Disputes and Applicable Law

10.1 Dutch law is applied to these General Terms and Conditions and all disputes arising from and/or related to them.

10.2 All disputes arising from and/or related to these General Terms and Conditions will be submitted to the competent court in Amsterdam, unless mandatory law designates another competent court.

Article 11 Other provisions

11.1 If any provision of these General Terms and Conditions and/or the Storage Agreement proves to be void or voidable or becomes or is invalid in whole or in part for any other reason, the other provisions of the General Terms and Conditions and/or the Storage Agreement will remain in full force. Storage Share will replace the invalid clause with a valid clause, the legal consequences of which, given the content and scope of these General Terms and Conditions and/or the Storage Agreement, correspond as much as possible to those of the invalid clause, furthermore in accordance with Article 2.4.

11.2 The rights and obligations of the Renter under the Storage Agreement and these General Terms and Conditions cannot be transferred to, or encumbered in favor of, a third party without the prior written consent of the Lessor. This clause has effect under property law as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.

11.3 Storage Share is entitled to transfer or pledge all its claims, powers, rights and obligations and actions related to the General Terms and Conditions, the Storage Agreement or the Service to third parties and will inform the Renter thereof. In such cases, the Renter is entitled to immediately terminate the Storage Agreement without being obliged to pay any compensation for damage as a result of such termination. The Tenant hereby cooperates in advance with such a transfer or pledge.

11.4 Storage Share is entitled to transfer its legal relationship with the Renter to a third party within the meaning of Article 6:159 of the Dutch Civil Code. The Renter hereby cooperates in advance with such a transfer

11.5 Provisions in these General Terms and Conditions or the Storage Agreement that, by their nature, are intended to continue to apply after the end of the Storage Agreement, will continue to apply in full after the end of the Storage Agreement.

11.6 The parties expressly agree that the Storage Agreement will not be regarded as a storage agreement as referred to in Article 7:600 of the Dutch Civil Code.