Article 1 – Definitions
Terms and Conditions: REPONO BV Terms and Conditions.
The Unit: the storage space that Renter rents for a certain period of time for the self-storage of movable property, hereinafter 'goods'.
House Rules: rules of conduct for the use of the Unit and goods offered on loan by Rentor.
Renter: one or more persons (whether or not in the exercise of his business or profession) or legal persons who rent storage space.
Rental price: the fee that Renter is owed under the Lease agreement.
Lease agreement: the agreement between Renter and Rentor, whereby Rentor commits to providing the use of the Unit to Renter for a certain period of time and Renter commits to paying the corresponding fee.
Rental period: the period for which the Lease is concluded.
Rentor: the legal entity or company belonging to the group of REPONO BV with which Renter has concluded a Lease agreement.
Article 2 - Applicability of Terms and Conditions
2.1 The Terms and Conditions apply to all legal relations between Renter and Rentor, regardless of the nature and name of the legal relationship. Terms that deviate from the Terms and Conditions apply only if and to the extent that Rentor expressly accepts in writing in the Lease agreement.
2.2 Rentor is entitled to change and/or supplement the Terms and Conditions at all times.
Article 3 – House Rules
3.1 In addition to the Terms and Conditions, the House Rules also apply to the Lease Agreement.
3.2 Renter is required to behave in the conditions of the House Rules.
3.3 Violation of the House Rules may result in liability for all damages resulting from Rentor and/or (interim) termination of the Lease.
3.4 Rentor is entitled to change and/or complement the House Rules at all times.
Article 4 – Lease and Lease term
4.1 The Lease agreement is written down and is official and set in motion after (digital) signing by Renter and Rentor.
4.2 The Lease can be entered into any desired Rental period but with a minimum term of one month. The rental period shall be extended at the same time for a period of one month, subject to termination by one of the parties.
4.3 Termination shall be made subject to the notice period set out in the Lease.
Article 5 – Rent, deposit and default
5.1 The Rental Price is due in advance per month via authorization/direct debit. In the case of credit card payment, the credit account will be taxed immediately at the time of completion of the payment. All payments are handled by a Rentor-appointed payment provider. In the case of a reversal of collected amount, Renter is immediately - without formal notice - in default.
5.2 As a guarantee for the correct fulfilment of his obligations under the Lease, Renter will pay a deposit of one month's rent upon signing the Lease agreement, unless otherwise agreed in the Lease Agreement. Rentor can offset all unpaid Rents, fees and costs arising from non-compliance with the Rental Agreement with the deposit (without being required to do so). If Rentor deems it necessary to exercise redress on the deposit, then Renter will immediately top up the deposit until the amount corresponds to the amount of the initially paid deposit. There is never any interest paid by Rentor on deposits.
5.3If the payment of the Rental Price and any other costs is not fully received on the agreed payment date, then Rentor may deny Renter access to the Unit until the total outstanding balance has been paid. All legal and extrajudicial collection costs are at the expense of Renter. For repeated reminder, Rentor may charge a fee of Euro 20 per reminder.
5.4 When the direct debit is outsourced, the following extrajudicial extra collection costs will be borne by Renter:
- 15% on the first €2.500 of the amount to be claimed;
- 10% on the next €2.500;
- 5% over the next €5.000;
- 1% on the next €190.000;
- 0,5% cost on the remainder; with a minimum of Euro 40.
5.5 In the event of a rent arrears of more than 30 days, Rentor has the following additional rights towards Renter:
- the possibility of breaking the lock on the Unit and adding a new/additional lock.
- the possibility, at its discretion, to vacate Renter in order to transfer the stored goods to alternative storage sites without any liability for any loss or damage to the goods as a result of the eviction.
- the possibility of recurring the costs of the eviction on Renter, as well as any costs for storage elsewhere and the cost of repeated evictions.
- the possibility to terminate the Lease immediately and then charge Renter a monthly fee for an amount equal to the monthly Rental Price.
- the possibility to dispose of the stored goods at its discretion. In the case of the sale of the stored goods, the proceeds will be allocated to Rentor to the extent necessary to pay any costs due and/or rent arrears.
5.6 Renter agrees that all stored goods serve as security of Rentor's right to pay the Rental Price or any other costs due and that access to the Unit may be refused. In doing so, Renter accepts that this security on the stored goods can lead to loss of ownership.
5.7 If the Lease is terminated prematurely due to a non-compliance of Renter, then Renter will remain obliged to pay the Rental price for the entire Rental period.
5.8 Rentor can increase the Rental price annually by a percentage, to be determined.
5.9 Renter is not authorized to apply settlement in respect of Rentor or to rely on suspension in connection with the payment of the Rental Price.
5.10 Upon termination of the Lease by (valid) termination by Renter, Rentor will refund the rent for the unused Rental period into the bank account of Renter from which the Rental price is paid, unless Article 5.7 applies or Rentor is entitled to compensation.
Article 6 - Destination and use Unit
6.1 The property in which the Unit is located and the premises around the Unit one is monitored by means of CCTV.
6.2 Renter is not allowed to use the Unit for a purpose other than storage space for (permitted) movable property.
6.3 Renter is not permitted to make any changes of any kind to the Unit.
6.4 Renter expressly acknowledges and agrees that nothing in the Lease can be interpreted in such a way that Renter acquires a property right or any other right regarding the Unit. In addition, in any case, Rentor will never act as a holder, guardian or custodian regarding the Unit and/or goods.
6.5 Renter is obliged to maintain the Unit at all times. Renter is not allowed to leave waste, dirt, or any materials in or around the establishment where the Unit is located. In case of violation, the cleaning/removal costs will be recovered from Renter with a minimum of Euro 50.
6.6 Renter accepts that all statements regarding the dimensions of a storage space are estimates and an average of a number of storage areas. Any deviation between the actual size of a storage space and the specified size in the Lease does not give Renter any rights and cannot lead to a price adjustment.
6.7 Renter is solely responsible for the correct closure of the Unit with the help of a personal lock.
6.8 Renter acknowledges and accepts to be fully responsible and liable for all the actions of the persons who have access to the Unit who use the access code of Renter and any reference to 'Renter' in these conditions also includes a reference to such persons.
6.9 Renter is required to use the Unit in such a way that the area, the environment and the other users never experience any inconvenience. Renter should always take the necessary precautions to avoid such environmental nuisance and/or damage.
6.10 Renter is NOT allowed:
- toxic, explosive, flammable or other substances and/or objects for humans, the environment, goods or in any sense (possibly) dangerous substances and/or objects to be stored or reside in the Unit;
- to use the Unit as a workshop;
- to conduct trading activities from the Unit;
- to use the Unit as the establishment, domicile or registered office of a company;
- foodstuffs, perishable goods and/or live haves to be stored in the Unit;
- to store goods as mentioned in clause 3 van het ‘Besluit opslag- en transportbedrijven milieubeheer’ (besluit van 15 juni 2000, Staatsblad 2000, nr. 278) and goods as mentioned in clause 2 van het ‘Besluit verpakking en aanduiding milieugevaarlijke stoffen en preparaten’ (besluit van 14 oktober 1987, Staatsblad 1991, nr. 534);
- the Unit to be used for a purpose contrary to criminal or import laws, including the storage of weapons, explosives, drugs (or other means covered by the Opium Act), contraband, stolen or whole goods or illegally imported goods;
- store items that represent a special value, such as cash, securities, jewellery, artifacts, special emotional value and so on.
6.11 If Renter acts in violation of Article 6.10, Renter is liable to Rentor for any damage that Rentor could suffer as a result and Renter exposes himselves to possible criminal prosecution.
6.12 In the event that it is suspected that Renter is acting in violation of the Lease, in particular in violation of Article 6.10, Rentor has the right but not the obligation to inform the competent authorities about this and to give them access to the Unit for verification purposes. All costs of this are borne by Renter.
Article 7 – Access to the Unit
7.1 Rentor is authorised to inspect and maintain the Unit at all times. Rentor does not have a key or code that allows him/her to access the Unit. Renter will therefore provide Rentor at first request with access to the Unit and other necessary cooperation for carrying out maintenance work and inspection.
7.2 After prior notice to Renter of the intention to do so, Rentor and persons to be designated by him are entitled to enter the Unit on working days between 08.00 and 19.00 for inspection of the state of the Unit and for carrying out maintenance work.
7.3 Rentor has the right to remove all locks, without permission, to enter the Unit and deny Renter access to the Unit if Renter does not comply with (one of) the obligations under the Rental agreement or if Rentor suspects that these are not or are not being properly complied with (including failure to comply with the request referred to in Article 7.1).
7.4 Renter declares himself aware and agrees that Rentor, as obliged by government, may need to provide access to the Unit. Renter is then obliged to cooperate with searches and investigations by customs, justice or other government agencies. Renter is not entitled to compensation for possible damage as a result.
Article 8 - Prohibition of sublease and transfer
8.1 Renter is not allowed to sub-rent the Unit in whole or in part or to be used by third parties in any case.
8.2 The Lease agreement is personal, and Renter agrees that it is forbidden to transfer the Lease to third parties subject to prior written agreement of Rentor.
8.3 Renter must close and keep the Unit closed. The risk associated with the storage of the goods in the Unit is always and exclusively carried by Renter. Rentor is not liable for any (direct or indirect) damage to goods nor will Rentor be liable for any other damage or economic loss of Renter. Renter indemnifies Rentor for claims of third parties in this respect.
8.4 Rentor does not give Renter any guarantees or securities regarding the custody, supervision or safety regarding the establishment of Rentor or the Unit. Rentor will not check the goods or whether the goods are suitable for storage or whether they comply with the legal provisions and the provisions and/or restrictions of the Lease. Rentor accepts no liability for any damage caused to Renter if the storage of the goods would be inappropriate, unsafe or illegal.
8.5 It is the responsibility of Renter to insure the stored goods against the risks of – amongst others - fire, lightning strike and/or explosion, aircraft, storm, theft, burglary, burglary, water, precipitation, smoke and soot, gnawing, vandalism. No insurance is taken out by Rentor,with which Renter explicitly agrees.
8.6 Any liability of Rentor towards Renter – for whatever reason – is limited to the amount paid by the insurer. If the insurer does not make a payment, or Renter is not insured, then the liability is limited to the Rental price agreed between Renter and Rentor.
8.7 Any claims of Renter for damages expire by a period of one year after the the liability arose and in any case by the time period of one year after the end of the Lease.
Article 9 - Damage and liability
9.1 Renter must close and keep the Unit closed. The risk associated with the storage of the goods in the Unit is always and exclusively carried by Renter. Rentor is not liable for any (direct or indirect) damage to goods nor will Rentor be liable for any other damage or economic loss of Renter. Renter indemnifies Rentor for claims of third parties in this respect.
9.2 Rentor does not give Renter any guarantees or securities regarding the custody, supervision or safety regarding the establishment of Rentor or the Unit. Rentor will not check the goods or whether the goods are suitable for storage or whether they comply with the legal provisions and the provisions and/or restrictions of the Lease. Rentor accepts no liability for any damage caused to Renter if the storage of the goods would be inappropriate, unsafe or illegal.
9.3 It is the responsibility of Renter to insure the stored goods against the risks of – amongst others - fire, lightning strike and/or explosion, aircraft, storm, theft, burglary, burglary, water, precipitation, smoke and soot, gnawing, vandalism. No insurance is taken out by Rentor,with which Renter explicitly agrees.
9.4 Any liability of Rentor towards Renter – for whatever reason – is limited to the amount paid by the insurer. If the insurer does not make a payment, or Renter is not insured, then the liability is limited to the Rental price agreed between Renter and Rentor.
9.5 Any claims of Renter for damages expire by a period of one year after the the liability arose and in any case by the time period of one year after the end of the Lease.
Article 10 – End of Lease
10.1 The rent ends:
- by denunciation: termination by Renter is only done in writing;
- by bankruptcy or suspension of payment of Renter;
- by dissolution/termination of the Lease agreement due to default of and/or breach of contract by Renter.
10.2 Renter is obliged before or no later than the end of the Lease to deliver the Unit to Rentor, free of lock(s), use and usage rights, properly cleaned – to the satisfaction of Rentor. Upon delivery in good condition, Renter receives the returned deposit.
10.3 If Renter has not vacated the Unit after the end of the Lease within the period set by Rentor, Renter is deemed to agree that the goods inside the Unit will be disposed of and destroyed by Rentor in a manner to be chosen by Rentor. Renter is and remains liable for all damages and costs incurred by Rentor by leaving goods behind. Rentor is not liable for any damage to the abandoned goods, regardless of how the damage was caused.
10.4 Rentor will refund the deposit by bank no later than six weeks after the Lease has ended and the Unit has been vacated.
Article 11 - Personal data
11.1 Renter agrees to allow his personal data to be stored by Rentor and processed in automated databases. Processing shall be carried out in accordance with the General Data Protection Regulation. Renter is entitled to access and - in the event of inaccuracy - correct the data.
11.2 Rentor uses the personal data for administrative purposes and for personalised information and marketing.
11.3 Dutch law applies to the Lease.
11.4 All disputes relating to the Lease are in principle within the jurisdiction of the Court in which the Leased is located.
Article 12 - Applicable law and competent court
12.1 Dutch law applies to the Lease.
12.2 All disputes relating to the Lease are in principle within the jurisdiction of the Court in which the Leased is located.
Article 13 – Final provisions
13.1 All communication related to the Unit takes place digitally including, but not limited to, via email and sms/whatsapp. Rentor sends all (digital) documents intended for Renter to the email address Renter has provided. Renter must notify changes to address, telephone number and/or other personal changes to Rentor.
13.2 If any provision of the Lease agreement shall be invalid, the remaining provisions shall remain in force without prejudice. An invalid provision shall be replaced by a valid provision which corresponds to the intent and purpose of the original provision.
13.3 If more persons have committed themselves as Renters, they are always jointly and severally liable with regard to Rentor for all commitments and obligations arising from the Lease agreement.
13.4 The original language of the Terms and Conditions is Dutch. These translated Terms and Conditions are for the convenience of non-Dutch speaking customers only. If, for any reason, there are any discrepancies in the translation, the original Dutch version shall prevail at all times.
