General Conditions
TERMS & CONDITIONS - STORAGE AGREEMENT
ARTIKEL 1 INTRODUCTION
1.1 These Terms and Conditions govern the rights, obligations and responsibilities of the parties involved in the rental agreement for Storage Units offered by Flexistock. They provide a framework for the use of storage facilities, payment terms, liability, access, and other relevant aspects of the agreement.
1.2 The Landlord strives to provide a safe, accessible and professional service. These General Terms and Conditions have been drawn up to make clear agreements and to prevent potential disputes. If specific agreements are made that deviate from these terms and conditions, those specific agreements shall prevail, insofar as agreed in writing by both parties.
ARTIKEL 2 PARTIES TO THE AGREEMENT
2.1 These General Terms and Conditions apply to all agreements between Flexistock, having its registered office at Golden Hopestraat 17B, BE1620 Drogenbos, registered in the trade register under number 1007.805.848, hereinafter referred to as "the Lessor", and any natural or legal person who uses the storage services or related services of the Lessor, hereinafter referred to as "the Client".
2.2 The Client is deemed to have accepted these General Terms and Conditions when entering into any agreement with the Lessor, regardless of whether the Client is a private individual, entrepreneur or other entity. The identity of the Client will be established at the conclusion of the agreement, in accordance with the identification requirements set by the Lessor.
2.3 For the purposes of these terms and conditions, the Lessor and the Client are referred to separately as a "Party" and collectively as the "Parties". These terms and conditions apply in full to the relationship between the Parties, unless otherwise agreed in writing.
2.4 The Client is not permitted to repurpose the rented Storage Unit.
ARTIKEL 3 DEFINITION OF TERMS
For the purposes of these Terms and Conditions, the following terms and expressions shall have the meanings set forth below, unless the context otherwise requires:
Storage Unit: The physical space, locker, storage box, locker, bulk storage space, parking space or other storage facility, located in a location managed by the Lessor, which is rented by the Customer for the sole purpose of storing (permitted) goods in accordance with the provisions of these Terms and Conditions.
Goods: All movable property, owned or controlled by the Customer, which is stored in the Storage Unit. This does not include prohibited, dangerous or illegal goods as further described in these Terms.
Lessor: Flexistock, including its subsidiaries, representatives, employees and contracted parties involved in the performance of the services as described in the agreement.
Customer: Any natural or legal person who enters into an agreement with the Lessor for the use of a Storage Unit or related services.
Agreement: The rental agreement, including all special and general terms and conditions, between the Lessor and the Customer relating to the rental of a Storage Unit.
Location: The property or land where the Storage Unit is located, managed by the Lessor, including all common areas such as corridors, lifts and access roads.
Access Code: A unique, personal identifier provided by the Lessor to the Customer in order to access the Storage Unit and its location.
Prohibited Goods: Goods the storage of which is prohibited by these Terms and Conditions, applicable law, or regulations of local or national governments, and items that may cause nuisance, damage, or danger.
Term of Use: The agreed period of time during which the Customer is entitled to use the Storage Unit, as specified in the agreement.
Payment term: The period within which the Client must pay the rent and additional costs to the Lessor, as further specified in the agreement.
If other terms or expressions are used in these Terms and Conditions that are not defined herein, they shall be construed according to their usual meaning in the context of the rental agreement.
ARTIKEL 4 GENERAL SCOPE AND APPLICABILITY
4.1 Applicability and binding nature
These General Terms and Conditions apply to all agreements entered into between Flexistock (hereinafter the "Lessor") and any natural or legal person (hereinafter the "Customer") relating to the rental and use of Storage Units and/or related services offered by the Lessor. By entering into an agreement with the Lessor, the Client accepts these terms and conditions in full and without reservation.
4.2 Scope
These terms and conditions apply to all uses of the Storage Units, including, but not limited to, agreements entered into in person, by telephone, in writing, or through digital channels. In addition, these terms and conditions apply to all additional services and facilities offered by the Lessor, unless otherwise stipulated in writing.
4.3 Conflicting Terms
Any general or special terms and conditions of the Client are expressly rejected, unless they have been accepted in writing by the Lessor. In the event of a conflict between the provisions of these General Terms and Conditions and other documents, such as special conditions, the special conditions shall prevail.
4.4 Severability
If any provision of these Terms and Conditions is held invalid, illegal or unenforceable, in whole or in part, the remainder of the terms and conditions shall remain in full force and effect. In that case, the parties will negotiate a replacement provision that is as close as possible to the purpose and purport of the original provision.
4.5 Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Belgium. Disputes arising out of or in connection with these terms and conditions shall be submitted exclusively to the competent courts of Bruges and shall be conducted in the Netherlands.
ARTIKEL 5 OBJECT OF THE AGREEMENT
5.1 Description of the Services
The agreement between Flexistock (hereinafter the "Lessor") and the Customer relates to the rental of a Storage Unit for the storage of permitted goods. In addition, the Lessor may offer additional services and facilities, such as security, access control, and assistive technologies.
5.2 Legal nature of the Agreement
The agreement grants the Customer a personal right of use in relation to the Storage Unit. Customer does not acquire any right in rem, title or any other right in relation to the Storage Unit or the location. This agreement is not governed by the provisions of the Commercial Lease or any other statutory provision conferring exclusive rights in rem.
5.3 Using the Storage Unit
The Storage Unit may only be used for the storage of permitted goods, as further specified in these Terms and Conditions. Customer may not use the Storage Unit for any other purpose, including, but not limited to, workspace, trading activities, or storing prohibited goods.
5.4 No custody
The Lessor does not act as custodian, warehouseman or insurer of the stored goods. The Customer remains fully responsible for the stored goods, including compliance with legal regulations and the safety of the goods. The Lessor is not obliged to check the nature, value or legality of the stored goods.
5.5 Limitation of Lessor Obligations
The Lessor guarantees the availability of a Storage Unit in accordance with the agreement, subject to the provisions on maintenance and access rules. However, the Lessor does not provide any guarantee as to the suitability of the Storage Unit for specific goods or purposes. Any shortcomings in the Storage Unit must be reported by the Customer without delay.
5.6 Acceptance of the Storage Unit
The Customer declares to have accepted the Storage Unit in good condition and suitable for the agreed use, unless the Customer has stated otherwise in writing at the start of the agreement.
ARTIKEL 6 DESCRIPTION OF THE SERVICES TO BE PROVIDED
6.1 Memory
The Lessor shall provide the Client with access to a Storage Unit, which is a secure and enclosed space suitable for the storage of permitted goods. The Storage Unit is located at a location managed by the Lessor and is rented out in accordance with the conditions as stipulated in the agreement.
6.2 Accessing the Storage Unit
The Customer will receive a unique access code or key that allows access to the Storage Unit and its location. Access to the Storage Unit is limited to the permitted days and hours, as specified in the agreement or communicated by the Lessor.
6.3 Security & Surveillance
The Lessor shall provide reasonable security measures, such as CCTV, access control and floodlit areas, to protect the Storage Unit and the location from unauthorised access. However, the Lessor does not guarantee the complete safety of the stored goods and bears no responsibility for any damage, loss or theft.
6.4 Additional Facilities
Depending on the location, additional facilities may be made available, such as means of transport (trolleys), parking space, lifts and heated storage. The use of these facilities is subject to availability and any specific conditions.
6.5 Digital Services
The Lessor may offer digital services, such as a mobile application or online portal, which allow the Client to access invoices, manage access codes and request support. The use of these digital services is optional and governed by the corresponding terms of use.
6.6 Maintenance and Cleaning
The Landlord is responsible for the general maintenance of the location, including the common areas. However, the Customer is responsible for keeping the rented Storage Unit clean and in good condition.
6.7 Customer service
The Host provides support to the Customer through customer service, which is available during the normal opening hours of the venue. Complaints, requests or questions can be submitted through the indicated contact channels.
6.8 Restrictions on the Services
The Lessor only provides storage unit and related services. The Lessor does not offer transport, insurance, packaging or other services, unless this has been agreed in writing.
ARTIKEL 7 RESTRICTIONS AND TERMS OF USE
7.1 Permitted Uses
The Storage Unit may only be used for the storage of goods that comply with the legal requirements and the provisions of these Terms and Conditions. The Storage Unit is not intended for other activities, such as workshop, retail space, or permanent residence.
7.2 Prohibited Activities
The Customer is not permitted to use in or around the Storage Unit:
• Engage in illegal, criminal, or immoral activities.
• Use the Storage Unit as a mailing address, domicile, or business address.
• Cause nuisance to other users of the location, such as noise nuisance, odour nuisance, or blocking common areas.
7.3 Prohibited Goods
The storage of the following goods is expressly prohibited:
• Hazardous or flammable substances, such as chemicals, radioactive materials, and fireworks.
• Perishable goods, unless packaged in such a way that they do not cause a nuisance.
• Vibrant organisms, including animals and plants, and waste products.
• Cash, securities, or goods of high emotional or exceptional value (such as expensive artwork or precious stones) without written permission from the Lessor.
• Goods whose storage violates environmental and safety regulations.
• Electronic equipment that constantly consumes power without permission.
7.4 Environmental and Safety Regulations
Customer must comply with all applicable environmental and safety regulations, including the proper handling of waste and the prevention of damage to the Storage Unit or the site. The use of electrical appliances in the Storage Unit is only permitted with the prior written consent of the Lessor and for temporary use only.
7.5 Maximum load and storage method
The Customer must ensure that the stored goods do not exceed the maximum load capacity of the Storage Unit (500 kg/m²) and are stacked in a safe manner to prevent damage or collapse. The Lessor may issue instructions regarding the method of storage, which must be strictly adhered to.
7.6 No exclusive access
Customer acknowledges that the Storage Unit is part of a shared facility and that the Lessor may gain access under certain circumstances, such as emergencies or inspections. The use of the Storage Unit does not confer exclusive ownership rights on the Customer.
7.7 Compliance with Local Rules
The Client is obliged to comply with all local regulations and guidelines of the Host, including housekeeping rules applicable to the location.
7.8 Penalties for Non-Compliance
If the Customer violates these restrictions or terms of use, the Lessor reserves the right to terminate the agreement, deny access to the Storage Unit, and recover any damages or costs from the Customer.
ARTIKEL 8 EXCLUSION OF RIGHTS IN REM
8.1 No property or right in rem
The agreement grants the Customer only a personal right of use in relation to the Storage Unit. This right of use does not include any transfer of ownership, right in rem, or any other right to the Lessor's Storage Unit, location, or infrastructure.
8.2 No Acquisition of Possession
Customer's use of the Storage Unit does not result in the acquisition of actual or legal possession of the Storage Unit. All rights relating to the management, layout and use of the location remain with the Lessor at all times.
8.3 Management powers of the Lessor
The Lessor retains full control over the Storage Unit and its location. This includes, but is not limited to, the right to perform maintenance, make site changes, and access the Storage Unit in the event of an emergency or legal obligation without the Customer's prior consent.
8.4 No sales or subletting
The Client is not entitled to sell, rent, pledge or otherwise transfer the Storage Unit to third parties in whole or in part, unless otherwise agreed in writing with the Lessor.
8.5 Exclusion of Non-Possessory Lien
The Customer declares that the goods stored in the Storage Unit are free from any right in rem or lien of third parties. The storage unit may not be used as security for financial transactions unless with the prior written consent of the Lessor.
8.6 Landlord not a custodian
The Lessor does not act as custodian or insurer of the goods stored by the Client. The storage of goods remains entirely at the Customer's own risk.
8.7 Rejection of Appearances
Nothing in the agreement shall be construed as a transfer of rights or powers that would infringe the property rights of the Lessor or other parties involved. The Customer acknowledges that the Storage Unit will only be used in accordance with the personal right of use as stipulated in the agreement.
ARTIKEL 9 EXPENSIVE
In accordance with art. VI.91, §2 of the Code of Economic Law ('CEL') and without prejudice to the Law of 4 April 2014 on Insurance, the consumer may, after the tacit renewal of a fixed-term contract, terminate this contract at any time, free of charge and with due observance of the notice period stipulated in the agreement, this period may not exceed two months.
9.1 Initial Duration
The agreement is entered into for an initial term of at least one month, unless otherwise agreed in writing. This period shall commence on the date specified in the agreement. During this initial period, all rights and obligations of the Parties shall be binding.
9.2 Auto-Renewal
At the end of the initial period, the agreement shall be tacitly renewed for successive periods of one month each, unless one of the Parties gives timely written notice. All terms of the original agreement will remain in effect unchanged during the renewal periods.
9.3 Options for Customization
During the renewal periods, the agreement may be amended in writing, for example when changing the Storage Unit or adding additional services. These changes will be included in an addendum and will form an integral part of the agreement.
ARTIKEL 10 RIGHT OF WITHDRAWAL FOR DISTANCE CONTRACTS
10.1 Right of withdrawal
If the contract has been concluded at a distance (e.g. via an online platform or by telephone) and the Client qualifies as a consumer, the latter has the right to withdraw without giving reasons within 14 days of the conclusion of the contract.
10.2 Exercising the Right of Withdrawal
In order to exercise the right of withdrawal, the Client must notify the Lessor in writing by means of a clear statement, such as an e-mail or registered letter. The use of a standard withdrawal form, if available, is recommended.
10.3 Costs in case of Revocation
If the Storage Unit has not yet been put into use, all amounts already paid will be refunded in full within 14 days of receipt of the withdrawal.
If the Storage Unit has already been put into use, a proportionate amount will be charged for the period used, including any additional costs.
10.4 Exceptions to the Right of Withdrawal
The right of withdrawal expires if the Customer has explicitly agreed to the immediate execution of the agreement and has fully used the Storage Unit before the withdrawal period has expired.
ARTIKEL 11 MONTHLY RENT AND ADDITIONAL COSTS
11.1 Monthly rent
The monthly rent is calculated based on the size and type of Storage Unit. The rental fee covers the basic use of the Storage Unit and the standard access to the location during the agreed hours.
11.2 Promotions and Discounts
Any discounts or promotions only apply to the first month of the agreement, unless otherwise agreed in writing. After the promotional period, the full rental price will be charged.
11.3 Additional costs
In addition to the monthly rent, additional fees may apply, including:
• Insurance costs: If the Client participates in the Lessor's collective insurance.
• Administrative Costs: For example, for changing data or creating additional means of access.
• Additional Services: Such as extraordinary access or use of heated storage.
• Cleaning or Repair Fees: In the event that the Storage Unit is not left clean or in good condition.
11.4 Invoicing
The rent and additional costs are invoiced monthly. Invoices are provided electronically via the email address provided or made available in the customer portal.
ARTIKEL 12 INDEXING AND PAYMENT METHODS
12.1 Annual indexation
The Lessor has the right to index the rent annually in accordance with the statutory provisions or the indexation method described. The indexation will be announced in writing at least 30 days in advance. If the Client does not agree with the indexation, he has the right to terminate the agreement.
12.2 Changes to ancillary charges
Additional costs, such as insurance contributions or administration costs, can be adjusted by the Lessor. Such changes will be communicated to the Customer at least 30 days in advance.
12.3 Accepted Payment Methods
The rent and ancillary costs can be paid via the following methods:
• Direct Debit: The recommended method for monthly payments.
• Online Payment: Via a secure customer portal or mobile application.
• Manual Transfer: To the Host's bank account.
• The Customer is responsible for timely payment and the correct setting up of automatic payment methods.
12.4 Term of payment
All payments must be made in advance, no later than the due date as stated on the invoice. Late payments are considered non-payment.
ARTIKEL 13 NON-PAYMENTS, FINES AND CONSEQUENCES
13.1 Default
If the Client fails to pay the amounts due in full and on time, this will be considered as non-payment. In such a case:
• Access to the Storage Unit will be blocked until full payment has been made.
• A payment reminder will be sent, including an administration fee.
13.2 Penalties for Repeated Non-Payment
In the event of repeated non-payment, the Lessor may:
• Charge a fixed fine of €7.5 per reminder.
• Apply statutory interest to the outstanding amount from the due date.
• Recover collection costs from the Client in the event of outsourcing to a collection agency.
13.3 Suspension of Services
The Lessor reserves the right to suspend access to the Storage Unit and any additional services until the outstanding payments have been paid in full.
13.4 Sale or Disposal of Abandoned Goods
If payments are not made and the agreement is terminated, the Lessor has the right to remove, store or sell goods from the Storage Unit at the Customer's expense. The proceeds will be set off against the outstanding debt, with any remaining costs still being borne by the Client.
Sale: If the Client repeatedly fails to meet its obligations, the Lessor reserves the right to sell any remaining goods in order to recover outstanding amounts. The Customer will be informed in advance in writing and will be given a final deadline to collect the goods.
Any proceeds in excess of the outstanding costs will be refunded to the Client, provided that requested in writing within 5 days.
13.5 Fines for violations
Failure to comply with the waste disposal rules will result in a fine of €50 per m³ in addition to the landfill and disposal costs. In the event of damage to equipment and infrastructure, such as toilets, trolleys or locks, a fixed amount of €200 will be charged to the customer in addition to the full repair or replacement costs. If a trolley is not returned correctly, a fine of at least €30 per trolley per day will be charged.
13.6 Legal Actions
If non-payment persists, the Lessor reserves the right to take legal action. All costs associated with this, such as attorney's fees and court costs, will be borne in full by the Client.
ARTIKEL 14 PERMITTED AND PROHIBITED USES
14.1 Permitted Uses
The Storage Unit may only be used for the storage of goods that comply with the terms of this Agreement. The use of the Storage Unit is limited to storage purposes only; Manufacturing activities, habitation, trade or other commercial activities are strictly prohibited.
14.2 Prohibited Activities
It is forbidden to:
• Use the Storage Unit for illegal or criminal activities, such as storing stolen goods, narcotics, or other prohibited items.
• Use appliances that produce heat or pose a potential risk, unless approved in writing by the Lessor.
• Rent out the Storage Unit or grant access to any third party without the prior written consent of the Lessor.
14.3 Common Areas
Customer may not block or use common areas for long-term storage or activities. Moving goods through these areas must be done as quickly as possible without causing inconvenience to other users.
ARTIKEL 15 ENVIRONMENTAL AND SAFETY REGULATIONS
15.1 General environmental rules
The Customer is required to follow environmentally sound practices when using the Storage Unit, including the proper disposal of waste and the avoidance of activities that may cause damage to the environment. Chemical waste or polluting materials should not be stored.
15.2 Fire safety
It is forbidden to store flammable substances, such as gasoline, diesel or other flammable materials, without written permission and without compliance with strict safety standards. The Customer shall ensure that the Storage Unit remains accessible for emergencies.
15.3 Harmful substances
The storage of substances that may cause damage to the Storage Unit, other goods or users, such as corrosive chemicals or radioactive materials, is prohibited. The Client is fully responsible for any damage resulting from the storage of such materials.
15.4 Ventilation and climate control
The Customer must take into account the environmental requirements of the stored goods, taking into account natural ventilation and any restrictions on temperature-sensitive items.
ARTIKEL 16 RULES FOR STORAGE OF SPECIFIC GOODS (E.G. HAZARDOUS SUBSTANCES)
16.1 Goods with Special Conditions
Goods such as vehicles, motorcycles or heavy machinery may only be stored if they meet the following requirements:
• Fuel levels should be kept to a minimum.
• Adequate protection must be in place to prevent leaks.
• The Client must be able to present a valid insurance policy.
16.2 Penalties for Violation
If the Client stores Prohibited Goods that are in breach of these provisions, the Lessor has the right to terminate the agreement and to remove or neutralise the goods at the Client's expense. Any damage or costs will be fully recovered from the Client.
ARTIKEL 17 POWERS IN INSPECTIONS OR EMERGENCIES
17.1 Periodic Inspections
The Lessor reserves the right to enter the Storage Unit for inspections, for example to check for compliance with the conditions or safety regulations. This will only be done after prior notice to the Customer, unless there is an emergency.
17.2 Emergency Access
In emergency situations, such as fire, leaks, or a suspicion of prohibited activities, the Lessor has the right to enter the Storage Unit immediately without the Customer's prior consent. In such cases, the Client will be informed as soon as possible.
17.3 Supervision of Public Authorities
If required by law, the Lessor shall provide access to the Storage Unit to appropriate government authorities. The Client will be informed of this, unless this is not permitted by law.
17.4 Documentation of Access
Every access to the Storage Unit by the Lessor is documented, including the date, time and reason for access. This data is available to the Client upon request.
ARTIKEL 18 ACCESS & ACCESS CODES
18.1 Customer's access rights
The Customer has access to the Storage Unit during the established opening hours of the location, as stated in the agreement or house rules. Outside these hours, access is only permitted with the written permission of the Lessor.
18.2 Identification Requirements
Access to the venue can only be obtained after verifying the Client's identity via a unique access code, key or other access mechanism provided by the Lessor.
18.3 Security
The venue is monitored with reasonable security measures, including CCTV, access control, and illuminated common areas. However, the Lessor does not guarantee that unauthorized access can be completely excluded.
18.4 Customer's Responsibility
The Client must strictly comply with the access regulations and may not take any action that endangers the security of the site or other users. It is forbidden to block or cause nuisance to common areas.
18.1 Unique Access Codes
Customer will receive a personal access code, key or other means of access that allows access to the location and Storage Unit. These means of access are strictly personal and may not be shared with third parties.
18.2 Loss or Misuse of Means of Access
In the event of loss, theft or suspicion of misuse of access codes or keys, the Client is obliged to report this immediately to the Lessor. The costs of replacing or resetting access means shall be borne by the Client.
18.3 Suspension of Access Rights
The Lessor may suspend the Client's access rights in the event of non-payment, violation of the terms and conditions, or other circumstances that endanger the security of the location.
18.4 Termination of Access Rights
Upon termination of the agreement, the Client's access rights will be revoked immediately. Any access codes will be deactivated, and keys must be returned to the Lessor.
18.5 Use by Authorized Persons
If the Customer authorizes third parties to gain access, the Customer will remain fully liable for the actions of such persons, including damages, losses, or violations.
ARTIKEL 19 MAINTENANCE, REPAIRS AND MODIFICATIONS
19.1 Customer Responsibilities
Customer is responsible for keeping the Storage Unit in good condition during the period of use.
The Client must immediately report any damage or defects that have not arisen due to normal use to the Lessor.
Keeping the Storage Unit clean, including the removal of dirt and residue, is the responsibility of the Customer.
19.2 Agreements on Repairs
Repairs that are necessary due to negligence or careless use by the Customer will be carried out at the expense of the Customer.
For damage that is not directly caused by the Customer (such as wear and tear or force majeure), the Lessor is responsible for repairs within a reasonable period of time.
The Customer must tolerate repairs by the Lessor and facilitate access to the Storage Unit.
19.3 Restrictions on Structural Changes
Customer may not make any structural or permanent modifications to the Storage Unit, such as drilling, painting, or the installation of fixed installations.
Temporary modifications, such as racks or storage aids, are permitted, provided that they do not cause damage and are removed upon termination of the agreement.
ARTIKEL 20 LIABILITY AND INSURANCE
20.1 Insurance Obligations for Stored Goods
The Client is obliged to insure the stored goods against risks such as fire, theft, and water damage.
If the Lessor offers collective insurance, the Client may take out a monthly fee for this, unless the Client provides written proof of his own insurance.
Uninsured goods are stored at the Customer's own risk.
20.2 Limitation of Liability of the Lessor
The Lessor is not liable for:
• damage, loss, or destruction of stored goods, unless this is the direct result of intent or gross negligence on the part of the Lessor.
• indirect or consequential damages, such as trading loss, loss of income, or emotional value of stored goods.
• malfunctions in the digital environment or damage resulting from its use, except in cases of gross negligence or intent.
The Client indemnifies the Lessor against claims by third parties with regard to the stored goods, unless otherwise stipulated in the agreement.
20.3 Force Majeure and Exclusion of Warranties
The Host is not responsible for damages caused by force majeure, including, but not limited to:
• Natural disasters, such as storms, floods, or earthquakes.
• External circumstances such as burglary, sabotage, or government measures.
The Lessor does not provide any guarantee as to the suitability of the Storage Unit for specific goods or purposes.
In the event of force majeure, the Lessor reserves the right to suspend or terminate the agreement without liability for consequential damages.
ARTIKEL 21 PRIVACY AND PERSONAL DATA
21.1 Processing of Customer Data
The Lessor processes the Customer's personal data solely for purposes such as contract management, invoicing, access to the Storage Unit, and communication. The data will not be kept longer than necessary for these purposes or as required by law. Access to this data is limited to authorized personnel and partners of the Lessor.
21.2 Applicable Law (GDPR)
The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and applicable national legislation. The Client has the right to access, correct, delete or restrict the use of his personal data, in accordance with the legal provisions.
21.3 Privacy Policy and Customer Rights
The Host's full privacy policy is available upon request or via the website. This policy describes how data is processed and secured, as well as the Customer's rights, including:
• The right to access personal data.
• The right to object to the processing of data for marketing purposes.
• The right to lodge a complaint with the national supervisory authority if the Client considers that their data is being treated incorrectly.
The Client may address privacy and data protection requests to the point of contact specified in the agreement.
ARTIKEL 22 DIGITAL TOOLS AND FUNCTIONALITIES
22.1 Use of Apps and Digital Platforms
The Lessor provides the Client with access to a digital environment, such as a mobile application or an online customer portal. Through these platforms, the Client can:
• View and pay invoices.
• Manage passcodes.
• Request support and report changes.
The use of these tools is optional but highly recommended for more efficient management of the Storage Unit.
22.2 Conditions for Digital Access
Unique Login Details: The Customer receives personal login details that must be kept strictly confidential. Misuse or loss of login details must be reported immediately to the Lessor.
Contactless Access: If available, the Customer may use contactless access methods, such as QR codes or mobile access control. These functionalities are subject to technical availability and specific security regulations.
Security: The digital platforms are protected against unauthorized access, but the Lessor is not liable for damage caused by technical malfunctions beyond its control.
ARTIKEL 23 SPECIAL ARRANGEMENTS
23.1 Specific Agreements such as Direct Debit or Surety Bonds
Direct Debit: The Customer may choose to arrange payments by direct debit. In the event of a direct debit being reversed, an administrative fee of [€X] will be charged.
Guarantees: The Client must pay a deposit at the start of the agreement, as stipulated in the special terms and conditions. This deposit will be settled upon termination of the agreement, provided that all obligations have been fulfilled.
23.2 Rules for Suspending or Modifying Storage Agreements
Suspension: The Lessor may suspend the agreement in the event of non-payment, violation of security regulations, or force majeure. During the suspension, access to the Storage Unit will be restricted.
Changes to the agreement, such as changing Storage Units or adjusting the term, can only be agreed in writing. Any additional costs will be communicated to the Client in advance.
23.3 Rules of procedure
Speed Limits: The venue has a speed limit of 15 km/h to ensure the safety of all users.
No Smoking: Smoking is strictly prohibited in all Storage Units, common areas, and other areas of the venue.
Order and cleanliness: The Client must keep common areas clean and occasionally dispose of small waste in the containers provided for this purpose.
The waste containers may not be used for the dumping of stored goods, bulky waste, hazardous waste, household or commercial waste.
Parking Rules: Parking is only allowed in designated parking areas and may not block the passage or access of others.
ARTIKEL 24 NOTICE PERIODS FOR TERMINATION
24.1 Termination by the Customer
The Client may terminate the agreement in writing with due observance of a notice period of at least 15 days prior to the end of the current rental period. Termination can be made by registered letter or via the online platform provided. If the notice is not submitted in time, the agreement will remain in force until the end of the next renewal period.
24.2 Termination by the Landlord
The Lessor may terminate the agreement with at least 15 days' notice, unless there is a serious breach of the terms and conditions by the Client, such as non-payment or storage of prohibited goods. In such cases, the Lessor reserves the right to terminate the agreement immediately without further obligations.
24.3 Termination in the event of Force Majeure
Both Parties have the right to terminate the agreement immediately in the event of force majeure, such as damage to the Storage Unit, legal restrictions or other external circumstances that make the continuation of the agreement impossible. Any amounts paid in advance will be refunded on a pro-rata basis.
ARTIKEL 25 END OF THE AGREEMENT
25.1 Access on termination
Upon termination, Customer will automatically lose the right to access the Storage Unit and its location. Access codes or keys will be deactivated or invalidated.
25.2 Requirements for Netting the Storage Unit
Upon termination of the agreement, the Customer must return the Storage Unit fully cleared, clean and in its original condition. Any damage to the Storage Unit must be repaired by the Customer or will be repaired by the Lessor at the Customer's expense. The delivery is only considered complete after inspection and approval by the Lessor.
25.3 Consequences of Negligence in Eviction
If the Customer fails to vacate the Storage Unit in a timely and correct manner:
• You will be charged extra for each day that the Storage Unit is unavailable.
• The Lessor reserves the right to claim a flat-rate fee for storage or cleaning.
• Can the agreement be terminated unilaterally, with any remaining goods being treated in accordance with the present provisions.
ARTIKEL 26 DISPUTES AND CHOICE OF LAW
26.1 Applicable law and competent courts
This agreement and all disputes arising from it are governed by Belgian law. Consumers are entitled to protection as stipulated in Article VI.91 §2 of the Code of Economic Law. Disputes will be submitted exclusively to the competent court in Bruges, unless mandatory law stipulates otherwise.
26.2 Mediation or Arbitration Clauses
In the event of a dispute, the parties undertake to first try to reach an amicable settlement through mediation. If mediation does not provide a solution within 30 days, legal action may be taken.
Alternatively, the Parties may agree in writing to submit a dispute to an independent arbitration committee. The decision of this committee shall be binding on both Parties, unless otherwise provided by applicable law.
26.3 Cost of Dispute Resolution
Costs associated with mediation or arbitration will be shared between the Parties, unless otherwise agreed. In the event of legal proceedings, the costs will be borne by the unsuccessful Party, unless the court decides otherwise.
ARTIKEL 27 FINAL PROVISIONS
27.1 Changes to Terms & Conditions
The Lessor reserves the right to amend these Terms and Conditions. Any changes will be communicated to the Client in writing or digitally at least 30 days prior to the effective date. If the Client does not agree with the changes, it has the right to terminate the agreement in writing before the effective date of the new terms and conditions. Customer's continued use of the Storage Entity after this date will be deemed acceptance of the changes.
27.2 Hierarchy of Documents
In the event of discrepancies between documents, the following order of precedence shall apply:
• Special Conditions: Priority over all other provisions.
• General Terms and Conditions: Applicable to all aspects that are not explicitly regulated in the Special Terms and Conditions.
• Internal Regulations: Additional and subordinate to the General and Special Terms and Conditions.
In the event of discrepancies between documents, the provision that is most specific in nature shall prevail.
27.3 Transfer of Rights and Obligations
By the Lessor: The Lessor may transfer its rights and obligations under this agreement to a third party without the prior consent of the Client, provided that the guarantees for the Client are not thereby diminished.
By the Client: The Client may not transfer any rights or obligations without the prior written consent of the Lessor. Any attempt to transfer without consent will be void.
27.4 Miscellaneous
If any provision of these Terms and Conditions is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties shall replace the invalid provision with a valid provision that comes as close as possible to its purpose.
The General Terms and Conditions in the Dutch language take precedence over the translations.