GENERAL TERMS

GENERAL TERMS AND CONDITIONS OF THE LEASE AGREEMENT FOR WAREHOUSE SPACE IN A SELF-SERVICE WAREHOUSE ("Self Storage")

1. SUBJECT OF LEASE

1. These General Terms and Conditions of the Self Storage Warehouse Lease Agreement, hereinafter referred to as the "GTC", apply to the lease agreements (hereinafter referred to as the "Agreements") concluded by Wincenty Furmaniak, conducting business activity under the name VINCENTPERSONALNY WINCENTY FURMANIAK at 53A Graniczna Street, loc. 2, 93-428 Łódź; NIP: 7290113726 (hereinafter referred to as the "Lessor") and the Tenants, i.e. natural persons, legal persons or organizational units, without legal personality, which is granted legal capacity by law, and constitute an integral part of the Agreements.
2. The landlord declares that he is entitled to a legal title to the area located in Łódź code 93-457. Ul. Pabianicka 245 CH Port Łódź, the area of the underground car park (hereinafter referred to as the "area"), on which there are premises – self-service storage boxes ("Boxes").
3. The subject of the lease is the Box indicated during the rental process.
4. The Lessor, upon concluding the Agreement or immediately after its conclusion, shall provide the Lessee with an access code or otherwise enable access to the Box selected by the Lessee.

 

1. CONTRACT DURATION

1. The agreement may be concluded for a definite or indefinite period.
2. The minimum rental period is 1 month.
3. In the case of a fixed-term Agreement, the Lessee's earlier resignation from the use of the Box does not release the Tenant from the obligation to pay the Rent to the Landlord by the end of the agreed period, unless the parties conclude a separate agreement in this regard. In the case of an Agreement concluded for an indefinite period of time, each of the Parties may terminate the Agreement with a 1-month notice period.
4. The Lessor may terminate the Agreement concluded for a definite period of time as well as for an indefinite period of time with immediate effect, without observing the notice period in the event of:

1. breach by the Tenant of the provisions of points 15 and 17 of the GTC or delay in payment of the Rent exceeding 14 days,
2. when it is not possible to contact the Tenant for 14 consecutive days, and the Tenant does not notify the Landlord of the temporary inability to contact them.

 

1. RENT

1. On account of the lease of the Box, the Tenant is obliged to pay the Rent in the amount specified in the Agreement (hereinafter referred to as the "Rent").
2. The Rent will be paid in advance in a non-cash form, by transfer to the Landlord's bank account, on the basis of a VAT invoice issued by the Landlord, to the bank account indicated on the invoice or via online payment methods made available by the Landlord – one-off or automatically renewable. In the event of late payment of the Rent, the Landlord is entitled to statutory interest for late payment in commercial transactions, and if the Tenant is a consumer, statutory interest for delay. In addition, a delay in the payment of the Rent or part thereof of more than 7 days results in the deactivation of the access code granted to the Tenant to the warehouse in which the Tenant has the Box. The access code will be restored to the Tenant after payment of all liabilities towards the Landlord, and no claims against the Landlord are entitled to deactivate and prevent the use of the Box.
3. The Tenant agrees to receive invoices electronically to the indicated e-mail address.
4. In the case of contracts concluded for an indefinite period. The rent will be subject to annual indexation by the growth rate of consumer goods and services (inflation) published by the President of the Central Statistical Office for the previous year. The rent increase does not require an amendment to the Agreement and is effective from the next month after the Tenant receives notification of the change in the amount of Rent.

 

1. RULES FOR USING THE BOX

1. The Landlord shall provide the Lessee with access to the Box from Monday to Saturday from 7 a.m. to 9 p.m. and on Commercial Sundays from 8 a.m. to 8 p.m., unless otherwise stipulated in the Agreement concluded with the Tenant.
2. Vehicles that meet the conditions of the Port Łódź Shopping Centre's regulations regarding the underground car park may enter the underground car park.
3. The building is monitored, but not guarded. The Lessor shall not be liable for damage or loss of items stored in the Box, in particular as a result of theft, third party action or force majeure, including random events such as fire or flooding. The door to the Box is secured against access by third parties with an electric lock located in the door of the Box.
4. The Tenant is not entitled to make any changes or improvements to the Box, as well as to change its purpose. In particular, it is not allowed for people to stay in the Box outside of activities related to the storage of movable property in it, as well as to conduct business activity in it. The boxes are used by the tenant only for warehouse purposes.
5. The Lessee may not sublease the Box or make it available to third parties without the Landlord's consent expressed in documentary form.
6. The Lessee may use the Box only for the purpose of storing movable property in it, with the exception of:

1. perishable or prone to perishability;
2. explosives, weapons, ammunition and products and technologies for military or police purposes,
3. items the storage of which is regulated by separate provisions of law, including in the scope of special requirements or storage rules,
4. animals, as well as dead animals and carcasses,
5. flammable, toxic or radioactive materials, including natural gas, as well as technical gases, petrol, oils, fuels and flammable chemicals, as well as empty gas and fuel cylinders.
6. vehicles or other equipment powered by gaseous fuels,
7. items the possession of which is prohibited by law,
8. blood, tissues or organs of human or animal
9. narcotics,
10. Dismantled tires from motor vehicles.

1. The Tenant is obliged to use the Box in a way that does not endanger the safety of other people and property, does not violate the order in the building and does not hinder the Lessor's business in the building, as well as does not hinder other Tenants from using the storage lockers.
2. If the Lessee leaves garbage in an area belonging to the Landlord or at a distance of up to 5 meters from it, the Lessee will be entitled to a contractual penalty of PLN 500 for each case of violation.
3. The landlord is entitled to claim compensation on general terms if the amount of damage suffered by him exceeds the value of the contractual penalty due to him. The landlord is also entitled to claim reimbursement of costs incurred in connection with the removal of violations.

 

1. LIABILITY AND OBLIGATIONS AFTER TERMINATION OR EXPIRATION OF THE CONTRACT

1. The Landlord's liability under this Agreement, notwithstanding the exclusions referred to in clause 12 above, is limited to the amount of 1 month's Rent specified in the Agreement and only for damages caused intentionally by the Landlord. The Landlord is not responsible for the lost benefits of the Tenant.
2. The Renter shall be liable for damages caused by the Tenant to the Box and on the Landlord's property on which the Box is located, as well as for damage caused by persons who have access to the Box on his behalf and on his behalf. The tenant is also responsible for damage caused by the items stored by him.
3. The Lessee is obliged to immediately inform the Landlord about the occurrence of damage to the items stored in the Box or to the Landlord's property.
4. In the event of damage caused by the Tenant, the Tenant will remove it at the first call of the Landlord. The Landlord will set an appropriate deadline for the Tenant to remove the damage. This deadline may not be shorter than 3 days.
5. In the event of failure to remove the damage within the time limit set by the Lessor, the Landlord is entitled to remove the damage at the Lessee's expense. The Landlord will call on the Tenant to reimburse the costs of repairing the damage. The tenant is obliged to make the payment within 7 days from the date of delivery of the summons.
6. At the request of the Police, the Fire Brigade, the security of C.H. Port Łódź or the decision of the court, the Lessor will be entitled to open the Box and make the items stored in it available to the authorized authority.
7. The Landlord shall be entitled to open and empty the Box at the Lessee's expense also in the event that the Lessee fails to meet its obligation to pay the rent of the Box within 14 days from the date on which the payment of the rent became due. In such a case, the Landlord has the right to empty and dispose of the items stored in the box at the expense of the Lessee, after informing about this fact twice electronically.
8. Upon termination or expiration of the Agreement, the Lessee undertakes to empty the Box and hand it over to the Lessor, no later than on the date of termination or expiration of the Agreement. Any movable property left by the Tenant in the Box after this date is considered abandoned within the meaning of Article 180 of the Civil Code. After the expiry of the above-mentioned period, the Landlord may empty the Box at the Lessee's expense. In addition, the Landlord shall charge the Lessee with the costs of remuneration for non-contractual use of the Box in the amount of the last two months of the applicable Rent for each commenced month of using the Box.

 

1. COMMUNICATION OF THE PARTIES

31. The Lessee declares that the data provided in the Lease Agreement are true. The Landlord has the right to contact the Tenant at the telephone number and address indicated in the Lease Agreement.

32. The Lessee is obliged to immediately (no later than within 7 days from the date of such change) inform the Landlord of any changes to the data provided in the Lease Agreement, change of name, surname, company, place of residence, registered office, legal status, bank account, contact phones, Tax Identification Number (NIP), REGON number. In the event of failure to inform about the change in data, delivery and other attempts to contact the existing data are effective.

33.In the event of a temporary obstacle in contact between the Lessor and the Lessee or a temporary inability to contact the Parties, the Lessee shall notify the Landlord thereof within 3 days from the date of occurrence of such an obstacle.

 VII. INSURANCE

34. The tenant may voluntarily insure the property stored in the rented box by selecting one of the options during the rental process,

35. The insurer's liability towards the Renter for damages resulting from fortuitous events is limited to the amount indicated by the Renter in the insurance contract, and this sum should correspond to the value of the stored property.

36. For damages resulting from burglary and robbery, a limit of 50% of the sum indicated by the Tenant is provided.

37.In the event of damage as below, the Renter is obliged to immediately notify the Landlord and the nearest Police Station.

38. Other terms and conditions of insurance are specified in the agreement concluded with the insurer.

 VIII. GDPR INFORMATION CLAUSE

39.In connection with the conclusion of the agreement, the Landlord becomes the administrator of the Lessee's personal data, if the Lessee is a natural person.

40.The processing of the Lessee's personal data is carried out solely for the purpose of performing the Agreement, i.e. pursuant to Article 6(1)(b) of the Regulation. Notwithstanding the above, the Lessee may grant a separate, voluntary consent for the Lessor to send him commercial information.

41.The recipients of the Lessee's personal data will be postal operators, electronic payment operators and, if necessary, a law firm.

42.The Landlord does not transfer the Lessee's personal data to third countries or international organizations.

43. The Lessee's personal data will be stored for the period of performance of the Agreement, as well as for a period of 6 years after the termination of the cooperation of the Parties due to accounting obligations and the possible need to pursue claims arising from the Agreement. Data processed on the basis of the consent granted to the sending of commercial information will be processed only until the consent is withdrawn.

44.The Lessee has the right to access the content of their data and the right to rectify, delete, limit processing, the right to transfer data and the right to object to the processing of personal data, as well as the right to lodge a complaint with the President of the Office for Personal Data Protection if they believe that the processing of their personal data violates the provisions of the Regulation. The Lessee also has the right to request information about their personal data and the entities to whom they have been made available.

IX. RULES FOR USING A VAN  VIP-BOX.PL

45. The Lessor may make available to the Lessee a van owned by the Lessor as an additional service related to the rental of the Storage Box.

46. The car may be made available: a) free of charge – as an additional benefit for active Lessees, b) for a fee – in accordance with the current price list of the Lessor.

47. Free use of the vehicle is only available to active Lessee VIP-BOX.PL after prior reservation and only if the vehicle is available.

48. As part of the  use, the Lessee is entitled to a one-time rental of the vehicle:

a) up to 1 hour 50 PLN;

b) up to 3 hours 80 PLN;

c) up to 5 hours 100 PLN

**** ask about renting a van for free

with a limit of up to 50 kilometers,

solely for the purpose of transporting the items to or from the rented Box or for any other purpose accepted by the Lessor.

49. After exceeding the limits specified in point 44, the following fees will be charged: PLN 50.00 gross for each commenced hour over the limit, PLN 1.00 gross for each kilometer over the limit of 50 km.

50. Paid car rental is carried out in accordance with the current price list applicable to the Lessor. The price list is available at the Landlord's headquarters and on the VIP-BOX.PL's website.

51. The vehicle may only be used by a person with a valid category B driving license, with full legal capacity, accepted by the Lessor.

52. The Lessee undertakes: to use the vehicle in accordance with its intended purpose, to comply with the applicable traffic regulations, to properly secure the transported cargo, not to make the vehicle available to third parties without the consent of the Lessor, to return the vehicle clean, with the same level of fuel as it was issued, to return the vehicle in an undeteriorated condition, taking into account normal wear and tear.

49. It is forbidden to drive a vehicle under the influence of alcohol, narcotic drugs or substances that limit the ability to drive, to smoke tobacco and electronic cigarettes in the vehicle, to transport dangerous, flammable materials or the transport of which requires special permits, to use the vehicle for driving lessons, rallies, races, motor sports or towing other vehicles, to travel outside the borders of the Republic of Poland without the written consent of the Lessor.

53. The Lessee bears full responsibility for:

fines,

parking fees,

tolls,

administrative fees,

damage caused by his fault,

any violations of traffic regulations that occurred during the use of the vehicle.

54. The car has mandatory third-party liability insurance and may be covered by AC and Assistance insurance in accordance with the currently applicable policy. In the event of damage caused by the fault of the Lessee, the Lessee shall be liable on the terms resulting from the applicable provisions of law and the terms of the concluded insurance policy. If the insurer refuses to pay compensation for reasons attributable to the Lessee, the Renter is obliged to compensate for the damage in full.

55. In the event of a collision, breakdown, damage or theft of the vehicle, the Lessee is obliged to:

immediately notify the Landlord,

secure the vehicle and the place of the incident,

act in accordance with the applicable law,

cooperate with the insurer and provide all the information necessary to settle the claim.

56. The Lessor reserves the right to refuse to provide the vehicle without giving a reason, in particular in the case of:

Booking a vehicle in advance

failure or technical inspection,

reasonable doubts regarding the safe use of the vehicle,

arrears of payment by the Lessee towards the Landlord.

57. The provision of the car constitutes an additional service offered by the VIP-BOX.PL and does not constitute an element of the Box Rental Agreement. Temporary suspension or termination of this service shall not constitute grounds for reducing the Rent or making any claims against the Landlord.

58. By signing the Rental Agreement and accepting these General Terms and Conditions, you agree to the terms and conditions of use of the van set forth in this section.

 

 

X.   FINAL PROVISIONS

1. Any changes to the Agreement concluded between the Parties, as well as a statement of its termination, termination or withdrawal, must be in documentary form. The Lessor may unilaterally amend the GTC by delivering to the Lessee in writing or by e-mail the new wording of the GTC, which binds the Lessee in accordance with Article 3841 of the Civil Code, i.e. unless the Lessee terminates the Agreement within the earliest notice period.
2. In matters not regulated by the Agreement or the GTC, the provisions of the Civil Code shall apply.
3. Any disputes arising from this Agreement shall be submitted to the resolution of a common court designated by the Lessor.