GENERAL TERMS

GENERAL TERMS AND CONDITIONS OF WAREHOUSE SPACE LEASE AGREEMENT

IN SELF STORAGE

 

1. SUBJECT OF THE LEASE

1. These General Terms and Conditions of the Lease Agreement for Storage Space in the Self-Service Warehouse ("Self Storage"), hereinafter referred to as the "GTC" shall apply to the lease agreements (hereinafter referred to as the "Agreements") concluded by Wincenty Furmanek, conducting business activity under the business name VINCENTPERSONALNY WINCENTY FURMANIAK at 53A Graniczna Street, apt. 2, 93-42 Łódź; NIP: 7290113726 (hereinafter referred to as the "Landlord") 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 has the legal title to the area located in Łódź code 93-457. Hive. Pabianicka 245 CH Port Łódź, the area of the underground car park (hereinafter referred to as the "area") where there are rooms – self-service storage boxes ("Boxes").

3. The subject of the lease is the Box indicated during the rental process.

4. The Landlord upon concluding the Agreement or immediately after its conclusion shall provide the Tenant with an access code or otherwise enable access to the Box selected by the Tenant.

 

2. CONTRACT DURATION

5. The agreement may be concluded for a definite or indefinite period.

6. The minimum rental period is 1 month.

7. In the case of the Agreement concluded for a definite period of time, the Lessee's early resignation from using the Box does not release the Lessee from the obligation to pay the Rent to the Landlord until the end of the agreed period. In the case of an Agreement concluded for an indefinite period of time, each Party may terminate the Agreement with a 1-month notice period counted from the last day of the calendar month in which the notice was submitted.

8. The Landlord may terminate the Agreement concluded for a definite period of time as well as for an indefinite period with immediate effect, without notice, in the event of:

1. violation by the Tenant of the provisions of point 15 and point 17 of the GTC or delay in payment of the Rent exceeding 14 days,

2. when it will be impossible to contact the Tenant for 14 consecutive days and the Tenant will not notify the Landlord about the temporary lack of contact.

 

3. RENT

9. On account of the rental of the Box, the Tenant is obliged to pay the Rent in the amount specified in the Agreement (hereinafter referred to as the "Rent") and to pay a one-time deposit. The unused amount of the deposit will be returned to the tenant within 3 working days from the date of termination of the lease. The deposit is not subject to interest.

10. 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 the on-line payment methods provided by the Landlord – one-off or automatically renewed. In the event of delay in payment of the Rent, the Landlord is entitled to statutory interest for delay in commercial transactions, and if the Tenant is a consumer, statutory interest for delay. Moreover, a delay in the payment of the Rent or its part of the Rent for more than 7 days results in the deactivation of the access code to the warehouse in which the Tenant has the Box. The access code will be returned to the Tenant after payment of all liabilities towards the Landlord, and the Lessee is not entitled to any claims against the Landlord for deactivating and preventing the use of the Box.

11. The tenant agrees to receive invoices electronically to the indicated e-mail address.

12. In the case of contracts concluded for an indefinite period of time. The rent will be subject to annual indexation by the index of growth 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 following month after the Tenant receives notification of the change in the Rent.

 

4. RULES FOR USING THE BOX

13. The Landlord provides the Tenant with access to the Box from Monday to Saturday from 7 a.m. to 9 p.m. and on Sundays from 8 a.m. to 8 p.m., unless otherwise stated in the Agreement concluded with the Tenant.

14. Vehicles that meet the conditions of the regulations of the Port Łódź Shopping Centre regarding underground parking can enter the underground car park.

15. The building is monitored, it is not guarded or supervised. The Lessor shall not be liable for damage or loss of items stored in the Box, in particular as a result of theft, actions of third parties or force majeure, including fortuitous events such as fire or flooding. The door to the Box is secured against access by third parties by an electric lock located in the door of the Box.

16. The Tenant has no right 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 movables in it, as well as to conduct business activity in it. The boxes are used by the tenant only for warehouse purposes.

17. The Tenant may not sublet the Box or make it available to third parties without the Lessor's consent expressed in a document.

18. The Tenant may use the Box only for the purpose of storing movables in it, with the exception of:

1. perishable goods or goods at risk of perishing;

2. explosives, weapons, ammunition and products and technologies for military or police purposes,

3. the storage of which is regulated by separate provisions of law, including in terms of specific requirements or rules of storage,

4. animals, as well as dead animals and carcasses,

5. flammable, toxic or radioactive materials, including natural gas, technical gases, gasoline, oils, fuels and flammable chemicals, as well as empty gas and fuel cylinders.

6. Vehicles or other devices powered by liquid or gaseous fuels with an unemptied fuel tank.

7. items the possession of which is prohibited by law,

8. items weighing more than 500 kg per m2 of the Box area,

9. plants, food,

10. human or animal blood, tissues or organs,

11. stolen or otherwise derived from crime,

12. narcotics,

13. coins, coins, coins, securities, etc.,

14. jewellery, watches, precious stones and stamps, the total value of which exceeds PLN 10,000,

15. ) furs, works of art, mobile phones, perfumes, cigars, cigarettes, alcoholic beverages, etc., the value of which exceeds PLN 10,000,

16. electronic articles with a total value exceeding PLN 10,000.

17.  Dismantled tires from motor vehicles.

19. The total value of items placed in the Box cannot exceed PLN 50,000, unless the Agreement states otherwise or the Landlord agrees to it in a documentary form.

20. The Tenant is obliged to use the Box in a way that does not threaten the safety of other people and property, does not disturb the order in the building and does not hinder the Landlord's business in the building, as well as does not hinder other Tenants from using the storage lockers.

21. If the Tenant leaves rubbish in a place not intended for this purpose in the area belonging to the Landlord or at a distance of up to 5 meters from it, the Landlord will be entitled to a contractual penalty in the amount of PLN 100 for each case of violation.

22. The landlord is entitled to claim compensation on general principles 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.

 

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

23. The Landlord's liability under this Agreement, regardless of the exclusions referred to in point 12 above, is limited to the amount of 1 monthly Rent specified in the Agreement and only for damages caused by the Landlord intentionally. The landlord is not responsible for the profits lost by the tenant.

24. The Lessee is liable for damage caused by the Tenant to the Box and to 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 their behalf and under their authority. The tenant is also responsible for damage caused by the items stored by him.

25. The Tenant is obliged to immediately inform the Landlord about the occurrence of damage to the items stored in the Box or on the Landlord's property.

26. In the event of damage caused by the Tenant, the Tenant will remove it at the first request of the Landlord. The landlord will set an appropriate deadline for the removal of damage by the tenant. This period cannot be shorter than 3 days.

27. In the event of failure to remove the damage within the time limit set by the Landlord, the Landlord is entitled to remove the damage at the expense of the Tenant. The landlord will call 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.

28. The Lessee is obliged to make the Box available to the Landlord in order to check its condition, with at least 7 days' notice. In emergency cases, in particular in a state of threat to health, life or property, the Landlord has the right to open the Box without prior notification to the Tenant, including the removal of the existing collateral. The Landlord is obliged to immediately notify the Tenant of the above.

29. At the request of the Police, Fire Brigade, Gendarmerie or on the basis of a court decision or a decision of another public authority or local government, the Lessor will be entitled to open the Box and make the items stored in it available to the authorized authority.

30. The Landlord will be entitled to open and empty the Box at the Tenant's expense also if the Tenant fails to meet his 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 Lessor has the right to take over the ownership of the items stored in the Box, in accordance with its decision. If the Borrower does not use this right, the Lessee is obliged to cover the costs of disposal of the items stored in the Box.

31. The Landlord will be entitled to open the Box if it is impossible to contact the Tenant for 14 consecutive days.

32. After termination or expiration of the Agreement, the Tenant undertakes to empty the Box and hand it over to the Lessor, at the latest on the date of termination or expiration of the Agreement. Any movable items left by the Lessee in the Box after this date are 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 Tenant's expense. In addition, the Landlord will charge the Tenant with the costs of remuneration for non-contractual use of the Box in the amount of two months of the last applicable Rent for each commenced month of using the Box.

 

6. COMMUNICATION OF PARTIES

 

33. The Tenant 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 Rental Agreement.

34. The Tenant is obliged to immediately (not later than within 7 days from the occurrence of such a change) inform the Landlord about any changes in the data provided in the Rental Agreement, change of name, surname, company, place of residence, registered office, legal status, bank account, contact phone numbers, Tax Identification Number (NIP), REGON number. In the absence of information about the change of data, deliveries and other attempts to contact the existing data are effective.

35. In the event of a temporary obstacle in contact between the Landlord and the Tenant or a temporary lack of contact between the Parties, the Tenant will notify the Landlord about it within 3 days from the date of occurrence of such an obstacle.

 

7. GDPR INFORMATION CLAUSE

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

37. The processing of the Renter's personal data takes place only for the purpose of performing the Agreement, i.e. on the basis of Article 6(1)(b) of the Regulation. Notwithstanding the above, the Tenant may give a separate, voluntary consent to receive commercial information by the Landlord.

38. The recipient of the Tenant's personal data will be postal operators, electronic payment operators and – if necessary – a law firm.

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

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

41. The Tenant 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 to the President of the Office for Personal Data Protection, if they consider that the processing of their personal data violates the provisions of the Regulation. The tenant also has the right to request information about their personal data and the entities to which they have been made available.

 

8. FINAL PROVISIONS

1. Any amendments to the Agreement concluded between the Parties, as well as the statement of its termination, termination or withdrawal, must be in a documentary form. The Landlord may unilaterally amend the GTC by delivering to the Tenant in writing or by e-mail the new wording of the GTC, which binds the Tenant in accordance with Article 3841 of the Civil Code, i.e. unless the Tenant terminates the Agreement within the next notice period.

2. In matters not regulated by the Agreement or GTC, the provisions of the Civil Code shall apply.

3. Any disputes arising from this Agreement will be resolved by a common court appointed by the Lessor.