General Terms and Conditions (GTC) Boxly GmbH
GENERAL TERMS AND CONDITIONS (GTC) for the self-storage contract /
Version 1.2 September 2023
1.SUBJECT MATTER OF THE CONTRACT
A. BOXLY GmbH, Obergrundstrasse 61, 6003 Lucerne (hereinafter “BOXLY”) provides its customers (hereinafter “Customer”) with a closed storage space (hereinafter “Box”) for objects and personal valuables under the self-storage contract (hereinafter “Contract”) for an agreed period of time and against payment in accordance with these General Terms and Conditions (hereinafter “GTC”).
B. These GTCs are part of the self-storage contract and the customer is obliged to comply with these GTCs and additional agreements of BOXLY. The customer is liable for all damages and expenses caused by him which are incurred by BOXLY or third parties as a result of a breach of the self-storage contract and these GTCs.
C. Under no circumstances can this agreement be equated with a deposit agreement (pursuant to Art. 472 et seq. of the Swiss Code of Obligations), because BOXLY has no deposit obligations whatsoever. BOXLY does not know the type, number, condition or value of the customer’s items, does not accept them and therefore cannot be responsible for their return. The customer stores his items independently in the rented box, has access to them upon fulfillment of the contract and can remove them from the box during opening hours.
D. Under no circumstances can this contract be equated with a commercial rental agreement (pursuant to Art. 253 et seq. CO). The box may not and cannot be used to carry out the business activities of a company. The customer also declares that the box is neither necessary nor essential for the operation of a business.
Under no circumstances can the box be used as a living room or recreation room. Any regulations concerning residential premises shall not apply.
The customer is prohibited from legally or de facto establishing its domicile, place of business or branch office in the box and from affixing advertising signs, advertisements or illuminated signs inside or outside the box.
Any activity, apart from the storage of objects, the storage of which is generally permitted inside buildings, is strictly prohibited.
E. This self-storage contract is not considered a safe contract, as the level of security offered by BOXLY does not correspond to that of a safe. BOXLY accepts no liability for loss, theft and/or damage to the stored items and requires the customer to insure the value of the stored items.
F. These GTCs and the current additional agreements of BOXLY are valid in their current version. BOXLY reserves the right to amend these GTCs and additional agreements at any time.
2. TAKING OVER AND RETURNING THE SELF-STORAGE BOX
A. The customer shall be allocated a box at the agreed location when the contract is concluded. The customer is not entitled to a specific box. The customer must check the box on acceptance and report any damage or soiling immediately. If no such notification is made, it is assumed that the box has been accepted in an undamaged and clean condition.
B. When the contract is concluded, the customer is asked to verify their email address via a confirmation link. In addition, a link is sent to him by SMS to confirm his telephone number. The customer will only receive access to his box after confirmation of his e-mail address and telephone number, provided that the payment conditions have been met (see GTC 6).
C. The customer is obliged to return the box in perfect condition, free of any objects and waste and clean by the last day of the contract period at the latest. Any damage or necessary cleaning or repair work will be charged to the customer. The deposit will only be refunded after this provision has been fulfilled.
D. If the customer has not vacated the box on the last day of the contract period, BOXLY reserves the right to vacate the box itself (see GTC 11.D.). In addition, if the box is occupied after the contract period has expired, remuneration in the amount of the agreed fee, increased by a contractual penalty of 10%, must be paid.
A. The customer shall only use the contractually allocated box and may not store items in other boxes, rooms or areas of the building and premises, nor may he exceed the specified limits of his box. The customer may not alter the rooms, walls, partitioning devices, doors, electrical wiring or any other BOXLY equipment under any circumstances. He is also prohibited from removing, damaging or misusing any furnishings or other objects in the box. The customer is not entitled to hammer nails into the box, to attach screws or other fastening devices or to apply stickers to the inside or outside of the box.
B. Only the storage of objects is permitted in the box. In particular, the customer is prohibited from carrying out work of any kind in his box and from setting up machines or other objects that require an electrical or similar connection. connection. The box may not be used as a living space, recreation room or for any kind of business activity.
C. The customer is prohibited from using the rented box, the building or the premises in such a way that other customers, tenants, the management, the building owners or BOXLY are or could be disturbed or impaired or that traffic on the premises is obstructed in any way. Customers must take care not to block doors, passages and parking spaces and must not unnecessarily obstruct corridors, doors and lifts.
The use of the general rooms and objects is only permitted for loading and unloading. Only the parking spaces provided for BOXLY customers may be used and these are to be used for a limited time only for loading and unloading. Access is only permitted with vehicles that meet the requirements of the local conditions.
D. The use of the passenger and goods elevators is subject to the regulations posted there, in particular the load regulations. The customer must also comply with the permissible floor load.
E. The delivery and removal of items must be carried out with care and may only be carried out at the designated locations. The customer must remove any soiling resulting from the delivery of items immediately and without being asked to do so. Any damage incurred must be reported to BOXLY immediately; the damage will be repaired at the customer’s expense.
F. The customer undertakes to keep the box in perfect and clean condition at all times. In particular, the customer shall avoid storing items there in a way that could damage the box, the building or the items stored by other customers.
G. The customer is obliged to immediately report any damage in or to the box or in the general area to BOXLY.
H. It is expressly forbidden to store the following:
– dangerous, toxic, irritant, highly flammable and combustible, explosive, oxidizing, asbestos-containing, radioactive or corrosive objects, materials and substances (e.g. no flammable liquids, petrol, liquid gas, gas cylinders, etc.)
– Perishable, smelly or damp objects and substances
– Items that interfere with the use of other customers
– Ammunition and weapons
– Valuables and art (e.g. jewelry, money, postage stamps, watches, coins, medals, precious metals, gemstones, pearls)
– Living beings of any kind, including dead or living animals, plants, perishable foodstuffs
– all items that require legally prescribed storage conditions
– all items whose possession is prohibited by law
I. Textiles, mattresses, carpets and similar items must be packed airtight. If this is not done, the customer shall be liable for all resulting damage and its repair (e.g. moth infestation).
J. The customer confirms that he has taken note of the list (3. H and I) of items whose storage is prohibited. In case of doubt about the nature of the stored items, BOXLY reserves the right to inspect them and to enter the box for this purpose and, if necessary, to remove any objects or substances that could pose a danger to the site or the persons present.
K. It is strictly forbidden to smoke in the BOXLY area. This includes the entrance area, parking lots, corridors, elevator and the storage boxes.
The customer shall ensure that the function or accessibility of all fire protection systems, such as smoke detectors, sprinkler systems, fire extinguishers, alarm buttons, escape routes, etc. are not blocked. Any fire or emergency stairs and other emergency exits may only be used in the event of a fire or emergency. Access to all emergency exits and emergency stairs must be kept clear at all times. Storage of any kind in the escape routes is prohibited.
L. Leaving or storing any waste in and around the building is prohibited. The customer is obliged to take away and dispose of all waste. BOXLY will charge the customer for the disposal of any waste left behind.
M. The use of any transportation equipment provided is the sole responsibility of the customer. BOXLY declines all liability in the event of accidents or damage to the stored goods through the use of this transportation equipment.
N. BOXLY reserves the right to allocate the customer another box of the same size in the same building during the term of the contract, subject to a notice period of seven (7) days after notification to the customer, but without giving reasons. The costs incurred for moving the items from one room to another shall be borne by BOXLY.
4. ACCESS TO THE BUILDING AND THE RENTED BOX
A. The customer undertakes to comply with all safety precautions prescribed by BOXLY (such as rules of conduct, signs, etc.), in particular those relating to access and the opening and locking systems of the building and the box. When opening the doors and gates, the customer makes sure that he is the only person entering the building. The customer must ensure that the doors and gates behind him are closed properly. In the event of any problems, he must inform BOXLY.
B. The customer is only authorized to use the box allocated to him.
BOXLY is entitled to dispose of items that are not stored in the box at the customer’s expense.
C. Any alarm triggered due to improper behavior resulting in the deployment of a security company, the police or the fire department will be charged to the customer, this amount is at least CHF 200, plus any further damage.
D. Access cards, badges, codes and/or keys are personal and non-transferable. The customer is responsible for ensuring that these are kept in a safe place and reports any loss or theft to BOXLY immediately.
E. The customer is obliged to lock his allocated box and to keep it locked during his absence. The insurance benefit cannot be guaranteed for unlocked boxes (see GTC 8). BOXLY is not obliged to lock an open box.
G. In the case of boxes equipped with an integrated electronic lock, the customer is not authorized to attach additional locks of any kind. If the customer nevertheless installs his own locks, BOXLY is entitled at any time and without prior notification of the customer to remove them or have them removed and disposed of at the customer’s expense.
5. CONTRACT DURATION AND TERMINATION
A. The contracts concluded by BOXLY are generally open-ended, unless otherwise stated. The duration of the box provided can be specified when the contract is concluded. The minimum rental period is 7 (seven) days for fixed-term contracts and one (1) month for open-ended contracts.
B. In the case of fixed-term contracts, a fixed-term or indefinite extension of the contract may be agreed by the parties subject to a notice period of 14 days prior to the expiry of the agreed contract term. The notice period for open-ended contracts is 14 days.
C. If the contract is not terminated on time at the end of the minimum term or the box is not vacated on time, the term shall be extended by a further month in each case.
If the box of a time-limited self-storage contract is not vacated on time, the term is extended by a further month, a further week (extended term, depending on the minimum term).
The customer may terminate the self-storage contract at the end of the minimum term or the extended term, provided that all outstanding invoices have been settled and the box is completely vacated at the end of the minimum term or the extended term (see GTC 11).
D. Unless otherwise agreed, ordinary termination of the self-storage contract is possible at any time upon expiry of the minimum term or the extended term in the case of an open-ended self-storage contract. The notice period is 14 days. No ordinary termination is possible for a fixed-term self-storage contract.
E. Extraordinary termination due to breach of contract is regulated in GTC 11. If, in exceptional cases, an entire location or part of a location is closed, BOXLY may also terminate the contract before the expiry of the minimum term or, in the case of fixed-term self-storage contracts, before the expiry of the contract, with a notice period of two (2) weeks. As a rule, an alternative location would be offered in such a case.
6. FEE AND DEPOSIT
A. The box is provided for a fee. The amount of this fee and the payment modalities are determined when the contract is concluded.
B. Unless otherwise agreed, the fee for a fixed-term self-storage contract must be paid in full in advance for the entire term of the contract.
The fee for an open-ended contract with or without a minimum term is usually payable monthly and in advance. In the event of late payment, the range of services may be discontinued or restricted immediately (see GTC 11), and reminder fees of at least CHF 20 per reminder may be charged. The receivables can be transferred to a debt collection service provider.
C. BOXLY is entitled to change the fee in the open-ended contractual relationship (after expiry of any minimum term) at any time and without reason. The customer must be informed of this in writing at least four (4) weeks before the change comes into effect.
D. Upon conclusion of the contract, the customer may be charged a deposit of at least one monthly fee. This can be adjusted accordingly if the monthly fee is increased. However, BOXLY reserves the right to demand a higher deposit, depending on the case. This deposit shall not bear interest and shall be refunded to the customer no later than thirty (30) days after the end of the contractual relationship and the timely and proper return of the box, but reduced by all outstanding claims of BOXLY against the customer under the contractual relationship. It is not possible to offset or offset the deposit or to draw on the deposit before the end of the contractual relationship.
7. LIABILITY OF BOXLY
A. BOXLY shall only be liable in cases of intent and gross negligence. Any further liability is excluded to the extent permitted by law.
B. The items stored and brought in by the customer are not insured by BOXLY. Handling and storage of the items shall be at the customer’s own risk.
C. Notwithstanding any provisions to the contrary, BOXLY declines all liability for damage, loss or destruction of the customer’s items, regardless of the cause (theft, fire, water, vandalism), regardless of whether they were in the box, inside the building or on the premises.
In particular, BOXLY shall not be liable for damage caused to the customer’s items by the effects of moisture, regardless of the type, origin, duration and handling of such effects.
D. The customer is solely responsible for granting access to his box to third parties and BOXLY is not liable for damage, loss or theft of the customer’s items in connection with such access authorization to third parties.
E. BOXLY shall not be liable if access to the building or the box is temporarily not possible due to a technical fault or other circumstances for which BOXLY is not responsible.
BOXLY shall not be liable for any resulting damage or consequential damage in the event of a failure of the internet, electricity, water or heating supply. The customer is not entitled to assert claims of any kind against BOXLY arising from the temporary interruption of the supply of water, electricity, etc. to the box or the premises. The customer is not entitled to assert claims of any kind whatsoever against BOXLY, in particular claims for damages or reduction of payment.
8. INSURANCE OF THE STORED ITEMS
A. The customer is obliged to take out comprehensive insurance for the stored items and to maintain this for the entire storage period. In particular, this insurance must cover fire risks, explosions, water damage, robbery, theft, vandalism and natural hazards up to the replacement value of the stored items.
The customer can take out such insurance through BOXLY or with an insurance company of his own choice, respectively. extend an existing insurance cover to the items stored at BOXLY.
B. In the case of insurance cover via BOXLY, the customer shall notify BOXLY of the new value of the stored items, and the customer shall inform BOXLY if the new value of the stored items changes during the term. The insurance is only liable for the insured replacement value and not for any difference.
The insurance cover becomes invalid if the customer is more than 10 days in arrears with payment of the fee for the box and/or the insurance premium. The insurance conditions are based on the valid provisions of the insurance company.
A. Wireless Internet access (WLAN) is available to the customer at some BOXLY locations. BOXLY is not obliged to guarantee the actual availability, reliability or volume of this Internet access for any purpose. BOXLY does not provide security measures such as virus protection, firewall or similar.
B. The customer receives access data (login and password) for this purpose. BOXLY can do this
Change and/or restrict access data at any time. The customer undertakes to keep his access data secret at all times.
C. Use of the WLAN is at the customer’s own risk and peril. For damage to the customer’s end devices or data caused by the use of the WLAN
BOXLY does not accept any liability for damages arising from the use of the goods.
D. The customer is hereby informed that every use of the WLAN can be documented and archived by BOXLY with IP address, MAC address, date and duration.
10. DATA PROTECTION
B. The customer permits the surveillance of persons in front of and inside the building and in the rented box by means of surveillance cameras. The customer explicitly agrees to the storage, retention and evaluation by BOXLY of the data collected by the surveillance cameras and access controls.
C. The customer authorizes the recording of telephone calls and explicitly agrees to the
BOXLY agrees to the storage, retention and evaluation of the information collected through the telephone calls.
11. NON-COMPLIANCE WITH THE TERMS OF THE CONTRACT
A. If the customer does not comply with the payment deadlines or the other conditions set out in the contract and these GTCs, BOXLY may put the customer in default in writing (by e-mail). If the customer still complies with his obligations within a period of 10 days, BOXLY has the right: to refuse the customer in breach of contract access to the building and/or the box and to withdraw the access authorization to store or dispose of the items at the customer’s expense and risk at another location to terminate the contract with the customer in breach of contract with immediate effect without notice and to dispose of the stored items immediately.
In the event of a serious breach of contractual obligations by the customer, BOXLY has the right to terminate the contract immediately without notice and without setting a grace period and to dispose of the stored items and/or the customer in breach of contract is liable for all damages caused by his breach of contract.
B. The customer is obliged to vacate the box within 48 hours of receiving the extraordinary termination notice and to return it clean and tidy (see GTC 2.C).
C. The customer grants BOXLY a lien on the stored items. If the customer is more than 4 weeks in arrears with the payment of his obligations in whole or in part, BOXLY shall be entitled to assert the right of lien and to realize the items privately without warning of the realization of the lien or to dispose of them (if the market value is expected to be low or non-existent).
The provisions on the realization of pledges are not applicable. The resulting purchase price shall be offset against the outstanding claims of BOXLY, including the costs for clearance and utilization or disposal, and any excess amount may be reclaimed from the customer.
D. If the customer does not collect items left in the box within 4 weeks after the regular termination of the contract despite a request by email, BOXLY is entitled to dispose of or recycle these items at its own discretion. BOXLY also has the right at any time to store the items at another location at the customer’s expense and risk. The same applies if 4 weeks have elapsed since termination of the contract and the customer has not provided an address suitable for delivery. The customer authorizes BOXLY to dispose of any items left behind. Any proceeds shall be paid to the customer after deduction of costs. In the event of disposal or recycling, the customer shall bear the costs.
A. BOXLY reserves the right to unilaterally adapt these GTC to the development of the situation and experience of the business, taking care that in no case a significant and unjustified disproportion between the contractual rights and the contractual obligations of the customer arises. The new GTCs apply to the contract with the customer.
B. The customer is not permitted to sublet the box in whole or in part.
C. An assignment of this contract requires the written consent of BOXLY. BOXLY may refuse consent without giving reasons.
D. The customer is obliged to inform BOXLY immediately in writing of any change of address, telephone number or e-mail address. As long as this has not been done, BOXLY is authorized to send correspondence to the last address and/or telephone number provided.
E. Should individual provisions of the contract and these GTCs be or become invalid, the remaining contractual provisions shall remain in full force and effect. The invalid provision shall be replaced by a provision that comes closest to the intention of the parties.
F. BOXLY is permitted to send notifications incl. to send reminders and eviction notices to the customer via the cell phone number and/or email address provided by the customer.
If BOXLY is unable to contact the customer due to an out-of-date cell phone number or email address, the customer is automatically deemed to have been contacted or notified.
G. In the event of contradictions between this German version and the version in another language, the German version shall prevail.
13. APPLICABLE LAW AND PLACE OF JURISDICTION
A. Swiss law shall apply exclusively. The ordinary courts in Lucerne shall have jurisdiction for all disputes in connection with this contract.