MyBox Terms and Conditions

The rental serves as a storage facility. The tenant undertakes to use the rental property exclusively for this purpose. The tenant undertakes to use the rental property only in such a way that no environmental damage or danger to the legal interests of the landlord or third parties can arise. It is not permitted to store substances that are flammable or explosive, radioactive, prone to spontaneous combustion, toxic, corrosive, hazardous to water or have a bad smell.

A storage ban also applies to perishable and rotting goods that can attract vermin, as well as to living animals and plants. The use of the rental property for people to stay in, even temporarily, is not permitted.

The tenant pays the landlord for 4 calendar weeks in advance. For further details please refer to your Sales order.

1. The first rent is due upon conclusion of the rental agreement.

2. The remaining rents are due in advance for each billing period (4 calendar weeks each), no later than the third working day of a billing period. The landlord receives a revocable direct debit authorization from the tenant. In the event of late payment, the landlord is entitled to charge the statutory default interest and a fee of €5.00 for the 2nd reminder and €5.00 for the 3rd reminder. If the direct debit is returned, the tenant will bear the bank charges incurred by the collecting bank. A return debit fee of €15.00 will be due for this.

3. If the tenant is in default, payments shall, unless the tenant specifies otherwise, be credited first to any costs, then to interest, then to the deposit and finally to the principal debt, and first to the oldest debt.

1. Upon conclusion of the rental agreement, the landlord receives a rental security in the amount of 4 weeks' rent, if this is requested by the landlord.

2. No interest is paid on the rental security. The rental security is not offset against the last rent.

3. After the proper return of the rental property, which must be carried out by an inspection with the MyBox staff, the landlord must immediately transfer or pay the deposit to the tenant into an account specified by the tenant. To do this, the tenant must immediately inform the landlord that he has vacated the rental space. The final move-out is completed by the sent move-out invoice and the associated receipt.

1. The tenant’s claims for damages, regardless of their nature, are limited to cases of intentional and grossly negligent breach of duty by the landlord or his vicarious agents.

2. The landlord is only liable for slight negligence, including that of his vicarious agents and assistants, if this results in a sustained breach of a cardinal obligation incumbent upon him. A cardinal obligation is a landlord's obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely. In such cases, the landlord's liability is limited to the typically occurring, foreseeable and immediate damage. Other limitations of liability of the landlord remain unaffected.

3. In accordance with the above points 1 and 2, the landlord's liability is also excluded for damage caused by fire, smoke, soot, snow, water, mud and gradual effects of moisture, unless the damage was caused by gross neglect of the rental property and the landlord failed to remedy the defects within a reasonable period of time despite timely notification and request from the tenant. The landlord's further liability, according to Section 536a of the German Civil Code, for initial defects is expressly excluded unless it is based on intent or gross negligence. The landlord's liability for fraudulent intent, according to Section 536d of the German Civil Code, remains unaffected.

4. The tenant is liable for any culpable damage to the rented property and the warehouse building as well as all systems and facilities belonging to the warehouse building caused by the tenant, his relatives, his employees, his subtenants or other persons who come into contact with the rented property or the warehouse building at his instigation.

5. Disruptions to the use of the rental property by other tenants or other third parties (e.g. due to traffic diversions, excavations, road closures, noise, smell or dust nuisances or similar), regardless of the extent, do not constitute a defect in the rental property, unless the landlord is responsible for them due to gross negligence or intent. The landlord will, however, endeavour to eliminate any disruptions of which he is aware.

1. The landlord may carry out repairs and structural changes that are necessary to maintain the warehouse or the rented property or to avert imminent dangers or to eliminate damage, even without the tenant's consent. This also applies to work and structural measures that are not necessary but are nevertheless appropriate, in particular to modernize and/or make better use of the warehouse or to save energy, provided that they do not significantly affect the tenant. In the case of value-enhancing or energy-saving measures, the landlord will notify the tenant one month before the start of the measure about its start and expected duration. If necessary, the tenant must cooperate in carrying out this work, e.g. by temporarily rearranging his stored items, etc. If the tenant violates these obligations, he is liable to the landlord for any additional costs incurred. The landlord is obliged to have the work carried out promptly.

2. To the extent that the tenant has to tolerate the work, he can only reduce the rent, exercise a right of retention, offset or demand compensation if the work involved completely excludes or significantly impairs the use of the rented property or its replacement rooms for the agreed purpose.

1. At the end of the tenancy, the rented property must be returned in the same condition (swept and free of stains). The tenant must in particular

to remove any items brought in and to carry out any necessary cosmetic repairs as well as maintenance or repair work at their own expense,

as far as damages within the rented premises are caused by the

The damage is the result of damage that comes from the tenant’s area of risk.

2. If the tenant does not vacate the rental property in whole or in part upon termination of the tenancy in accordance with §3.4 or in any other way, the landlord is entitled to set the tenant a deadline of 4 weeks to vacate the property completely, pointing out the consequences of failing to comply with the deadline. (1st request). The landlord can then have the items left behind stored elsewhere at the tenant's expense and risk. If the tenant does not comply after the first request and a subsequent request from the landlord to collect the items, setting a deadline of at least 3 months and pointing out the consequences of expiry of the deadline (2nd request), the landlord is entitled to dispose of the items left behind at the tenant's expense, unless the tenant was not at fault for failing to collect the items.

3. If the landlord has taken possession of items in accordance with §3.4 for the purpose of realising his landlord's lien, the items will be stored at the landlord's expense. After asserting his landlord's lien, the landlord is entitled to refrain from realising individual or all items covered by the landlord's lien and instead to store and dispose of them in accordance with §10.2.

by asking the tenant to collect the items left behind

(1st request according to §10.2) of the waiver of the landlord's lien.

The temperature in the rental property is always above 0° C. There is no cooling.

Should any provision of this Agreement be or become invalid in whole or in part,
the validity of the remaining provisions shall remain unaffected. Rather,
The invalid provision shall be replaced by a valid one which corresponds to the original intention of the parties.
in economic terms, corresponds as closely as possible. The same should apply if a contractual gap that requires regulation becomes apparent.

1. The landlord has taken out goods insurance for the MyBox Bochum storage area.
The insured sum is €3,000,000 for the entire MyBox storage area. The minimum insured sum is €2,000 per square meter in case of complete damage
of MyBox's storage area. In the event of partial damage to the storage area, the insured sum may be correspondingly higher.

2. Insured risks are: fire, tap water, storm, hail, burglary, vandalism after a break-in, sprinkler system. Rieck Assecuradeur GmbH Hamburg acts as the insurer.
The insurer’s general insurance conditions apply.

1. For safety reasons, smoking is prohibited in the entire warehouse building.
Vehicles, machines, equipment, containers, parts of the plant or other objects may not be cleaned, washed, maintained or supplied with operating materials in the warehouse building or on the entire property. Substances that are hazardous to water or substances or objects that are contaminated or contaminated with substances that are hazardous to water may not be stored, filled or handled; this also includes short-term parking, laying down,
Keeping or temporarily storing such substances or objects. Access to the rental property
only exists during the opening hours of the warehouse. The landlord reserves the right
In addition to the general opening hours, storage room-specific opening hours must also be specified.
The opening hours can be changed at any time with a notice period of 4 weeks, announced by a notice posted at the entrance.

2. Items to be stored or removed may only be carried or transported using the transport aids provided by the landlord. The means of transport provided. Textile items such as carpets, mattresses, clothing or sofas made of fabric must be stored properly packaged. We accept no liability if items are damaged due to improper storage. Furthermore, if the items are stored improperly, the tenant is liable for damages to other tenants. We are referring here in particular to infestations of vermin in the storage room.
must be treated with care and returned to the designated place after use. 3. Any packaging material must be disposed of by the tenant.

Only applies to contracts subject to the Distance Selling Act:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us, MyBox GMBH, Harpener Feld 34 44805 Bochum, or at 0800 234 55 44, kuendigungen@mybox.eu by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation: If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back)

At:

MyBox GmbH

Harpener Field 34,

cancellations@mybox.eu

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

Ordered on (*)/received on (*)

Name of consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if notification is on paper)

Date

(*) Delete as appropriate