General Terms and Conditions as of November 15, 2023 – Part of the Contract

1.0 General Rights of the Tenant
1.1 The possessor of the rental property is hereinafter referred to as the tenant.

2.0 Takeover/Return of the Rental Property

2.1 Handover: Upon handover of the property, the tenant shall inspect and photograph it. Damages or contamination shall be documented. If such a report is not made, it is assumed that future contamination and damages were not caused by the landlord.

2.1.1 The tenant is obligated to return the rental property in a cleaned condition. Failure to do so may result in a cleaning fee of €5.

2.2.1 The tenant is required to return the rental property in a protective cover. Failure to do so may allow the landlord to increase the rent by €5 per month to ensure the safe storage of the rental property. A maximum of two rental items can be stored per protective cover.

2.2 Return: Upon return of the rental property, the tenant must inspect it and report damages and contamination immediately, providing evidence. Failure to report shall be deemed as if the object was returned undamaged and in the stored condition.

2.3 The first appointment within a month for storage or retrieval is free and can be scheduled during our office hours between 09:00 - 18:00 Mon-Fri. For additional appointments within a month, a service fee of €25 will be charged. Appointments outside office hours are only possible by individual arrangement. Storage appointments must be confirmed in writing by the landlord.

3.0 Access to the Premises and Rental Property/Tenant's Obligations

3.1 The tenant does not have access to their rental property. The rental property can be handed over during valid opening hours by prior individual appointment.

3.2 The storage/retrieval appointment can be booked up to 7 days in advance and can be canceled 24 hours before the appointment. If the booking is not made 7 days in advance, handover cannot be guaranteed. For changes within 24 hours, we reserve the right to charge a service fee of €25. Storage appointments must be confirmed in writing by the landlord.

3.3 In the event that access to the rental property is not possible (e.g., due to technical defects, etc.), the tenant waives all claims for damages or rent reductions arising from this, provided the landlord has not negligently caused the lack of access.

3.4 The landlord is obligated to keep the garage locked in the tenant's absence. The landlord is not obliged to lock the rental property in a separate, locked compartment.

3.5 In the absence of the landlord, the landlord permits an authorized person to open the garage and hand over the rental property.

4.0 Ownership of the Rental Property 

4.1 The tenant ensures that the goods stored as rental property are their property or that the persons in whose ownership they are have granted the tenant control over the goods and permission to store them in the rental property.

4.2 The following may not be stored: food or perishable goods, animals of any kind; flammable or combustible substances/liquids; prohibited or unlawfully possessed items including all types of weapons, explosives, ammunition; chemicals, radioactive materials, biological weapons; hazardous waste, asbestos, or any other potentially dangerous materials that could affect third parties through emission or immission; anything emitting smoke or odor; as well as any prohibited substances and objects or unlawfully acquired items.

4.3 Subleasing the rental property to other individuals can only be done with the presentation of an authorization and a copy of the owner's ID. The lease continues for the duration of the sublease.

4.4 Violation of any tenant obligations under this Section 4 entitles the landlord to an immediate extraordinary termination.

5.0 Alternative Rental Property

5.1 The landlord has the right, in the presence of an important reason (e.g., necessary repairs, renovations, official instructions, imminent danger, etc.), to request the tenant to retrieve the rental property within 14 days.

5.2 If the tenant does not comply with this request within the stipulated period, the landlord is entitled to transfer the rental property to an alternative rental property. In this case, the transfer is at the tenant's risk and expense.

5.3 The existing lease remains unaffected by the transfer of stored items to another rental property.

6.0 Deposit, Rent, Payment Terms, Default, Security Assignment 

6.1 Rent, Maturity, Payment

6.1.1 Once the tenant is in arrears with payment of claims from the lease agreement for more than eight weeks' rent, the landlord has the right to terminate the lease without notice.

6.1.2 The amount of the rent is stipulated in the lease agreement and must be paid by the tenant. The first month's rent is due in cash or via PayPal upon delivery. Partial months will be calculated proportionally.

6.1.3 Rent is due monthly and can be transferred by bank transfer or PayPal, plus transfer fees, and must be paid no later than the third working day of the following month.

6.1.4 At the end of each contract year, the lease agreement automatically extends. A contract year refers to the period of one year starting from the day of the lease.

6.1.5 Rent is due in advance. The first rent payment is due at the beginning of the lease and covers the first billing period. Subsequent billing periods must be paid by the due date.

6.1.6 Payments are first credited to other costs and incidental expenses, then to interest, and finally to the rent claim.

6.1.7 Offsetting tenant claims against landlord claims is excluded unless the counterclaim is legally established or undisputed by the landlord.

6.2 Default, Non-payment of Rent, Lien

6.2.1 If the tenant fails to pay the rent, the tenant is in default, unless the tenant is not responsible for the delayed payment. In case of default, the landlord may charge statutory default interest (§ 288 BGB). In addition, a reminder fee of €5.95 is due if a payment is more than 7 days overdue. The tenant is allowed to provide evidence that no damage has occurred or that the damage is significantly lower than the reminder fee. Furthermore, the tenant bears the collection costs, e.g., collection agency and attorney fees.

6.2.2 If a check from the tenant is not accepted by the bank or an authorized direct debit by the tenant cannot be executed, the tenant bears the associated costs.

6.2.3 Regarding outstanding claims, the landlord, in the exercise of the landlord's lien, has the right to deny the tenant access to the rental property. After 4 months of payment default, the rental property becomes the landlord's possession and can be sold by the landlord. These measures can be taken regardless of whether the landlord has terminated/dissolved the lease agreement or not. The exercise of this right does not affect the tenant's obligation to settle outstanding landlord claims.

7.0 Replacement Measures, Landlord's Lien

7.1 The stored items are subject to the landlord's lien within the legal provisions and serve as collateral for the landlord's claims against the tenant arising from the lease relationship, the costs and fees incurred in connection with extrajudicial and judicial enforcement, and especially claims for damages by the landlord against the tenant. Offsetting with tenant claims is expressly excluded for this case.

7.2 The realization of the lien is governed by § 1245 BGB, deviating from the statutory rules, in accordance with the following regulations:

7.3 If the tenant is in default with payment obligations for more than 28 days and the lease is terminated, the landlord has the right to demand payment of the outstanding claims within 10 days in writing, threatening the sale or disposal of the stored items.

8.0 Termination of the Lease Agreement

8.1 The parties have the option to terminate the lease agreement in text form with four weeks' notice to the end of the month. If applicable, the last month will be calculated proportionally as specified in the lease agreement. The right to terminate the lease without notice under Section 8.2 remains unaffected for the parties.

8.2 Both parties have the right to terminate the lease agreement in text form without notice in the presence of an important reason. An important reason for termination by the landlord exists, in particular, in the event of violations by the tenant of Sections 4, 5, and 6, as well as if the landlord ceases its business activities at the location of the rental property for any reason whatsoever.

9.0 Limitation of the Landlord's Liability for Damages

9.1 Claims for damages by the tenant against the landlord, regardless of the nature and irrespective of the legal basis, are excluded unless the landlord, its legal representatives, employees, or agents have committed the underlying breach of duty intentionally or with gross negligence or another exception under this Section 9 applies.

9.2 In the case of simple negligence in the violation of essential contractual obligations, liability is limited to the contract-typical, foreseeable damage. An essential contractual obligation in this sense is one whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the tenant regularly relies and can rely.

9.3 The limitations of liability under this Section 9 do not apply in the event of negligent injury to life, body, or health.

10.0 Insurance Obligation/Protection:

10.1 The landlord points out that adequate insurance coverage and the type of storage are solely the tenant's responsibility. With reference to § 1245 BGB, a lien enforcement as described in Section 7 is agreed upon.

10.2 The tenant acknowledges that the landlord has no knowledge of the extent and nature of the goods stored by the tenant and the specific activities, except those stated by the tenant in the lease agreement. The storage and conduct of commercial activities are at the sole risk of the tenant.

11.0 No Implicit Extension of the Lease Agreement:

11.1 If the tenant continues to use the rental property after the expiration of the lease agreement, the lease agreement is not considered extended. The application of § 545 BGB is excluded.

12.0 General Contractual Provisions:

12.1 The landlord is represented by Münzer & Associados S.L.U., Calle Prof. Juan Tadeo Cabrera 17-2°, 35600 Puerto del Rosario.

12.2 Both contracting parties are obligated to promptly inform the other party in writing of any changes to their addresses as stated in the lease agreement.

12.3 Only the conditions specified in this lease agreement apply. There are no other additional agreements or verbal side agreements.

12.4 The Road Traffic Regulations apply on the landlord's premises. All instructions of the landlord must be followed.

12.5 The exclusive place of jurisdiction is Puerto Rosario, provided both parties are merchants, legal entities under public law, or public-law special assets.

12.6 If a provision of this lease agreement is or becomes invalid, this does not affect the validity of the remaining contractual provisions. The parties undertake to replace the invalid provisions with valid ones that most closely correspond to the economic sense.