§ 1 Rental object
After inspecting the local conditions, the tenant has satisfied himself that the rented property is fully suitable for the storage of his stored goods and that there is no damage or defects. The tenant accepts the condition of the rented property on handover as being in accordance with the contract.
The tenant's claim to handover of the rental property shall only arise after full payment of the first rent and the deposit. The time of receipt of payment by the landlord is decisive.
The Lessor shall not be liable for any obstacles to access to the warehouse in which the rented property is located, insofar as these are due to circumstances for which the Lessor is not responsible (e.g. road construction work, official orders).
Any deviations of up to 10 % in the actual rented area of the rented property from the area specified in the rental agreement do not entitle the tenant to a reduction in rent or other claims.
§ 2 Access to the rental property
The Lessor shall generally allow the Lessee continuous access to the premises and the rental property using the means of access (key/number code/RFID chip) issued to the Lessee as part of the rental agreement. The access times may be temporarily restricted by the Lessor for operational reasons or in emergencies. The Lessor shall not be liable if access to the premises or the storage room is temporarily not possible, for example due to a technical defect, unless there is intent or gross negligence on the part of the Lessor. The Hirer shall only be entitled to assert claims of any kind whatsoever arising from the temporary interruption of the supply of water, electricity, etc. to the compartment or the premises. The tenant is only entitled to assert claims of any kind, in particular claims for damages or rent reduction, against the landlord if the right to reduction is undisputed or has been legally established. The tenant's right to assert counterclaims and claims for rent reduction shall remain unaffected by this provision.
Access to the rented property is only permitted to the tenant or persons authorized by him in writing, who must identify themselves at the landlord's request and provide proof of the corresponding authorization.
The landlord or persons appointed by him shall have the right to enter the rented property after prior notice and within a reasonable period of time in order to check the condition, carry out necessary inspections, maintenance or repair work, or to gain immediate access in the event of imminent danger (e.g. fire, water damage, odor nuisance, pest infestation, official order). The right of access also includes inspections by potential new tenants or prospective buyers in the event of a pending sale of the property, whereby the tenant will be informed of any inspection dates in good time.
In the event of imminent danger, police or official orders or other compelling reasons, the Lessor shall be entitled to open and enter the storage room/the rented property even without prior notification of the Tenant. This applies in particular in the event of reasonable suspicion of the storage of items prohibited under § 3 No. 2 or other use of the rented property in breach of the contract. If the Tenant does not comply with the obligation to open the rented property in good time in the event of imminent danger or an official order, the Landlord has the right to open and enter the rented property without prior notification of the Tenant or to allow third parties access for the purpose of averting danger.
The landlord is entitled to lock an open compartment again after entry.
§ 3 Use of the rented property, liability
The rental property is used exclusively for the storage of movable objects. Any other use, in particular use for residential, commercial or other purposes, is prohibited. The rented property may not be used as a workplace, studio, workshop or similar.
The storage of the following items in particular is expressly prohibited without exception:
Live animals, plants or other living creatures, food or perishable goods, especially those that could attract vermin.
Weapons, ammunition, explosives, drugs or other illegal substances.
Hazardous substances of any kind (in particular flammable, explosive, radioactive, toxic, corrosive, environmentally hazardous or other hazardous substances and mixtures in accordance with chemicals legislation or comparable legislation), gas cylinders, pressurized containers or other goods that are dangerous to life and limb.
Garbage, hazardous waste, waste materials or other environmentally hazardous materials.
Objects that could cause foul or strong odors or attract pests.
Stolen or illegally acquired goods.
Items whose storage violates applicable laws, official regulations or public order.
Items of exceptionally high value (e.g. cash, precious metals, jewelry, securities, works of art, collections, high-quality antiques) with an individual value of more than EUR 5,000.00 or a total value of more than EUR 25,000.00, unless their storage has been agreed in writing with the landlord and insured accordingly by the tenant. The landlord excludes any liability for items of this type that have not been reported or insured. If prohibited items are stored, the Lessee is obliged to pay a contractual penalty of [e.g. EUR 500.00] for each case of violation, i.e. for each item covered by the prohibition, and to bear all resulting costs for removal and disposal.
The tenant is responsible for ensuring that his stored goods are protected from pests, moisture, extreme temperatures or other environmental influences. The rented property will not be cooled or heated. The lessor assumes no liability for a uniform, constant storage temperature.
If there is reasonable suspicion of a breach of the above usage and storage requirements, the landlord is entitled to open and inspect the rented property without prior notice. If the landlord discovers a violation, the tenant is obliged to remedy the condition contrary to the contract immediately and to bear any costs incurred as a result.
The tenant is not entitled to trade or provide services in the rented property, to be the receiving point for postal items or to register it as a place of residence or business.
Any transportation aids provided by the lessor may only be used on the lessor's premises. The transport aids must be treated with care and returned to the designated place immediately after use. The operating instructions, which are displayed when the transport aids are handed out, must be read before use and must be observed.
The tenant is obliged to comply with all fire protection, safety and other technical and official regulations. He must immediately remove any soiling and damage caused by him in and around the rented property and in the communal areas.
The tenant is not granted any protection against competition.
§ 4 Shut-off devices and access authorization
The tenant is responsible for the proper locking of the rental property and the secure storage of the means of access (key, numerical code, transponder, RFID chip).
The tenant's RFID chip is valid for the duration of the tenancy. If the RFID chip is lost or damaged, the Lessee is obliged to report this to the Lessor immediately. The Rental Firm is entitled to charge the Hirer a fee of EUR 25.00 for the reissue of an RFID chip.
The tenant agrees that the landlord may assign the tenant another rental property of comparable size and equipment in the same warehouse in the event of reorganization of the facility or to optimize space occupancy. The costs of the move shall be borne by the Lessor. The tenant is obliged to cooperate in the move.
The transfer of keys, numerical codes, transponders or chips to third parties is at the risk and peril of the tenant. The hirer is liable for all damage caused by third parties if he has provided them with the keys, numerical codes, transponders or chips.
§ 5 Rent
The rental charges agreed in the rental contract are gross prices. For commercial customers or tenants who are entitled to deduct input tax, the stated rental fee is exclusive of statutory VAT.
The first payment is due before the start of the tenancy. The subsequent rent payments are to be transferred in advance for the respective four-week or monthly period, at the latest on the 3rd working day of each four-week or monthly period, to the landlord's account specified in the rental agreement or a corresponding SEPA direct debit mandate is to be issued. The date of receipt of payment shall be decisive.
The parties are entitled to adjust the rent. The Tenant shall be notified of a rent increase in writing and it shall enter into force at the earliest [e.g. two months] after receipt of the notification. In particular, the parties are entitled to adjust the rent upwards or downwards in accordance with the annual change in the consumer price index of the Federal Statistical Office. The index published for Germany for all private households shall be decisive.
If the Tenant defaults on payment of the rent, the Landlord shall be entitled to charge interest on arrears at a rate of [e.g. 9 percentage points above the prime rate for commercial tenants, 5 percentage points for private tenants] p.a. and a flat-rate reminder fee of [e.g. EUR 5.00] per reminder.
Payments by the tenant are always credited first to costs, then to interest and finally to the principal claim due.
§ 6 Rent deposit
The deposit agreed in the rental agreement is interest-free.
The deposit serves as security for all claims of the landlord arising from this rental agreement, in particular for damage to the rental property, outstanding rental payments, costs of eviction or disposal. The deposit will be refunded to the tenant after the tenancy has ended and the rented property has been completely vacated and all outstanding claims have been settled, less any deductions for damage or outstanding payments.
§ 7 Subletting / change of company
The tenant is not entitled to sublet the rented property in whole or in part or to allow third parties to use it unless the landlord has given his prior written consent.
Should the tenant change companies during the rental period, this shall be deemed equivalent to subletting and requires the written consent of the landlord. This consent may only be refused for objective reasons.
§ 8 Repairs / structural changes / maintenance / relocation
The landlord is entitled to carry out repairs, structural changes or modernizations to the rented property or the warehouse at any time after giving due notice, which are necessary to maintain the rented property or to carry out modernization measures. This does not entitle the tenant to a reduction in rent or compensation, unless the measures make it impossible to use the rented property for an unreasonably long period or are due to gross negligence or intent on the part of the landlord.
The tenant is not entitled to make structural changes or installations to the rented property or its fittings (e.g. drilling, fitting shelves, walls) without the landlord's prior written consent.
The tenant must notify the landlord immediately of any defects in the rented property or the warehouse.
§ 9 Liability
The Lessor shall not be liable for the loss of or damage to the stored goods, regardless of whether this is caused by fire, burglary, vandalism, water damage, pest infestation, manipulation by third parties, force majeure or other events, unless the damage was caused intentionally or through gross negligence by the Lessor or its vicarious agents. Liability of the lessor for slight negligence is excluded. In the event of a breach of material contractual obligations, the Lessor's liability shall be limited to the foreseeable damage typical of the contract. Excluded from this is liability for damages resulting from injury to life, limb or health.
The tenant is liable for all damage caused by him or persons who are present in the rented property or on the landlord's premises with his consent to the rented property, the storage hall or other property of the landlord or third parties. The tenant must provide proof that he is not at fault.
§ 10 Reduction, offsetting, retention
The tenant is not entitled to reduce the rent, to offset claims against the landlord or to assert a right of retention, unless his claim is undisputed or has been legally established.
Any claims for repayment by the tenant for unjust enrichment remain unaffected by this provision.
If the tenant intends to offset or assert a right of retention based on an undisputed or legally established claim, he must notify the landlord of this in writing, stating the exact reason and amount of the claim, at least two weeks before the rent is due.
§ 11 Insurance
The goods and objects stored in the rented property are not insured by the lessor. Storage is at the sole risk of the tenant.
The Tenant is urgently advised to take out his own insurance (e.g. household contents insurance with an external storage clause or special storage insurance) for the items stored in the rented property.
§ 12 Termination of the contract
Notice of termination of the tenancy must be given in writing (letter, e-mail). Notice of termination by e-mail is also effective without the personal signature of the person giving notice, provided that receipt by the recipient can be proven. This means that in the case of a notice of termination by e-mail, a confirmation of receipt is required for it to be effective.
If no fixed rental period is agreed in the tenancy agreement, the tenancy can be terminated by either party after expiry of the minimum rental period with 14 days' notice to the end of the month or to the respective 4-week period.
§ 13 Extraordinary right of termination
Both parties are entitled to terminate the tenancy without notice for good cause. Good cause shall be deemed to exist in particular if:
1. the tenant continues to use the rented property in breach of the contract or stores prohibited items despite a warning,
2. the tenant
a) is in arrears with the payment of the rent or a not insignificant part of the rent for two consecutive dates, whereby a date in this sense is 4 weeks, or
b) is in arrears with the payment of rent in a period extending over more than two dates in an amount equal to the rent for two months, whereby a date in this sense is 4 weeks,
3. the tenant violates other essential contractual obligations or the house rules and does not remedy this violation despite a written warning with a reasonable deadline. In the case of significant breaches which make a continuation of the tenancy unreasonable or in cases in which a warning would obviously be unsuccessful, a corresponding warning may be omitted.
§ 14 Termination of contract, procedure regarding stored goods left behind
At the end of the tenancy, the rented property must be returned completely vacated, swept clean and in the condition in which it was taken over, excluding normal wear and tear. The tenant is obliged to return all keys, transponders or other means of access provided by the landlord at the end of the tenancy in full and undamaged. In the event of loss, the Tenant shall be liable for the costs of replacing or exchanging the locking system.
A tacit continuation of the tenancy in accordance with Section 545 BGB is hereby expressly excluded. If the tenant does not vacate the rented property on time, he shall pay compensation for use for each day of withholding at least in the amount of the agreed daily rent or the proportion of the agreed four-week rent. The assertion of further damages by the landlord remains unaffected by this.
If the items remain uncleared despite a reminder and the setting of a deadline for collection by the tenant, or if the tenant is in arrears with payment of the rent, the landlord is entitled, after issuing a written reminder under Setting a deadline of at least 14 days to clear the rented property at the expense and risk of the tenant. The stored items may then be removed by the Lessor after the expiry of a further be recycled or disposed of on the open market within a period of at least 4 weeks and after prior written warning of the recycling/disposal. The proceeds less the costs of utilization/disposal and all outstanding claims of the landlord (rent arrears, default interest, costs of clearance, storage, disposal) shall be credited or paid out to the tenant. Any reduction in value in the event of utilization shall be borne by the tenant.
After full satisfaction of all claims of the Lessor against the Lessee, ownership of the utilized items shall be released or retransferred.
§ 15 Landlord's lien
The tenant assures that he is the owner and/or legal possessor of the items stored in the rented property. If the tenant is not the owner of the items, he must inform the landlord of this in writing prior to storage.
The landlord is entitled to a lien on the tenant's items brought in for his claims arising from the tenancy. The tenant is obliged to notify the landlord immediately in writing if the items brought in are seized or other rights of third parties arise in relation to them. If the tenant fails to provide such notification, he shall be liable to the landlord for any resulting damage.
§ 16 Majorities of persons
If several persons are tenants, they shall be jointly and severally liable for all obligations arising from this rental agreement.
The tenants authorize each other to accept declarations relating to the tenancy.
Any termination of the contractual relationship must be sent to all tenants.
§ 17 Transfer of landlord/tenant rights
The landlord is entitled to transfer his rights and obligations under this contract to third parties at any time. The tenant hereby agrees to this. In the event of a transfer, the landlord is entitled to transfer the deposit to the purchaser, whereby the landlord is released from his obligation to repay the deposit.
The tenant may only transfer rights and obligations arising from this contract to third parties with the written consent of the landlord.
In the event of a transfer in accordance with § 17 No. 1, the tenant has an extraordinary special right of termination.
§ 18 Power of attorney for service
The tenant must inform the landlord immediately of any changes to his address or name/company name in text or written form.
§ 19 Place of performance and jurisdiction
The place of performance for all obligations arising from this contract is the location of the warehouse in which the rental property is located.
The place of jurisdiction for all disputes arising from this contract shall be the place of jurisdiction of the Lessor, provided that the Lessee is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany.
§ 20 General contractual provisions
Any deviating general terms and conditions of the tenant shall not apply. These General Terms and Conditions of the Lessor shall apply exclusively.
There are no verbal collateral agreements to this contract. Amendments and supplements to this contract and these GTC must be made in writing. This also applies to the waiver of the written form requirement itself.
Should individual provisions of this contract or these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
The German Road Traffic Regulations (StVO) apply on the premises and in the warehouse. The instructions of the lessor or his staff must be followed.
The house rules in their currently valid version are an integral part of this contract. They will be handed over to the tenant upon conclusion of the contract or can be viewed on the landlord's website. The tenant confirms receipt and acknowledgement of the house rules.
§ 21 Video surveillance
The storage hall and the landlord's premises may be video-monitored for the security of persons and property and for the documentation of incidents. This serves in particular to prevent and investigate criminal offenses and to assert claims.
The recordings are stored in accordance with the applicable data protection regulations and are only analyzed if necessary and in compliance with legal regulations and, if necessary, passed on to authorities. Further information on data protection and video surveillance can be found in the landlord's data protection declaration, which here is visible.
