General terms and conditions of business​

of the BookaBox Group : as of 08/2023

Our general terms and conditions for order and structure

  1. These General Terms and Conditions (“Terms and Conditions”) apply exclusively to all offers and rental agreements concluded by us, BookaBox Service GmbH, An der Meisenburg 22, 45133 Essen (“BookaBox” or “We”) and our customers (“Tenants”) Storage rooms.

  2. Tenants within the meaning of these General Terms and Conditions can be entrepreneurs within the meaning of § 14 BGB, but also consumers within the meaning of § 13 BGB, i.e. people who conclude the rental agreement for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

  3. A tenant's terms and conditions do not apply even if we have not expressly objected to them in individual cases.

  4. Our employees are not entitled to make oral agreements with the tenant that modify or supplement these general terms and conditions.
  1. The offers on the BookaBox website are invitations to submit an offer. The tenant selects his storage space, the rent, if applicable the term and possible other products and services from the options on our website. The result is displayed to him in a summary [Adapt to the exact processes]. In the further window “Enter contract data” the tenant enters his contract data [Adapt to the exact processes]. The information marked with an asterisk is mandatory. By clicking the “Order with obligation to pay” button, the tenant makes a binding offer to conclude the contract.

  2. We will immediately confirm to the tenant by email that we have received their offer. This is not an acceptance of the offer. The contract is only concluded when we accept it. The transmission of the access code also counts as acceptance.

  3. Errors in the ordering process can be corrected using the “Back” button and by re-entering and repeating the respective ordering step.
  1. If the tenant is a consumer (see I.2 of these General Terms and Conditions above), then in the case of a distance selling contract within the meaning of § 312c BGB or a rental agreement concluded outside of business premises within the meaning of § 312b BGB, he has the right to declare his intent to conclude the contract to revoke within fourteen days without giving reasons. For details, we refer to the separate cancellation policy and the separate sample cancellation form.

  2. According to Section 356 Paragraph 4 Sentence 1 No. 2 BGB, the tenant's right of cancellation expires with the complete provision of the service if the tenant does so before the start of the provision

    a) has expressly agreed that BookaBox will begin providing the service before the cancellation period expires,

    b) in the case of a contract concluded outside of business premises, the consent pursuant to letter a has been transmitted on a durable medium and

    c) has confirmed his knowledge that his right of withdrawal expires upon complete fulfillment of the contract by BookaBox.
  1. With the rental agreement, the tenant rents from BookaBox the storage space he has selected and specified in his offer (“rental object”) for the period specified there (VII. of these General Terms and Conditions). The storage room may only be used to store movable items.

  2. The tenant takes over the rental item in the condition determined upon handover. BookaBox points out that the rental property is equipped with an electronic lock.
  1. Any use that deviates from the rental purpose according to IV.1 above is prohibited for the tenant without the prior consent of BookaBox. The following uses are not permitted:

    a) Use for residential or work purposes;
    b) permanent residence of people or animals of any kind;
    c) Storage of plants or fungi etc.
    d) Storage of items that pose risks to the legal interests of the landlord or third parties or the environment, in particular, but not exclusively:

    Prohibited substances or items, such as narcotics, prohibited chemicals, etc.

    flammable or flammable substances or mixtures, such as oil, fuels, gases, solvents, paints, batteries, accumulators, etc.

    flammable and explosive substances or mixtures, such as ammunition, explosives, pressurized gases, etc.

    other dangerous items or substances or mixtures, such as hazardous substances, chemicals, biocides, weapons, toxic waste, asbestos, radioactive substances, etc.

    deperishable food or garbage

    Valuables, such as jewelry, cash, stamp or coin collections, works of art, antiques, etc., unless the tenant provides us with sufficient insurance before the start of the rental period or takes out such insurance through us (see _. of these General Terms and Conditions) [Note. : Is this planned or an option for you?];

    Things or substances that emit odors, gas or liquids, e.g. empty fuel or oil containers, leaking canisters, etc.

    Items or substances that exceed the maximum floor load of 500 kg/m².

  2. The tenant may only use the rental item in such a way that the use of the other storage rooms is not impaired. He is obliged to treat the rental item carefully and gently.

  3. Smoking is not permitted in the rental property or on the storage premises.

  4. The function of the ventilation and/or sprinkler systems in the rental property may not be impaired by the storage of stored goods in the rental property, in particular outlets may not be closed or blocked.
  1. The rental agreement begins on the date agreed upon in the rental agreement.

  2. The rental period is agreed in the rental agreement.

    a) There are the following tariffs with a fixed term:

    Daily contracts for the agreed number of days
    Weekly contracts for the agreed number of weeks
    Monthly contracts for the agreed number of months (maximum one year)
    Annual contracts for more than one year, which are agreed separately in writing without the validity of these General Terms and Conditions.

    Ordinary termination of the rental agreement is excluded during the fixed term. After the fixed term has expired, the rental agreement will be changed to a flexible tariff.

    If the so-called FlexTarif is agreed, the rental agreement runs for an indefinite period of time and can be terminated on any day.

  3. Unless otherwise agreed in the rental agreement (VII.2. of these General Terms and Conditions), the rental agreement is initially concluded for a limited period of one month. After the end of this first month, the rental agreement is extended indefinitely unless it is terminated by one party with two weeks' notice to the end of the first month.

  4. If the rental agreement runs for an indefinite period, it can be terminated by either party with one month's notice to the end of the month.

  5. § 545 BGB is waived. The rental agreement is not extended for an indefinite period of time if the tenant continues to use the rental property after the rental period has expired.

  6. The parties' right to extraordinary termination without notice for good cause in accordance with the statutory provisions remains unaffected.

  7. Die Parteien vereinbaren, dass für die Kündigungserklärung die Textform (§ 126b BGB) ausreicht. Die Kündigung muss also auf einem dauerhaften Datenträger erklärt werden, z.B. also per E-Mail, Fax oder in Schriftform. Unberührt bleibt die Kündigungsmöglichkeit über unsere Webseite im Kundenportal unter dem zur Verfügung gestellten Online-Mietvertrag. § 312k Abs. 2 BGB.
  1. BookaBox and people appointed by it may enter the rental property:

    to exercise the statutory landlord's lien if there is a threat of removal of the pledged property from the rental property;

    to check compliance with the terms of use if there is objective evidence of a violation (V. of these General Terms and Conditions);

    to check the structural condition of the rental property;

    to test the functionality and safety of technical systems in the rental property;

    for reletting or selling the rental property.

  2. In the event of imminent danger, BookaBox or a person appointed by BookaBox may enter the rental property without prior notice and even in the absence of the tenant.

  3. Appropriate consideration must be given to the interests of the tenant.

  1. The amount and dates for the periodic rent payment are agreed in the respective rental agreement. In addition to the rent, the tenant also owes compensation for any additional services booked. The first payment is due at the start of the contract and must be ensured by the tenant.

  2. The payment methods provided on our website apply for payment. Cash payment is excluded.

  3. Appropriate consideration must be given to the interests of the tenant.

  1. BookaBox does not opt ​​for sales tax on rental agreements with consumers. Therefore, no sales tax is charged on the rent.

  2. BookaBox can opt for sales tax in rental agreements with entrepreneurs. In this case, the tenant has to pay sales tax in addition to the rent, which is shown separately by BookaBox. The tenant is aware that BookaBox's sales tax option is only permitted under the conditions stated in Section 9 UStG. The tenant guarantees that he is an entrepreneur within the meaning of the tax regulations and undertakes to use the rental item exclusively for transactions that do not exclude input tax deduction at BookaBox. The tenant further undertakes to immediately provide BookaBox upon request at any time with the documents that enable BookaBox to fulfill its obligations to provide evidence to the tax authorities in accordance with Section 9 Paragraph 2 UStG regarding the tenant's entitlement to deduct input tax. The tenant undertakes to inform BookaBox immediately in text form (§ 126b BGB) if the conditions that entitle the holder to deduct input tax are no longer met during the rental period.

  3. Should the tenant violate the obligations under X.3. If he violates these General Terms and Conditions, he must compensate BookaBox for all damages caused by the loss of the option to subject the rental agreement to VAT, in particular the non-deductibility of input tax at BookaBox. If the option arises again for BookaBox within the correction period in accordance with Section 15 a UStG, it will reimburse the tenant for any damage that has already been compensated due to the non-deductibility of the input tax, if and to the extent that it is again entitled to deduct input tax on a pro rata basis.
  1. The tenant can only offset BookaBox's claims according to VIII of these General Terms and Conditions with his own claims or assert a right of retention if the tenant's claims are undisputed, ready for decision or legally established.

  2. The tenant can only reduce the rent due to a defect if he has notified Bookabox of his intention in writing at least one month before the due date.

  3. The tenant's right to assert excess payments against BookaBox due to unjust enrichment (§§ 812ff. BGB) remains unaffected.
  1. BookaBox has a lien on the tenant's items brought in for its claims arising from the rental agreement. The statutory provisions apply to the landlord’s lien.

  2. In exercising the landlord's lien, BookaBox is entitled to block access to the rental property if the tenant is in arrears with the rent payment.

  3. In addition to the landlord's lien, the tenant does not owe any additional rental security.
  1. The tenant is not entitled to make any structural changes to the rental property, in particular to lay cables, drill into walls, floors or ceilings or to erect solid partition walls without BookaBox's prior consent.
  1. BookaBox's liability, regardless of fault, for material defects present at the time the contract was concluded is excluded. The exclusion of liability regardless of fault for initial defects does not apply if the liability relates to guaranteed properties.

  2. Bei Verletzung von Leben, Körper oder Gesundheit, dem Fehlen von zugesicherten Eigenschaften oder einer zwingenden gesetzlichen Haftung haftet BookaBox uneingeschränkt. 

    Bei der Verletzung von vertragswesentlichen Pflichten haftet BookaBox auch bei leichter Fahrlässigkeit, dann jedoch beschränkt auf den typischen vorhersehbaren Schaden. Bei wesentlichen Vertragspflichten (Kardinalpflichten) handelt es sich um solche Vertragspflichten, deren Erfüllung die ordnungsmäßige Durchführung des Vertrages überhaupt erst ermöglicht und auf deren Einhaltung der Mieter regelmäßig vertraut und auch vertrauen darf. Typische vorhersehbare Schäden sind solche, die dem Schutzzweck der jeweils verletzten vertraglichen Norm unterfallen. 

    Im Übrigen haftet Bookabox nur bei grober Fahrlässigkeit oder Vorsatz.

  3. The above liability limitations and exclusions also apply to BookaBox's executive bodies and vicarious agents.
  1. The tenant is liable to BookaBox for all damage caused by the tenant culpably breaching his duty of care. This applies in particular to culpable violations of the terms of use according to V. of these General Terms and Conditions.

  2. The tenant, who is an entrepreneur, is liable in accordance with X.3 and X.4. of these General Terms and Conditions for any sales tax damages

  3. The tenant is also liable for damage caused by his vicarious agents, visitors, suppliers, craftsmen, subtenants or other persons in his care, provided that they come into contact with the rental property at the tenant's instigation.

  4. The tenant is responsible for ensuring traffic safety inside the rental property. In this respect, the tenant releases the landlord from all third-party claims.

  5. The tenant must report any damage to the rental item to BookaBox immediately as soon as he notices it. The tenant is liable for any further damage caused by late notifications.
  1. The tenant is obliged to take out insurance for the stored items at his own expense against loss and damage in an appropriate amount and to maintain it for the duration of the rental. If this does not happen or is not done to a sufficient extent, the tenant must bear the damage himself.
  1. At the end of the rental agreement, the tenant is obliged to return the rental property to the landlord in a cleared state, swept clean and in a condition in accordance with the contract.
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