General terms and conditions
1. OBJECT OF THE CONTRACT
1.1 For the duration of the contract the customer will have at his/her disposal a storage unit that he/she can use exclusively for the storage and archiving of his/her belongings, according to the conditions of use of this contract. In return, the customer shall pay regular fees in advance.
1.2. This contract is for the provision of a service and under no circumstances can it be compared to a commercial lease, deposit or sequestration. The customer will store his/her belongings without Lokabox being aware of the nature or importance of these belongings. Despite the surveillance system implemented, the company is under no obligation to keep watch over the belongings deposited. The Customer recognizes that he/she takes full responsibility for the storage of his/her belongings, at his/her own risk, and exclusively at his/her cost. Nevertheless, Lokabox provides a surveillance service and will supply each of its customers with an entry code enabling him/her to access his/her storage unit at specific times.
2. DURATION OF THE CONTRACT
2.1 The duration of the contract is 1 month by default unless conditions set out in special conditions of the adhesion contract signed by the Customer, which states a minimum duration.
2.2 Unless the contract is terminated under the conditions below, the contract is extended tacitly at the end of each period for a new period equivalent to 1 month. Termination of the contract must be carried out with a minimum notice of 15 days using a suitable form either via a registered letter sent to Lokabox, or presented in person at a Lokabox center in return for an acknowledgement of receipt or via e-mail with an acknowledgement of receipt to the address firstname.lastname@example.org. The contract will only be ended if the storage unit is emptied within the time mentioned by the customer, that the lock has been removed by the customer and after a Lokabox member of staff has checked the state of the storage unit.
3. PURPOSE AND CONDITIONS OF USE OF THE STORAGE UNIT
The storage unit is exclusively intended as a space for storing or archiving the Customer’s belongings. The Customer shall not perform any commercial, industrial, crafts, services or professional activities (which also implies an explicit prohibition of setting the registered office or business address of the customers’ activities at the Lokabox storage center), nor lay claim to any commercial property rights or maintenance in the premises. Under no circumstances may the customer transfer or pledge as collateral the rights conferred upon him/her by this contract to a third party.
3.2 Conditions for use of the storage unit
The Customer acknowledges that he/she has visited the storage unit before signing this adhesion contract and has not raised any objections on this matter.
When signing the contract, the Customer undertakes to return the storage unit in its initial state and shall refrain from making any claims against the company on this matter. Under no circumstances may the Customer demand any renovations or extra fittings from the company in the storage unit, throughout the duration of the contract.
The Customer shall use the storage unit in a prudent and responsible manner, and to abstain from damaging the other storage spaces and the Lokabox Centre itself through his/her activities and through the nature of the items stored or through the conditions of use of his/her own storage unit.
The Customer shall not leave his/her belongings outside his/her storage unit. Any belongings found next to a storage unit will either be stored in a free space in the Lokabox Centre without any of the usual guarantees of the contract, with a supplement of € 50.00 to the monthly fees to cover the moving fees, if the owner of the item in question can be identified, otherwise it will simply be considered as the property of Lokabox, through application of Article 2279 of the Belgian civil code. Moreover, the Customer is expressly informed that Lokabox examines its premises every day in order to check for the presence of items that are not properly stored, and that Lokabox reacts to this situation immediately.
The Customer acknowledges that he/she takes full responsibility for the storage of his/her belongings. Moreover, he/she shall not store any dangerous, perishable, odorous, inflammable, explosive, illegal, volatile, toxic or polluting materials in the storage unit.
He/she shall also refrain from storing any dead or living plants or animals, or any materials with an abnormally high density, with a weight of over 500kg/m².
Finally, he/she may not store any items whose presence, storage or use are subject to permits, a declaration or specific regulations which are not compatible with the storage service offered by Lokabox.
If the Customer does not adhere to the bans on the storage of the above-mentioned items, he/she is liable to Lokabox for all damages incurred.
The Customer declares that he/she is perfectly aware that the belongings that he/she stores which have an emotional value (family heirlooms, etc.) which are irreplaceable (collector’s items, works of art, etc.) or with a high financial value (cash, securities, jewellery, furs, etc.) will only be stored in the space provided to him/her on his/her own responsibility, and Lokabox cannot be held responsible for the loss or disappearance of these valuables under any circumstances.
The Customer will also be liable for the damages incurred if items stored in other storage units are destroyed or damaged due to the fact that the Customer has not adhered to these general terms and conditions.
Lokabox will have access to the storage units for any repairs, improvement works or renovations, after written notice is sent to the Customer. The Customer undertakes to provide Lokabox with access to the storage space made available to him/her, in order to allow Lokabox to carry out these repairs and works. No notice is required in the case of an emergency. Equally, no notice is required if the Customer does not fulfil one of his/her obligations or Lokabox has reason to believe that he/she has not fulfilled them. In these cases and in the event of an emergency, Lokabox may, if necessary in the presence of a bailiff, remove all the protective installations in order to gain access to the storage space with a view to checking the contents or taking any measures required. The Customer acknowledges that he/she may not claim any damages from Lokabox following these interventions under such circumstances, even if the measures which were imposed caused damages to or led to the removal of the belongings.
4. PAYMENT OF FEES
4.1. The full monthly fees are due for each period started. Lokabox reserves the right to change these fees during each period after giving notice sent to the Customer 1 month before the start of the period in which the indexation will take place.
4.2.The fee will be paid at the latest on the working day prior to the first day of each period. The payment will be made exclusively via direct debit, unless the Customer has obtained other payment formalities in writing in the Special Conditions of his/her contract; In the event of late payment, Lokabox may interrupt access to the storage unit at any time, until the current debt is paid off.
Fees which are not paid on the due date will automatically attract annual interest of 15% without prior formal notice. Moreover, non-payment at the due date will oblige the Customer to pay a contractual indemnity, set at a fixed rate of 12.5% of the amount of late fees. If the Customer is a consumer within the meaning of the law of 14 July 1991 on commercial practices, the same late payment fees and compensation will apply reciprocally to any sum that Lokabox may owe to the Customer due to this contract, starting from the date on which this payment to the Customer becomes due for payment.
The Customer recognizes that each total or partial nonfulfillment of one or several of his/her own obligations will be considered as a serious nonfulfillment of the contract, authorizing Lokabox to terminate it without the intervention of a judge, without giving formal notice and without prejudice to Lokabox’s right to claim compensation, which will be confirmed to the Customer in a registered letter sent to his/her address (see Article 7 below).
If Lokabox terminates the contract due to nonfulfillment of an obligation by the Customer, the latter will owe a monthly compensation equivalent to the monthly fee, to cover the precarious and unjustified use of the storage space. The Customer acknowledges that this compensation for use is due to Lokabox as soon as the contract is terminated due to nonfulfillment on his/her part, until this storage space is entirely emptied and/or repaired, and any repairs carried out by Lokabox due to the Customer are at the Customer’s charge. A month of precarious use that has been started is considered as a full month. The provisions regarding interest and the penalty clause of Article 4 also apply to the compensation for use.
If the Customer does not fulfil his/her contractual obligations, Lokabox also reserves the right to give the Customer formal notice via registered letter sent to his/her address with a month’s notice during which he/she can organize the retrieval of his/her stored belongings and restore the rented storage unit to the same state in which he/she received it. If the storage unit is not emptied the day after this formal notice expires, the Customer will irrefutably be presumed to have abandoned the items stored, and Lokabox will thus become the owner of these items in accordance with Article 2279 of the Belgian civil code, as the Customer has thus, through his/her lack of reaction, shown his/her declared intention to no longer claim them, and through these general terms and conditions, Lokabox declares its intention to become the owner of these items through positive prescription. It should also be remembered that in view of this agreement, in any case, the Customer may not claim the rights described in the second paragraph of this statutory provision. In this case, Lokabox will also have the possibility of bringing legal proceedings against the Customer before the competent court to obtain payment of the arrears, damages and interest and miscellaneous expenses (in particular the legal fees, cleaning fees, clearing fees and fees for repairs).
5. GUARANTEE DEPOSIT
When signing the contract, the Customer commits to pay a deposit which will not attract interest. The deposit is the equivalent of a month’s fees if the Customer is resident in Belgium and holds a bank account at a Belgian financial institution, or two months’ fees if one of the two above-mentioned conditions is not fulfilled. The deposit will be refunded within 30 days after the end of the contract, on condition that all the duties and conditions of this contract have been performed. Lokabox reserves the right to use all or part of this deposit as compensation for any default on the part of the Customer with regard to his/her own contractual obligations.
6.1 The Customer shall conclude an insurance policy for his/her belongings and this commitment is a pre-requisite to the conclusion of the contract in which the storage unit is made available. The Customer shall send a copy of his/her insurance contract to Lokabox within 15 days of signing this contact, either by registered letter to Lokabox, or handed over in person in exchange for an acknowledgement of receipt in a Lokabox centre, or via e-mail with an acknowledgement of receipt to the address email@example.com.
The Customer shall produce proof of payment of the insurance premium at any time Lokabox requests to see it.
6.2 If the Customer decides to take out an insurance policy with his/her broker, he/she will carry out all steps required with the insurer in the event of a claim. If the insurer pays compensation, this will be carried out directly by the insurance company mentioned to the victim without the intervention of Lokabox. The Customer shall inform Lokabox of any claim within 24 hours.
6.3 If Lokabox is liable, the compensation due cannot exceed €50 per m3, as the Customer’s personal belongings with a higher value cannot be valued otherwise, under Article 3.2 above.
7. OBLIGATION OF INFORMATION: ELECTION OF DOMICILE AND OWNERSHIP OF BELONGINGS
The Customer elects domicile at his/her home or at the registered office of the company taking out the contract, following the exact indications that he/she mentions. The Customer shall immediately inform Lokabox of any change of address using a suitable form sent either by registered letter to Lokabox, or handed over in person in exchange for an acknowledgement of receipt in a Lokabox centre, or via e-mail with an acknowledgement of receipt to the address firstname.lastname@example.org. The Customer is solely liable for any mistakes he/she may make in this information.
It is expressly agreed that when this agreement is performed, Lokabox has no obligation to check the exact address or registered office of its Customer.
Any communication to the Customer (particularly regarding the formal notice formalities set out in Article 4.2.) will be carried out by Lokabox at the address indicated, and will by necessity be considered as having achieved its objective if the Customer has not indicated his/her address correctly or has not notified Lokabox of his/her change of address after signing the contract.
The Customer is also presumed to be the owner of the items which he/she stores in the space placed at his/her disposal. If this is not the case, he/she shall specifically inform Lokabox that he/she is holding them for someone else at the time the contract is signed.
8. JURISDICTION AND APPLICABLE LAW
This contract is governed by Belgian law. All disputes of any nature will fall within the exclusive jurisdiction of the courts of the district of Charleroi.
9. VALIDITY – SCOPE
If one of the provisions of these General Terms and Conditions or special conditions becomes void, this does not mean that the contract becomes void. The judge will replace the void provision with a provision which best reflects the shared intention of the parties.
Any changes to one of these provisions will be deemed unwritten, unless it is signed by Lokabox for approval.
The contact binds the parties, as well as their heirs and legal successors.