General terms and conditions of BigBoxBerlin 15qm GmbH (referred to below as: BIGBOXBERLIN), Thaerstr. 18, 10249 Berlin, covering rental contracts for locker facilities which are concluded exclusively by means of remote means of communication
- Definition of terms
The following definition of terms applies to the present terms and conditions.
|Customer:||The customer is a natural or legal entity or a partnership with legal capacity which concludes a rental contract for a locker with BIGBOXBERLIN.|
|Distance contract:||Distance contracts are contracts in which the contractual negotiations and conclusion between the commercial entity or someone acting on its behalf and the consumer are implemented purely by remote means of communication, unless the conclusion of contract is not implemented within the framework of a sales or service system organised for distance sales.|
|Commercial entity:||The commercial entity is a natural or legal entity or partnership with legal capacity which exercises its business or self-employed professional capacity in concluding the purchase contract.|
|Consumer:||The consumer is a natural entity concluding a legal transaction for purposes which for the most part cannot be attributed to commercial or self-employed professional activities.|
|Remote means of communication:||Remote means of communication are all means of communication which can be used for the negotiation or conclusion of a contract without requiring the contracting parties to be physically present at the same time, and include letters, catalogues, telephone calls, faxes, emails, text messages as well as radio and television media.|
- Scope of application
These general terms and conditions have exclusive application to service contracts between BIGBOXBERLIN and customers. Unless they have been individually confirmed in writing by BIGBOXBERLIN, any general terms and conditions applied by the customer which contradict or diverge from these general terms and conditions will not be recognised.
- Subject of the contract
The subject of the contract is the rental of a mobile or stationary locker.
- Rental period
The rental period will depend on the location and period of use of the mobile or stationary locker. The period must be selected within the period available for booking on the website of BIGBOXBERLIN at www.safeboxen.de.
The rental relationship will end on the expiry of the agreed rental period, unless it is terminated prematurely within the framework of legally permitted cases, or is extended by an appropriate agreement with BIGBOXBERLIN.
- Effective start of the contract
a) Offer to conclude a rental contract by the customer
The description of the lockers on the BIGBOXBERLIN website at www.safeboxen.de does not represent a binding offer to conclude a rental contract on the part of BIGBOXBERLIN, but is merely an invitation to customers themselves to provide BIGBOXBERLIN with an offer relating to the conclusion of a rental contract for a locker (so-called invitatio ad offerendum).
The binding booking of a locker comes into effect when the customer accesses the relevant event on the BIGBOXBERLIN website at www.safeboxen.de and enters the required locker size, rental duration and if relevant other bookable options, together with his or her personal data.
By activating the relevant checkbox, customers confirm that they accept the general terms and conditions of BIGBOXBERLIN, together with the cancellation policy and the reference to the premature expiry of the right of revocation if they take advantage of the services before the expiry of the statutory revocation period. The booking cannot be concluded unless this checkbox is activated.
The booking is then completed by a click on the “Place binding order” button.
It is only when they click on the “Place binding order” button that customers submit a binding offer for the booking of the selected locker. Up to this point in time customers can any time check and if necessary amend their entries before sending them.
After the booking has been received by BIGBOXBERLIN the customer will receive an email confirming receipt of the offer by BIGBOXBERLIN. Here the customer can once more check the information which has been submitted, so that any errors which have been made in the booking can still be corrected in good time.
When the customer receives the email confirming receipt of the offer by BIGBOXBERLIN this does not yet constitute a contract.
b) Acceptance by BIGBOXBERLIN of the customer’s offer to conclude a rental contract
The rental offers and prices on the BIGBOXBERLIN website at www.safeboxen.de are not binding, and are subject to confirmation of the customer’s offer by BIGBOXBERLIN. BIGBOXBERLIN undertakes to notify customers without delay if lockers should become unavailable and to refund any payment which has been made immediately.
As soon as payment has been received by BIGBOXBERLIN the customer’s offer to conclude a rental contract for a locker will be accepted in a separate email by BIGBOXBERLIN.
- Instructions on withdrawal/ Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (BigBoxBerlin 15qm GmbH, Thaerstr. 18, 10249 Berlin, Germany, Phone: +49 (0) 157 779 549 15, Email: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
BigBoxBerlin 15qm GmbH
Thaerstr. 18, 10249 Berlin
Tel: +49 (0) 157 779 549 15
Email: [email protected]
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
– Ordered on (*)/received on (*),
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper), – Date
(*) Delete as appropriate.
- Rent, time of payment, method of payment and delay in payment
The rent for the locker becomes due immediately. Payment can be made by PayPal or by bank transfer.
If the customer is in arrears with payment BIGBOXBERLIN will have the right to charge the statutory interest on arrears (in the case of consumers 5% above the base rate, and in the case of commercial entities 8% above the base rate. This is without prejudice to the right of BIGBOXBERLIN to demand a higher rate of interest or claim further damage on a different legal basis.
When the locker is made available on site a cash deposit is collected for the locker and the key. This deposit is not subject to interest. It is refunded to the customer when the locker and key are returned in good condition. Any claims on payment arising from the rental relationship and not yet settled by the customer will be deducted from the deposit.
- Set off, right of retention
Customers will only have a right of retention if their counterclaims have been legally certified, are not disputed or have been recognised by BIGBOXBERLIN. Customers will only be entitled to exercise a right of retention if their counterclaim is based on the same contractual relationship.
- Customer obligations
Customers undertake to treat the locker with due care and keep it clean. They must look after the key to the locker carefully and protect it against access by unauthorised third parties.
If a locker key is lost BIGBOXBERLIN must be informed without delay.
Lockers are provided to customers for use exclusively within the scope of statutory regulations. The lockers may not be used for the storage of substances which are perishable, hazardous or legally prohibited, in particular goods which violate youth protection, drug, firearms and fire protection legislation.
If the locker has a power supply, for technical reasons the following restrictions will apply to the use of the supply.
- The power supply must only be used to charge devices with low charging-power consumption, such as mobiles, tablets or cameras.
- For safety reasons, the power connections are limited to a maximum power of 15 watt per socket in the M and L lockers. Exceptions to this are the sockets in the lockers High-Voltage M and High-Voltage L, which are limited to 90 watt.
- The power is generated locally and is therefore prone to disturbances and voltage fluctuations. BIGBOXBERLIN assumes no liability for the use of the power source and for any defects in equipment caused by voltage fluctuations or failures.
- The socket may only be used to charge low-current-powered appliances, e.g. Mobile phone batteries, tablet batteries or camera batteries are used (maximum 15 watts in the subjects M and L and a maximum of 90 watts in the subjects High-Voltage M and High-Voltage L).
- Only one power-operated device may be connected to the socket in the lockers M and L. The connection of multiple sockets or power strips and / or – (USB) distributors is prohibited in the lockers M and L.
- The power connection must be protected against liquids of all kinds.
- Any problems with the power connection must be reported to BIGBOXBERLIN without delay.
For safety reasons power connections are restricted to a maximum output of 15 W per socket, except the sockets in the high-voltage lockers which are restricted to 90 W. The power is generated locally and is therefore subject to interruptions and fluctuations in voltage. BIGBOXBERLIN therefore accepts no liability for the use of the power source or for any defects to devices which are caused by voltage fluctuations or loss of power.
Customers are liable for any damage resulting from any breach of these provisions. BIGBOXBERLIN does not in principle obtain information about the contents of the locker, but reserves the right at any time to require access to the locker in order to ensure that the above provisions are complied with.
- Prohibition on renting lockers to third parties
Customers who have rented a locker are prohibited from renting the locker on to third parties.
- Exigent circumstances
BIGBOXBERLIN has a duplicate key and, if exigent circumstances apply, has the right to open the locker even without the consent of the customer.
- Prevention of use, exclusion of refund claims
The agreed rent will be due even if customers are prevented from using the locker for reasons attributable to themselves. BIGBOXBERLIN must, however, credit the customer with any expense which has been saved and benefits received from renting the locker to other customers.
Customers will have no right to compensation if BIGBOXBERLIN is unable to make available the rented locker for reasons which are beyond the control of BIGBOXBERLIN. BIGBOXBERLIN undertakes to notify customers without delay if lockers should become unavailable and to refund any payment which has been made immediately.
As the rental contract is concluded for a specific period of time, ordinary termination is excluded.
In cases permitted by law the parties have the right of extraordinary termination.
Extraordinary termination of the rental contract can also be implemented by BIGBOXBERLIN if customers fail to comply with the instructions of BIGBOXBERLIN staff on site and if this jeopardises their legal property and/or that of BIGBOXBERLIN and/or of third parties.
- Return of the locker, compensation for non-return of the locker or loss of the key, right of use
At the end of the rental period the locker must be returned in a clean and empty condition. Any contamination must be removed. The key must be returned to BIGBOXBERLIN.
Any tacit extension of the rental period if the customer continues to use the locker after the expiry of the rental period is hereby prohibited.
If after the end of the rental period the customer fails to return the locker, for the duration of the period until its return BIGBOXBERLIN can charge the agreed rent or whatever rent would be customary locally in comparable cases. BIGBOXBERLIN reserves the right to claim further compensation.
If the locker key is lost or not returned, BIGBOXBERLIN will charge a fee of EUR 10.00, payable immediately. If the customer fails to pay this fee BIGBOXBERLIN will have the right to satisfy its claims from the deposit or – until payment has finally been made – to exercise a right of retention to the property stored by the customer in the locker.
In addition BIGBOXBERLIN can use the contents of the locker to satisfy any claims which are not covered by the deposit. BIGBOXBERLIN will have the right to select the property to be used to satisfy its claims. In other respects such property will be sold in accordance with the provisions of the German Civil Code on the sale of pledged articles (§§ 1235 ff.). BIGBOXBERLIN can store any articles which are not sold or any remaining funds in another location or at any other registered place of deposit. If it is not legally permitted to deposit the contents of the locker and BIGBOXBERLIN is unable to make use of them, BIGBOXBERLIN will be able to destroy them after previously notifying the customer and documenting the process.
- Failure to collect the articles deposited in the locker; compensation for expenses
If the customer fails to collect the articles deposited in the locker and requests their return, he or she will be responsible for the costs involved. In addition an administrative fee of EUR 30.00 will be payable to BIGBOXBERLIN. The administrative fee and shipping costs will be immediately payable in advance. BIGBOXBERLIN will have the right to satisfy its claims from the deposit or – until payment has finally been made – to exercise a right of retention to the property stored by the customer in the locker.
BIGBOXBERLIN accepts no liability for damage which results from the shipping of the deposited articles, or for their loss.
In other respects the provisions of Section 14 relating to the rights of use will apply accordingly.
Regardless of legal basis BIGBOXBERLIN will only provide compensation to the following extent:
BIGBOXBERLIN will be liable without limitation for damage to life, limb or health resulting from a deliberate or grossly negligent violation of its obligations by its legal representatives or those acting on its behalf, and for claims in relation to product liability legislation, as well as damage resulting from a deliberate or grossly negligent breach of contract and deception on the part of its legal representatives or those acting on its behalf.
BIGBOXBERLIN will also be liable for damage caused by simple negligence if this negligence is related to the violation of contractual obligations which are essential for achieving the purpose of the contract (cardinal obligations). However, in such cases BIGBOXBERLIN will only be liable for the kind of damage which was predictable on the conclusion of the contract and typical of this kind of contract. With regard to property legally deposited in the locker by customers, this is restricted to EUR 500.00 per locker for cases of damage or loss. In other respects BIGBOXBERLIN will not be liable for simple negligible violation of ancillary obligations which are not essential to the performance of the contract. The limitations on liability described in sentences 1 – 4 will also apply in terms of the liability of legal representatives, senior executive personnel and other parties acting on behalf of the company.
Regardless of the legal nature of the claim which is asserted, any further liability is excluded. To the extent that liability is excluded or limited, this also applies to the personal liability of the employees and representatives of BIGBOXBERLIN and those acting on its behalf.
- Dispute resolution in consumer affairs
Settlement of online disputes in accordance with Art. 14 Section 1 of the Directive on Online Dispute Resolution: the European Commission makes available a platform for the online resolution of disputes at http://ec.europa.eu/consumers/odr/.
- Place of jurisdiction, applicable law and place of fulfilment
If the customer is a business entity, legal entity under public law or a special fund under public law the registered location of BIGBOXBERLIN will be the place of jurisdiction for any dispute arising from the contractual relationship. However, the system provider will also have the right to bring proceedings against the customer at the customer’s own registered location.
If the customer is not a commercial entity the applicable statutory regulation will apply.
This contract and its interpretation will be subject to the laws of the Federal Republic of Germany. This choice of applicable law will be without prejudice to mandatorily applicable provisions for the protection of consumers in accordance with the applicable law in their usual place of residence if in concrete cases this law takes precedence over the law of the Federal Republic of Germany.
Unless provided otherwise in the confirmation of booking, the place of fulfilment will be the registered location of BIGBOXBERLIN.
- Written form, severability clause
Any changes, supplements or incidental agreements will only be valid if concluded in text form, unless specified otherwise in these general terms and conditions. This text form specification will also apply to any waiver of this requirement. Communication by email will meet text form requirements.
If any of the above provisions is invalid or unenforceable, this will not affect the validity or enforceability of the remaining provisions. The parties agreed to replace any invalid or unenforceable provision with whatever valid and enforceable provision comes closest to meeting the original business purpose of the invalid or unenforceable provision.