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Storage Room Rental Conditions

Rental Conditions

OBJECT

The provider, responsible for the website, provides users with this document with which it intends to comply with the obligations laid down in Law 34/2002, on Information Society Services and Electronic Commerce (LSSI-CE), as well as informing all users of the website about the conditions of use of the website.

Access to the website implies unreserved acceptance of these general terms and conditions of use, which the user declares to have fully understood. The user undertakes not to use the website and the services offered on it to carry out activities contrary to the law and to respect these general terms and conditions at all times.

The provider may interrupt access to its website at any time if it detects use contrary to the law, good faith or these general conditions.

The provider reserves the right to modify any type of information that may appear on the website, without there being any obligation to give prior notice or inform users of said obligations, with publication on the provider's website being understood to be sufficient.

ABOUT THE PROVIDER

The provider responsible for the website offers users of the website its identification data in order to improve user confidence and relations with the user. Its data are as follows

palmatrasteros.com

RIERA Y LLULL S.A.

VAT NO: A07452246

CALLE SAN MIGUEL 42 07002.PALMA DE MALLORCA

Company registered in the Mercantile Register of Palma de Mallorca, Volume 799, Folio 130, Page 1583.

info@palmatrasteros.com

Phone: +34 618.102.896

The contractual relationship between the customer and PALMA TRASTEROS is governed exclusively by the following general conditions:

1. Applicable rules.

These General Conditions are subject to the provisions of Law 7/1998, of 13 April, on General Contracting Conditions, Law 26/1984, of 19 July, General Law for the Defence of Consumers and Users, Royal Legislative Decree 1/2007 approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws and the Code of Commerce and the Civil Code.

2. Object of the Contract.

By signing this contract, PALMA TRASTEROS grants the use of the storage room described in the Particular Conditions, located in the PALMA TRASTEROS premises at the centre's address, in the town of Palma de Mallorca, for the stipulated term and price, for the sole and exclusive purpose of storing movable goods of different kinds, property of the customer, with the exception of those described in section “10. Prohibitions”, which are expressly forbidden.

3. Size of storage room.

Due to the construction characteristics, the contracted storage room has an approximate surface area and volume to that indicated in the Particular Conditions. Under no circumstances will PALMA TRASTEROS be held responsible if the contracted storage room does not measure exactly as expected.

4. Duration.

This contract is agreed for the duration initially established in the Particular Conditions. On expiry of the initially stipulated term, it shall be automatically extended for equal periods (monthly, half-yearly or yearly, according to the periodicity agreed in the Particular Conditions), unless either of the two parties reliably notifies the other party of their wish not to extend it at least 15 days prior to the expiry date of the contractual term or any of the successive extension periods.

The automatic extension shall not apply if the customer is not up to date with the payment of instalments or other obligations arising from this contract.

At the end of the contract due to the expiry of the last established term, the customer is obliged to vacate the contracted storage room in optimum conditions of conservation and cleanliness (it is forbidden to clean the storage room with water or other liquids so as not to introduce humidity into it), as well as to remove all the goods stored in such a way that they do not cause damage to the storage room, the common access areas or the rest of its installations.

In the event that the customer returns the storage room without having emptied or cleaned it completely, an additional charge of 5 € will be invoiced for each item not removed, plus an additional amount of 75 € for the cleaning of the storage room as a penalty.

5. Price.

The consideration for the transfer of the use of the storage room shall be the price initially established in the Particular Conditions. The payment of the fee shall be made monthly, half-yearly or annually in advance, according to the periodicity agreed in the Particular Conditions, by bank card, to which the amount corresponding to Value Added Tax at the legal rate in force at any given time and, where applicable, the complementary services contracted or the expenses incurred by the customer shall be applied.

The customer authorises PALMA TRASTEROS to manage all the payments corresponding to the accrued rentals by card, all in accordance with the Payment Services Act 16/2009 of 13th November.

The commitment to pay by bank card is irrevocable.

We inform you that PALMA TRASTEROS uses a payment process through a secure computer system that encrypts your bank card number. PALMA TRASTEROS will not keep, nor will it be able to access your bank details, it is only limited to managing the card payment order with the bank.

PALMA TRASTEROS reserves the right to update the amount of the initial price each time the contract has reached the annual period in accordance with the General National Index of the regional Consumer Price Index system published by the National Institute of Statistics or the body that replaces it, and applying the value published two months before. Under no circumstances will the delay, delay or tardiness in the application of this adjustment imply the loss, renunciation or abdication of the right of PALMA TRASTEROS to apply it. The customer will be notified of the new quota to be paid one month before the day on which the updated price is due to be paid.

PALMA TRASTEROS also reserves the right to revise the amount to be paid at the current market price once a period of 12 months has elapsed from the initial contracted period. This revision will be applied in the next extendable payment where the client will be notified at least one month before the effective date of the modification. The customer, having been notified of the price revision, will have 15 calendar days from receipt of the revision to communicate, in the event that he/she does not agree with the new price, the termination of the contract and therefore must leave the storage room, removing all his/her stored goods.

5.1 Reimbursements and refunds

The customer shall not be entitled to a refund of the fee paid in the event of cancellation of the contract by the customer.

6. Non-payments.

In the event of non-payment or delay in the payment of the quota, PALMA TRASTEROS will apply an additional surcharge equivalent to 20% of the unsatisfied quota, with a minimum of 25 € as payment claim expenses.

After the customer has been reliably requested to pay by PALMA TRASTEROS and has not paid the debt within a period of less than 7 days from the request, this will give rise to the notification of the automatic termination of the contract and the customer will have a period of 7 calendar days from the notification, or refusal, of the termination of the contract to vacate and abandon the storage room, all without prejudice to PALMA TRASTEROS being able to claim the outstanding amount for the following concepts:

- Amounts outstanding plus legal interest, late payment surcharges and, where applicable, penalties.

- Possible damage that may have been caused to the storage room.

- Amounts that may arise in respect of administration, bank or other charges.

Once the period of 7 days granted for the eviction and abandonment of the storage room has elapsed, the customer expressly and extensively authorises PALMA TRASTEROS to access the lent storage room and block the customer's access to the centre's facilities and its storage room.

7. Causes for termination of the contract.

This contract shall terminate at the expiry of the current term if either party notifies the other party that it does not wish to extend the duration of the contract in accordance with the terms of the contract.

It shall also be terminated by termination at the request of either of the parties when the other party fails to comply with the agreed obligations and in particular, by way of a non-exclusive list, among others: failure to pay the price, or delay in payment, transfer of use to a person other than the client, carrying out works in the space, unauthorised goods or objects remaining in the space, and failure to accredit that the goods are sufficiently insured.

In the event of termination, it shall be sufficient to comply with the time limits and formalities laid down in the case of non-payment. 

8. Rights and Obligations.

A) The customer has the following rights:

- During the term of the contract, you may store any type of movable property owned by you, except those expressly prohibited in the specific clause of this contract. 

- To freely access the PALMA TRASTEROS facilities, except in restricted access areas, at the times established by PALMA TRASTEROS, under the terms set forth in this contract. 

- The customer may authorise access to the PALMA TRASTEROS facilities to other persons of legal age. In this case, and for security reasons, he/she must inform PALMA TRASTEROS in writing, identifying the authorised person/s with the name, surname/s and ID number. In the event that the person accessing the premises is accompanied by the customer, this communication will not be necessary. In both cases the client will be responsible for any damage that may be caused by both the authorised persons and the persons accompanying them. 

- To any other right that, without being included in this contract, may correspond to him/her by the applicable regulations.

B) The customer shall have the following obligations:

- To pay the agreed price and other amounts due in accordance with the provisions of this contract in a timely manner. 

- To store goods of legal provenance and of his property or, if applicable, that he has peaceful or legal possession of them or express authorisation from the owner or whoever has the right to dispose of or administer them.

- To respect the rights of other users of the facilities. 

- To keep the storage room in proper conditions without causing damage to it, to the rest of the communal facilities, or to the property of other customers. 

- In the event of abandoning the storage room, due to expiry, termination of the contract or for any other reason, you must leave it in the same condition in which you found it when you entered it and, if necessary, carry out any repairs required to do so. 

- To insure the stored goods for the entire duration of the contract.

- To any other obligation that is not included in this contract that may correspond to it by the applicable regulations. 

- The customer shall verify the suitability of the storage room for storing his goods, and shall place them in such a way that they maintain a stable balance, and do not damage the walls, floor or ceiling. In the event of storing sharp objects, machinery, construction materials or any other object in general that may scratch, mark, stain, dirty or cause any damage or damage to the storage room floor, the customer must protect it with some element (pallet, cardboard, tarpaulin, etc.) to avoid any damage to the storage room floor.

- To inform PALMA TRASTEROS with due diligence of the occurrence of any damage to the storage room or the installations.

- No work of any kind may be carried out in the contracted space. By way of illustration, but not limitation, it is expressly forbidden to: drill holes, make fixed or mobile partitions, use load supports other than those indicated by PALMA TRASTEROS. 

- Other obligations provided for in this contract.

10. Prohibitions.

It is expressly forbidden for the client to establish any type of contractual relationship with third parties regarding the storage room, and it is therefore expressly forbidden to cede its use to any other individual or legal entity that is not a party to this contract.

It is expressly forbidden to use the storage room or the facilities, whether temporarily, occasionally or permanently, as a dwelling or residence, or as a place of work, as a business or tax address or for the purpose of receiving correspondence, summons and/or notifications from third parties.

It is expressly forbidden to hang any object on the metal mesh placed on the roof of the storage room. 

It is forbidden to store objects weighing more than 200 kilos.

Tampering with, masking or hindering communication lines, security systems, electrical power, fire detection and ventilation is formally prohibited.

It is expressly forbidden to leave goods and/or litter in the hallway, any common area within the facilities or on the pavement of the facilities. Negligent use of the facilities will incur an additional charge of €60 as a penalty.

The customer shall not store dangerous, prohibited, flammable, toxic, polluting, contaminating, explosive, foul-smelling or regulated storage products.

In particular, and without this list being exhaustive, it is prohibited to store:

- Perishable products prone to rotting.

- Waste of any kind (animal, toxic, radioactive, hazardous materials, etc.).

- Any object of art and collection of any kind.

- Furs, jewellery, precious and semi-precious stones, valuable paintings and any precious metal objects.

- Any set or movable constituting a whole with a high aggregate value, unless otherwise expressly agreed in the insurance contract.

- Animals, dead or alive.

- Matches, lighters, fireworks.

- Firearms and their ammunition or explosives.

- Aerosols.

- Any illegal substance, prohibited for sale or illegally obtained object, such as drugs, imitations, smuggled, stolen or stolen goods, etc. 

- Any substance, preparation or object:

Explosives, such as compressed or liquefied gas like LPG, acetylene, butane, propane, etc.

Flammable, such as varnishes, oils (vegetable, essential, heavy mineral), resins, paraffins, crude vegetable fibres (cotton, linen, hemp, etc.), acetone, turpentine, methylated spirits, petroleum, benzene, turpentine, toluene, nitrates (sodium, potassium, ammonium, etc.).

Oxidising agents such as hydrogen, chlorates (ammonium, potassium, etc.), peroxides, strong perchloric acids.

Toxics, such as stain removers, pesticides or fuming nitric acid.

Harmful, such as paint thinners, stain removers.

Environmentally hazardous, such as pesticides, herbicides, heavy metals.

    Irritants, sensitising, carcinogenic or mutagenic.

- In general, all substances labelled with regulated warning symbols are prohibited.

PALMA TRASTEROS may require the customer to show the deposited goods and/or their full written description.

In the event of non-compliance with the above obligations/prohibitions and without prejudice to the action to terminate the contract that may correspond to PALMA TRASTEROS, the customer will be directly responsible for any damage caused to persons and things, whether they are the property of PALMA TRASTEROS, other customers or third parties.

The customer is responsible for the ownership of the goods he/she deposits, so PALMA TRASTEROS will not have any kind of responsibility in this respect.

11. Insurance.

All risks associated with the goods or their storage in the storage room shall be borne by the customer.

The centre has the necessary CRS for its activity but it is recommended to take out private insurance to cover the goods stored in its own storage room.

In any case, PALMA TRASTEROS will not assume any responsibility in relation to those objects or goods stored in the storage room except for those established in the conditions of this contract.

Likewise, the client will be directly responsible, before the administrations, before the owner of the floor and before the other clients, for the damages that, due to the goods stored in the storage room, could be caused in the floor and/or in the goods stored by the other clients, with total indemnity for PALMA TRASTEROS.

It is the customer's responsibility to load, unload, transport, handle and store by his own means the goods he wishes to store in the contracted storage room, so PALMA TRASTEROS is exonerated from any type of responsibility derived from the collection and removal of the stored goods, from personal injury and from any damage to property that may be caused, both to PALMA TRASTEROS and to third parties and to the customer himself.

12. Use of the Facilities and Storage Room.

A) Access to facilities.

- The client will be able to access the facilities and their storage room during the established opening hours (06:00-22:00) 365 days a year.

- PALMA TRASTEROS reserves the right to modify the access times to the facilities by giving the customer one week's notice.

- Access to the facilities will be via a personal and non-transferable code or via the customer's control panel.

B) Access to the storage room.

- To access the storage room, the customer will have to access the control panel (web or mobile App) and press the corresponding button to open the outer door or the storage room door. To avoid unintentional opening, the customer must confirm the opening of the door.

- If the customer does not have a mobile phone, he/she can enter the personal code on the numerical panel on the access door of the PALMA TRASTEROS facilities. Once inside, to open the storage room, the customer must re-enter the personal code on the padlock to open the storage room door.

C) Conditions of access to the facilities and to the storage room.

- It is strictly forbidden to bring any type of animal onto the premises, unless it is a guide or assistance animal.

- Authorised persons: Only persons who have signed the contract and are authorised based on section “9. Rights and Obligations”. PALMA TRASTEROS reserves the right to verify the identity of any person accessing the facilities, as well as to restrict access to any person not accompanied by a customer of the facilities.

- How to access: It is strictly forbidden to enter the facilities while another person or vehicle is entering or leaving the facilities. It is compulsory to access via the enabled personal code or through the customer's control panel. In the event of forgetting the personal code and problems with access to the customer's control panel, the customer may request assistance from the PALMA TRASTEROS Technical Assistance Centre during the specific customer service hours. 

- It is strictly forbidden to block in any way the opening or closing of the access doors to the facilities, due to the security risks involved. When leaving the premises, the customer must ensure that the door is completely closed to prevent unauthorised access to the premises. In the event of a failure of the access control system to the premises, the customer must immediately contact the Technical Assistance telephone number during opening hours or the Customer Service telephone number.

D) Customer Service and Technical Assistance.

- The Customer Service telephone number is 618102896. The Customer Telephone Service hours are Monday to Saturday working days from 09:00 to 20:00.

- The Technical Support telephone number is available through the customer control panel. The Technical Customer Support hours are Monday to Saturday working hours from 09:00 to 18:00.

E) No smoking on the premises.

- It is expressly forbidden to smoke or throw cigarette butts in the entire premises, both inside and outside the storeroom.

F) Noise.

- Any disturbing noise caused unnecessarily or without precaution, whether inside the premises, is strictly forbidden, day or night. In particular, the customer must switch off the engine and the radio of his vehicle when he is inside the premises. The client must be particularly careful not to make noise during the night, weekends and public holidays.

G) Equipment made available or rented to customers.

- Handling material: PALMA TRASTEROS may provide the customer with handling material, such as trolleys, for their exclusive use within the premises to facilitate the handling of goods and heavy objects between the access to the premises and the storage room and for their exclusive use inside the premises. The customer shall use these materials at their own risk and shall not allow minors to handle them, without any liability on the part of PALMA TRASTEROS, in particular on the basis of articles 1891 and 1384 paragraph 1 of the civil code. This material, property of PALMA TRASTEROS, must be watched over at all times by the customer, and must be kept in the area indicated for this purpose when it is no longer in use. In case of loss or damage to this material due to improper use, the customer responsible must assume the full cost of replacement of this material. The customer will assume a charge of 25 € per day if any of the materials made available to all the customers by PALMA TRASTEROS are retained in their storage room.

- Shelving: PALMA TRASTEROS can provide the customer with the service - optional and for a fee - of renting shelving that must be used exclusively inside the storage room. The customer must use these racks at their own risk, without any responsibility on the part of PALMA TRASTEROS, and must not allow minors to handle them. The customer shall be careful not to load these racks with a weight exceeding the weight mentioned on the information labels. In case of loss or damage to these shelves, the customer will have to assume the full cost of replacement plus transport and assembly of the shelves.

13. Data protection.

In accordance with current legislation on the protection of personal data, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights.

Information to the interested party:

Responsible for processing: palmatrasteros.com

RIERA Y LLULL S.A.

VAT NO: A07452246

CALLE SAN MIGUEL 42 07002.PALMA DE MALLORCA

Company registered in the Mercantile Register of Palma de Mallorca, Volume 799, Folio 130, Page 1583.

info@palmatrasteros.com

Phone: +34 618.102.896

Purpose of processing: To ensure the security of persons, goods and facilities.

Legitimation of the processing: The legal basis for the processing of personal data is the contractual relationship.

The processing is necessary for the performance of a task carried out in the public interest for reasons of security, both of the premises and of the persons on the premises.

Recipients of the data: No data will be transferred, unless legally obliged to do so.

If necessary, your data may be communicated to the Security Forces and Corps, judicial bodies and the Public Prosecutor's Office, in compliance with the legislation in force.

Retention of data: Data will be retained for as long as there are legal obligations associated with each data processing.

Specifically, images captured by video surveillance systems will be deleted within a maximum period of one month from their capture.

Rights: You may exercise your rights of access, rectification, erasure and portability, of limitation and opposition to their processing, as well as the right not to be subject to decisions based solely on the automated processing of your data, where applicable, before the Data Controller in person or by post or e-mail at the addresses given in the “Controller” section.

Further information on data protection can be found on our website: www.palmatrasteros.com/privacidad.

14. Reservations.

PALMA TRASTEROS reserves the right to modify any or some of the clauses of the present contract, in which case it will notify the customer in a reliable manner, who will have the right to continue with the new conditions, or to terminate the contract, in which case the customer will have to leave the storage room.

PALMA TRASTEROS reserves the right to change the location of the contracted storage room if there are justified, urgent or force majeure reasons. The removal of the goods will be at the customer's expense, unless due to urgent necessity or justified reasons PALMA TRASTEROS is unable to communicate this circumstance to the customer sufficiently in advance, in which case the removal will be carried out by PALMA TRASTEROS staff.

PALMA TRASTEROS reserves the right to block or cancel the access code to the installations in the event of any non-payment of the amounts to which the customer is obliged or in the event of a breach related to the obligations described in this contract.

PALMA TRASTEROS may only access and inspect the storage room, without the customer's consent, to check strict compliance with the clauses of this contract and the applicable regulations. For this reason, the customer must be given at least 24 hours“ notice, except in cases of urgency and serious necessity or by order of the authorities. This is without prejudice to the right of PALMA TRASTEROS to access the storage room for the purposes of the provisions of section ”6.

15. Nullity and ineffectiveness of the clauses.

If any provision of these General Conditions is declared wholly or partially null and void or ineffective, such nullity or ineffectiveness shall only affect that provision or that part of it which is null and void or ineffective, and the General Conditions shall continue to apply in all other respects, and such provision or that part of it which is affected shall be deemed not to have been included in these General Conditions.

16. Industrial and intellectual property

All intellectual and industrial property rights (content of the website and its graphic design, logos and registered trademarks) are the exclusive property of PALMA TRASTEROS, and it is PALMA TRASTEROS who has the exclusive exercise of the rights to exploit them. Thus, their reproduction, distribution, public communication and modification, in whole or in part, is prohibited without the prior express authorisation of PALMA TRASTEROS. Likewise, all distinctive signs, brands, commercial names or signs of any kind contained in the website, documents, advertising and any others in which PALMA TRASTEROS appears are protected by the laws regulating industrial and intellectual property.

17. Nature.

Given the speciality of the type of service offered by PALMA TRASTEROS and the object of this service provision contract, protected by the principle of autonomy of will enshrined in current Civil Law, the legal relationship will have an atypical civil and/or mercantile nature (as appropriate depending on the type of client), and cannot be considered as a deposit, lease or any other similar figure, therefore the agreements written in this contract are expressly excluded from the scope of application of the Urban Leases Act.

18. Notifications.

For the purpose of notifications, the address of PALMA TRASTEROS and the customer is agreed to be the address that appears in the heading of the contract, and these communications must be made in writing and by any reliable means.

All notifications attempted at the addresses or e-mail addresses indicated above shall be deemed to have been made, even if they are not physically received by the addressee, unless, by e-mail or any other reliable means, either of the parties has indicated to the other its change of address for these purposes.

19. Jurisdiction.

For any litigation arising from this contract, the courts of the city of Palma de Mallorca shall have jurisdiction, as this is the locality where the spaces that are the object of the contract are located, and the parties waive any other jurisdiction that may correspond to them.

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