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General conditions

RENTAL PRICE
The rent for each month should be with the lessor before the first of the month. To ensure this is the case the lessee needs to sign for an automatic bank transfer. The lessee needs to ensure that there is enough money on the bank account.

RENTAL ADJUSTMENTS
Annual adjustments to the rental agreement take place on 1 July on the basis of the consumentenprijsindexcijfers (Consumer Price Index Figures) where the year is 2000-100. It is also according to the information of the C.B.S. (Dutch Central Bureau for Statistics).

CANCELLATION OF RENT
When the rental period has expired the rental agreement will be tacitly extended, for a month at a time, unless it has been cancelled by one of the parties via registered mail taking into account the two week cancellation period. The lessor is, apart from their legal authorization - also authorised to cancel the rental agreement immediately if the lessee dies, comes under receivership, or a large percentage of their capital is confiscated, they fall under a suspension of payments, are declared bankrupt, put in a debt restructuring scheme, put in a psychiatric institution, or if the lessee has been derelict in their duties as specified in the rental agreement.

DEPOSIT
By signing the rental agreement, the lessee makes a deposit consisting of three times the monthly rent. This deposit gives prompt clearance for any damage, costs and interest, that the lessee owes as determined in the annex to this rental agreement. If for this reason the lessor needs to draw from the deposit, then the lessor is authorised to withdraw the amount withdrawn via the automatic bank transfer to bring the deposit back to the total of three months’ rent. The lessee has no claim on the balancing of the deposit. There will be no interest given for the deposit. There is also a deposit required of €16.00 per key for the entry gate.

CHANGES
No changes may be made in or on the rented space. It is strictly forbidden to fasten objects of any sort on the walls, floors or ceilings.

INTENDED USAGE
The rented space is intended only for use as a storage space for regular belongings. It is forbidden to store foods because of the attraction of vermin. It is forbidden to store items with specific storage space conditions, such as dangerous substances and/or items that require a special license or other regulations. Smoking, the use of welding and or/grinding equipment and the use of fire and/or inflammable fabrics in the rental space is also strictly forbidden. Growing cannabis in the rental space is also not tolerated, or to carry out other activities that are punishable by law such as the opium law. The lessee may carry out incidental work, on the condition they have written permission from the lessor, and on the condition that this is prosecuted in a way that is not in conflict with any law, regulation or other governmental directive, and that it is not taking risk that any governmental license can or will be withdrawn. The lessee is forbidden under any circumstances to leave items of any kind outside. The lessor herewith gives caution that the lessee is liable for any damage resulting from the violation of any of these points, also any costs the lessor may incur. Violation is also reason enough to immediately terminate the rental agreement.

INFORMATION 

Should a municipality or another governmental institute make a request for the name or other information of the lessee, the lessor may provide this information.  

LESSOR CHECKING LEASED FACILITY

The lessor may, without prior consultation and/or prior knowledge of the lessee check  the leased facility and thereby inspect the items in the facility, and open them  should they be (partly) sealed, in order to guarantee that the lessee is using the leased facility according to the designated use and not for other purposes and/or punishable offences, such as for example the  storage of drugs, other forbidden substances (including stolen goods) and/or illegal, false- and/or otherwise forged and/or counterfeit products.  Should the lessee use the facility in a way other than intended, the lessor is entitled to immediately cancel the rental contract and to immediately declare the situation to the police. 

ENTRANCE GATE
Pay attention! All vehicles need to have a registered individual tag/pas or transmitter, so only one vehicle may enter the gate at a time. This applies also to leaving. Visitors may only enter the facility under the supervision of a lessee who is accountable for any risks. The lessee is not allowed to give the key to the gate to a third party unless it concerns their own personnel. Malfunction or damage to the barrier should be reported to the lessor immediately. At the start of the rental period the lessee can request the lessor to arrange for new cylinders for the locks. The lessee pays for the incurred costs. The lessor agrees, that the lessor may denied entrance to the rented space unless the lessor has any claims upon the lessee.

YARD
Apart from customers who rent parking space parking in the yard of Majabox is only allowed when the owner or their personnel are present, and needs to be offer no impediment to others. The driveway needs to be kept clear at all times and driving can only be done at a walking pace. If this is not adhered to, the lessor is within their rights to take measures to remove the impediment at the costs of the lessee.

MAINTENANCE
The lessee if required to keep the rental space clean both inside and out. The lessor has the right to enter the rental space for checks and/or maintenance at a time and date decided on by the lessor. Therefore a key remains with the lessor. The lessee is financial liable for e.g. changing of locks, any costs incurred from repairing damage made by the lessee, their personnel and/or visitors to the space by the lessee, and all costs for ‘small’ maintenance jobs.

ELECTRICITY
Unless there is a separate electricity meter in the rental space the lessee will make limited use of the electricity socket and lighting. In agreement with the lessor an electricity meter can be installed at the costs of the lessee, if so then the lessor is licensed to withdraw the amount of electricity used via automatic bank transfer. When the lessee is not present it is not allowed under any circumstances to leave any devices on.

SUBLETTING
The lessee is forbidden to sublet the whole or part of the rented space to a third party, to sublease usage of the space, or to transfer rental rights as a whole or partially to a third party,

INSURANCE
Lessee is obliged to take out a liability insurance for damage and to maintain the premium payments. If requested the lessee needs to show the lessor, the policy and premium receipts. The lessee is explicitly aware of this and agrees that the owner is in no way liable for any damage that may occur, including potential liability claims from third parties, unless it is clearly deliberately caused or a great mistake of the lessor.

NEGLIGENCE
The lessee is negligent in fulfilling their contract if the fee is not on time and fully paid onto the owners account.

FINE REGARDING CONFLICT WITH THE OPIUM LAW 

Should the lessee and/or the persons for whom he is responsible, act in conflict with the opium law, e.g. trading, the lessee is required to pay an immediate fine to the lessor of € 20.000,00.  

AUTOMATIC BANK TRANSFER CHARGES

Should the lessor be compelled to take legal or extra judicial action to collect the debt, then all costs involved are to be paid by the lessee. The extra judicial costs will be determined by the Besluit Vergoeding Buitengerechtelijke kosten (Dutch Governmental norms for deciding on extra judicial compensation,with a minimum of €40,- excluding BTW (VAT).

RIGHT OF PLEDGE
The lessee agrees that all stored items are pledged to the lessor, according to the right of pledge as appears in article 3:227 BW. The right of pledge concerns all items that are present in the rental space, and act as security for the lessor should the lessee be or become in debt to the lessor. The lessee declares that he has no former restrictions on the stored items and that he has authority to extend right of pledge to the benefit of the lessor as stated in the above mentioned article. Should the lessor wish he can register the right of pledge at the tax office where a right of pledge can be established on all possessions present in the rented facility. Where the co-operation of the lessee is necessary to enforce the right of pledge, the lessee is obligated to provide his co-operation at the first request from the lessor. When taking into account the amount owed to the lessor, and as far as the security this right of pledge covers, then the administration of the lessor is proof, unless the lessee can produce counter-evidence.

Lessor is entitled to take actual ownership of the belongings present and to immediately execute the right of pledge, without prior announcement or notice of default, at the moment that the lessee has not fulfilled his contractual obligations. When exercising de facto ownership of the items the lessor must transfer the granted possession-less right of pledge to a possessory pledge however – if the possession less right of pledge was not established – the possessory pledge is set up to the benefit of the lessor regarding all items in the rented space. The establishing of a right of pledge leaves the rights of the lessor to automatic bank transfer unaltered.

CLEARANCE
At the end of the rental period the lessee is required to clear out the rented space and leave it broom clean, before returning the keys, tags/pass and hand transmitter. Should items be left in the rented space after the rental period has ended the lessor with remove them at the cost of the lessee. Should the lessor be necessitated to remove the items then this costs € 30 per m³. Should the lessor outsource this to a third party then the costs of the third party will be charged to the lessee. Items not removed are viewed as items the lessee no longer wishes to own. Lessor has the right to remove the items at their own discretion, without any liability, at the cost of the lessee. They may be destroyed, or if wished the lessor may sell them and keep the profit.

JOINT AND SEVERAL LIABILITY
Should more people combine as lessee, they are all liable for any commitments entered into in the rental agreement.

SITUATION AFTER END OF CONRACT 

After the rental contract has ended, should goods still be in the leased facility, the lessor is entitled to remove the goods, or let them be removed, and to destroy, or let them be destroyed, in which case the lessee has no right to compensation.   

COSTS, INDEMNITY, DAMAGE 

Should a municipality or another governmental institute decide to remove the goods in the rental facility and charge the lessor for the costs of doing so, the lessee is obliged to compensate these costs to the lessor immediately.  The lessee gives indemnity to the lessor for fines that are imposed on the lessor due to the behaviour or negligence of the lessee. The lessee gives indemnity to the lessor for (the consequences of) periodic penalty payments by a municipality and/or another governmental institute. The lessee is responsible for all damage to the leased facility, unless the lessee can prove that the damage is not the responsibility of the lessee or people for whom he is responsible. The lessee is obliged to cover all costs for which the lessor is taxed, where it relates to actual use by the lessee.  

COMMINICATION
All communications of the parties, including invoicing, can be done via email. Should the word writing be used in this document then it is understood to mean email.

INFORMING OF CHANGES IN CONTRACT DETAILS
The lessee is required to communicate to the lessor any changes in details as they appear in the contract (address, telephone number, email address and such like), at the latest at the commencement of the changes. The lessee is responsible for any costs incurred by the lessor due to negligence in fulfilling this requirement.

IDENTIFICATION REQUIREMENT 

The lessee must show identification at the first request of the lessor and ensure that people who enter the yard and/or are in the area of the leased facility on request of the lessee and/or on behalf of the lessee, immediately show identification upon a first request from the lessor. The identification is done by presentation of a valid proof of identity, such as a valid passport and/or driving license. The lessor may make a copy of this proof. 

PERSONAL DETAILS
Company and personal details that the lessee provides, are used internally by the lessor for the completion of the rental agreement related to the services agreed to, or due to justifiable needs or legal duties, as well as managing any related relationships. It concerns basic information such as:

- the first and surname of the company of the lessee and the function;
- contact details such as postal address, (mobile) telephone number and email address;
- financial information such as the bank number of the lessee;
- any extra personal data such as identification, date of birth and nationality.

These details will be entered in the customer system and bookkeeping system of the lessor where it will be managed, as long as that will be needed for the above mentioned purpose or to complete legal responsibilities.

Personal details are also collected during visits of the lessee to the location by camera images. This is necessary for the completion of a contract and for the justified representation of interests. The camera images are not kept any longer than necessary (in principle maximal four weeks), unless it concerns a specific incident such as theft. If so the images are kept until the incident has been dealt with.

The lessor does not give personal details to third parties, with the exception of her ICT providers.

The lessor has taken the necessary technical and organisational security measures to protect the personal details of the lessee against loss, misuse or irresponsible access by third parties. The lessor has also ensured that her ICT providers have also taken the necessary technical and organisational security measures.

The lessee can write to the lessor requesting access to their personal details. Should the details that the lessor has contain inaccuracies, then a written request can be sent to change or remove the details. The lessee can also write a letter of explanation requesting a restriction be placed on their personal details, and they can make an objection to the processing of their personal data. A request/objection should be directed to: Majabox BV, Legmeerdijk 165, 1432 KA Aalsmeer of: info@majabox.nl

CHANGES TO THE ANNEX
The lessor retains the right to unilateral change of this appendix.

PARTIAL NON-BINDING
Should any provision prove afterwards to be non-binding, then the remaining provisions remain fully relevant and the non-binding provision will be explained according to the rental agreement