General Terms and Condi­tions of Zebrabox

General terms and conditions of the ZEBRABOX España self-storage rental contract

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  1. That Zebrabox is the company providing the services that are the subject of this Contract.
  2. That the Client is interested in the service of storing, in a space, under their own risk, for the period recorded in the specific conditions, one or more items of personal property, hereby declaring that they are aware of the condition of the space, which they expressly accept is in perfect conditions for use without any reservations whatsoever.
  3. That the Parties having the same interest, hereby execute this Contract, in accordance with the following:
  1. The subject of this Contract is the supply of a physically delimited space named a module, mini-storage unit, storage room and/or box for a determined period, for the storage of personal property under the Client’s own risk, with the Client undertaking to remove said property, leaving the space free, empty and clear for use by Zebrabox once the agreed time has passed.
     
  2. For the purposes of this Contract, a module, mini-storage unit, storage room or box is defined as the space provided to the Client under the terms established in this Contract.
     
  3. The Client declares that they have seen the space, and that by signing this Contract the Client fully accepts the space.

The Parties define this Contract as an atypical, innominate service Contract, covered by the principle of free will established in article 1,255 of the Spanish Civil Code.

The Parties mutually agree that this Contract will firstly be governed by the agreements established herein, which, provided they are not contrary to law, will invalidate any legal regulation on matters regulated by said agreements.

The agreements contained in this Contract are expressly excluded from the scope of application of the 29/1994 Act of 24th November on Urban Leasing, and from the contents of the Spanish Civil Code related to leasing contracts and storage contracts and without the Contract, therefore, having the nature of any of the aforementioned contractual types.

The Contract will take effect through the free will of the Parties, and will be executed through the signing of these terms and conditions. Any amendment to the provisions of the terms and conditions will require the express written agreement of the Parties.

The terms and conditions stipulated herein constitute all the existing agreements between Zebrabox and the Client regarding this Contract. Said provisions will therefore prevail over any other proposed provision or exchange of correspondence or similar prior to the signing of the Contract, and over any other prior agreement between the Parties related to the subject of the Contract.

If one of the Parties omits, on one or more occasions, to request the application of one or more of the provisions of the Contract, this circumstance may not be interpreted as a waiver by the Party in question to make use of said provision or any other provision of the Contract, under the same or different circumstances.

Within the framework of this rental contract, both parties agree that, an amount of 1 euro (1€) will be donated to the non-governmental organisation FUNDACION EMPRESA Y SOCIEDAD, domiciled in Madrid, Plaza Pablo Ruiz Picasso 1 (ImpactHub) (28020), and CIF G-81230872 being the responsibility of Zebrabox España to make said donation and to present the relevant supporting documents for its tax deductibility. That the amount donated is destined to the fulfilment of the specific purposes of Fundacion Empresa y Sociedad (Womanity project). That said amount is given as an irrevocable donation.

This Contract will have the term stipulated in its specific conditions.

Once said period has passed, it will be understood to have been automatically extended for successive periods, unless one of the Parties notifies the other in a verifiable way of their wish not to extend it.

There will be no tacit, automatic extension if the Client is not up to date with the payment of the price established in this Contract or with any other obligation, whether monetary or not, that is contracted with Zebrabox.

The notification must be made at least fifteen calendar days before the end date of the Contract or of any of its extensions. If not, the contracting party must pay the full price until the complete fulfilment of the term agreed in this Contract or its subsequent extensions.

The Client pays the sum shown in the invoice upon the signing of the Contract.

Once the initial term has been extended, the Client must pay Zebrabox, on the first day of each extension, the Price agreed in the renewed Contract.

The Client shall pay the Price to Zebrabox by any of the following payment methods; a) payment in cash, b) certified cheque, c) credit or debit card, d) Stripe, e) PayPal, f) direct debit, before the signing or on the date of the signing of the Contract.

For subsequent payments, the Client must pay them by direct debit from the account the Client indicates. Exceptionally, and with the authorisation of Zebrabox, other payment methods may be used, such as credit cards, bank transfer or cash, among others, with payments always being made on the first working day of each month.

If the Client terminates the Contract and vacates the Module before the end of the Contract or of any of its extensions after having made the necessary notification, Zebrabox shall refund the sum for the period paid in advance and not used. Said refund shall be made within a maximum period of 25 days from when the Module is vacated.

Zebrabox reserves the right to update the Price every December in accordance with the General Consumer Price Index published by the Spanish National Institute of Statistics or by any other body that replaces it. Said update must be notified to the Client at least 30 calendar days before the effective date of the update.

Zebrabox also reserves the right to change the Price and/or the terms and conditions at any time once a period of 6 months has passed since the signing of the Contract. Said change must be notified to the Client at least 15 calendar days before the effective date of the change. 

Once the change has been notified in accordance with the provisions of the above paragraph, the Client may terminate the Contract by formally notifying Zebrabox in writing within a period of 15 calendar days from receipt of the notification. After exercising this right, the Client must pay Zebrabox all sums pending payment, without prejudice to any provisions relating to the removal of property by the Client from the space in question.

In guarantee of the obligations established in this Contract, at the time of the signing of the Contract the Client shall deliver the deposit stipulated in the specific conditions to Zebrabox, which shall be returned at the end of the Contract. Regarding this deposit, the Client expressly accepts that said deposit will not accrue any interest whatsoever.

Without prejudice to the above, Zebrabox may increase the amount of the deposit to be delivered by the Client up to a sum equal to the Price for the provision of the service for three months.

The return to the Client of the sum delivered as a deposit shall be made within a maximum period of 25 calendar days from the end of the Contract, if the Client has complied with all their obligations, both monetary and non-monetary. If the Client owes any sum to Zebrabox, said sum will be deducted from the deposit.

Without prejudice to the above, Zebrabox reserves the right not to return the deposit in the following cases:

  1. When the Client, at the end of the Contract, or at any other time the Client is required to do so by Zebrabox in accordance with the provisions of this Contract, does not remove their property from the Module and does not make it available to Zebrabox.
     
  2. When the Client, after having breached its payment obligations and having been requested to make payment by Zebrabox, pays the owed sums but has occupied the Module for a longer period of time since said request, stating their intention not to retain the Module.
     
  3. When there is damage in the Module or in the Centre caused by the Client.
     
  4. When the Client has not notified their rejection of the automatic extension in time before the end date of the Contract or of any of its extensions, and has not paid the full price until the complete fulfilment of the term agreed in this Contract or its subsequent extensions.

The Client shall only use the Module for the storage of property, and any other kind of use or activity other than storage is strictly prohibited. In particular, the Client shall refrain from establishing their registered office or private residence at the address of the Module, and from providing said address in their commercial or private correspondence, and providing it for any registry, authority or public or private office.

The Client declares that it owns the property or has obtained the prior explicit permission of its owner to store it in the Module, in which case the Client must, upon request by Zebrabox, present proof of the ownership of the property, identifying the owner by their name, surname(s), company name, tax number or company tax number and full address.

The Client may not put or store the following items in the Module: food or liquids not adequately packaged, animals (alive or dead), plants, gases (pressurised or not), paint, petrol, vehicles or motorised equipment with more than five litres in the fuel tank, oils, solvents, weapons, military objects or material of any kind, explosives, biological agents, toxic waste, asbestos, or any combustible objects, materials or substances, fuel, flammable, chemical, radioactive, potentially dangerous or harmful objects, materials or substances, that emit smoke or smells, drugs or psychotropic substances, illegal or illegally obtained substances, identity documents, passports, mobile phones, cash, shares, bonds, debentures, gemstones or jewels of any kind.

Without prejudice to the above, if at any time Zebrabox considers that any stored object or item is not suitable, for any reason whatsoever, to remain in the rented Module, it will notify the Client, who undertakes to remove it immediately, and within a maximum period of 24 hours.

The Client shall check the suitability of the Module to store their property, and shall place them in a way that maintains an even balance, that does not damage the walls, ceiling or floor, and that does not impede the use of the water mains, telecommunication lines, security systems, the power supply, fire detection or ventilation. The Client may not leave property or waste in other Modules, or in the communal areas of the Centre.

From the date of non-payment or delay in the payment of any sum accrued by Zebrabox in accordance with this Contract, Zebrabox may suspend the Client’s access code to the building or area where the Module covered by the Contract is located, and may also lock the opening of the Module and suspend the insurance coverage of the property that the Client has stored in the Module.

The non-payment or delay in the payment of any sum accrued by Zebrabox in accordance with this Contract will generate, from the same date on which the return or refusal of the payment by direct debit, or from the 10th day of delay in all other cases, an additional charge of €20, plus VAT/Canary Islands General indirect tax (IGIC).

From this moment, Zebrabox will request payment of the owed sums from the Client, by e-mail, SMS or WhatsApp, warning the Client of the consequences provided in the following sections.

  1. From the 30th day of delay in payment, the Client will be notified of the termination of the Contract and Zebrabox will retain the sum delivered as a security deposit against the pending debt.
     
  2. After the 40th day, the Client expressly authorizes Zebrabox to move the deposited property to another location of its choice or give said property to charitable organizations, leaving the Module unoccupied for any use that Zebrabox deems appropriate. In this case, the opening of the Module will be recorded on video. In the event of the removal of the property to another location due to non-payment, Zebrabox will accrue double the rent agreed in the Contract terminated due to non-payment. The Parties agree, regarding the removal referred to in this section, that the Client may not hold Zebrabox responsible under any circumstances for any damage suffered by the property due to its removal from the Module, which shall be understood as performed at the expense and risk of the Client.
     
  3. In addition, after eight weeks have passed since notification to the Client of the removal of the property to another location without said property being claimed (if this is the case), the Client expressly accepts to consider said belongings abandoned, expressly authorizing Zebrabox so that it can, at its complete discretion, dispose of the property by notarial auction or sale to a company that buys and sells second-hand objects, retaining the obtained sum as payment for the delayed rent, with all the costs incurred as a consequence of the disposal being at the expense of the Client, including fees, auction costs and commissions. The resulting balance, if positive, will be retained by Zebrabox and the Client may not claim any sum for this disposal, as the Client has accepted that the belongings have been abandoned. Also, if it is not possible to dispose of the property, or if the market value is insufficient, Zebrabox will be definitively released from any duty of care of the property, and may do whatever it deems most convenient with the property, including destroying it, which will also be at the expense of the Client.

The Client undertakes to:

  1. Use the Module and the other facilities of the Centre with due care and diligence.

  2. Be aware of the rules for the use and access to the Module and Centre,

  3. Use the Module as established in clause seven of this Contract,

  4. Put only one padlock on the door of their module,

  5. Accept liability for any damage, injury or faults caused by them or relating to the stored belongings, both in the Module and in the Centre, except those arising from normal wear and tear,

  6. Inform Zebrabox with due diligence of the appearance of any damage in the Module or the Centre,

  7. Pay the cost of the repair of any possible damage, injury or faults that are attributable to the Client within a period of one week from the claim by Zebrabox for said cost. This sum may be deducted from the security deposit once said period has elapsed. If the security deposit is not sufficient to cover the aforementioned cost, Zebrabox will request that the Client pays the relevant sum within a period of one week from receipt of the claim. If said period of one week passes and the Client has not paid the claimed sum, then the provisions contained in General Condition VIII will be applicable to the owed sums,

  8. Adopt all necessary measures to store the property in the Module in accordance with all the instructions given by Zebrabox concerning health and safety, fire prevention and, in general, access to the Centre,

  9. Leave a space inside the Module of at least 60 centimeters between the property and the Module’s lighting and fire protection equipment,

  10. Strictly comply with the rules of conduct regarding personal security in the Centre, such as the use of forklifts, loading equipment, etc.,

  11. The Client must put the property in the Module him/herself and organize/arrange it him/herself, accepting responsibility for its delivery, loading and unloading,

  12. Use the handling and unloading equipment available in the Centre to facilitate the placement of the property inside the Module, expressly accepting that the Client is the sole person responsible for the use of the aforementioned equipment.

  13. Not commit, facilitate or prepare criminal actions inside or outside the Centre, or use or allow the Module to be used to store materials that encourage or enable said actions.

Zebrabox guarantees the Client free access to the area, warehouse or building where the Module is located and to the Module itself during business hours and under the terms and conditions established in accordance with the conditions stipulated in this Contract. It is an essential condition for free access that the Client is up to date with payment of the Price.

For the purposes of facilitating access to the Centre, Zebrabox shall provide the Client with an electronic or magnetic code. Zebrabox does not accept responsibility for the use that the Client makes of the code or that third parties make of the code with or without the knowledge of the Client.

The Client, apart from exceptional cases, will not be authorised to enter the Centre or the Module outside of the business hours provided in Annex I, which is attached as an integral part of this Contract, which may be changed by Zebrabox after giving prior notice to the Client of at least 7 calendar days. The Client will have a period of one week to, if they wish, terminate the contract and pay the sums owed to Zebrabox.

The Client must put a padlock on the door of the Module, using a model as specified by Zebrabox, taking responsibility for its purchase and installation. The Client also exclusively assumes custody of the key to the padlock, accepting responsibility for its loss and possible use by third parties.

In addition, the Client authorises Zebrabox to enter the Module in any of the following cases:

  1. At the request of the competent legal or administrative authorities, especially the police and fire emergency services, with no need to give notice to the Client,
  2. In urgent situations that could lead to damage to the Module or to the Centre and its content in general, with no need to give notice to the Client,
  3. In situations where it is necessary to carry out repairs or renovations, giving 1 week’s notice to the Client and giving them the opportunity (voluntary) to be present for the visit. All the above without prejudice to the fact that if the Client is not present for said visit, the Client exempts Zebrabox from any liability for any damages or losses that might occur,
  4. In the event of non-payment of the Price.
  5. In the event of termination of the Contract due to a breach attributable to the Client, with no need to give notice to the Client.

 

The Client has been informed of the possible use of the Centre for training and control sessions with trained dogs by local and national police forces in order to ensure compliance with current legislation.

The Client agrees to insure and keep the goods insured throughout the duration of the Contract by means of: (i) adherence to the Insurance Policy with the company proposed by Zebrabox; and, if applicable, (ii) the Client's subscription to an Insurance Policy that covers all risks to which the goods are exposed, particularly risks caused by fire, explosion, water, smoke, and similar risks, as well as civil liability. To this end, the Client declares:

  1. That they adhere to the Insurance Policy with the company proposed by Zebrabox, at its minimum coverage, with a premium of four euros (€4.00), without prejudice to the provisions for the case of variation in the value of the goods. The conditions under which this Insurance Policy is governed are set out in annex II, which forms an integral part of this Contract; and


 

  1. That they expressly consent to and accept the extension of this minimum coverage and, therefore, the increase in the premium provided for in section a. above, if the actual value of the goods exceeds the value of the minimum coverage, paying at the signing of this Contract the amount provided in the form signed by the Client as a premium for adherence to the Insurance Policy with the company proposed by Zebrabox throughout the duration of the Contract, without prejudice to the provisions for the case of variation in the value of the goods; and/or


 

  1. Whether they have or have not contracted an Insurance Policy that covers the risks provided in this section with the insurance company of their choice, providing a copy of it to Zebrabox, along with a statement confirming that the Client is up to date with the payment of the corresponding premiums for this Insurance Policy.


In the case of section b. above, the failure to pay the premium for adherence to the Insurance Policy will result in the immediate suspension of the additional coverage contracted. The Client declares that the amount stipulated in the attached document is the actual value of the goods, without seeking or accepting advice from Zebrabox, which would never be competent, and furthermore, undertakes to:

  1. Limit the declared value to a maximum of 25,000 euros for all purposes of this Contract, even if the Client estimates that the actual value is higher;


 

  1. Communicate to Zebrabox any variation in the value of the goods, so that such variation can be reflected in the Insurance Policy and in the amount that the Client must, if applicable, pay as a premium for the extension of the Insurance Policy coverage; and


 

  1. In the event that they have committed to subscribing to an insurance policy with the insurance company of their choice and there is a variation in the value of the goods, communicate this variation to the Insurance Company so that it can be reflected in the Insurance Policy. Likewise, the Client must inform Zebrabox in writing of the variation in the value of the goods.

The Client will be fully and exclusively responsible for:

  1. The care and custody of the property and for all the damage that it could suffer, including its deterioration, loss or theft, and even in the event of negligence by Zebrabox.

  2. All damage caused by the Client or by the property stored in the Module to any person or object located in the Centre, or to the Centre itself.

The breach by either of the Parties of the obligations arising from the Contract will entitle the other Party to terminate it, without prejudice to their right to demand compensation for any damages and losses that have occurred. Zebrabox may terminate the Contract in, but not limited to, the following circumstances:

  1. Non-payment of the Price.

  2. Placement or storage of property not allowed by virtue of this Contract.

  3. Breach of the provisions relating to the use and maintenance of the Module and access to the Module.

  4. Breach of the insurance obligations.


Without prejudice to the provisions relating to the non-payment of the Price that will govern in accordance with clause eight, Iuris Capital Services (or Zebrabox) may only terminate the Contract if:

  1. It first requests in writing to the Client that the Client rectify the breach, and

  2. The Client does not rectify the breach within a period of one week from the date of receipt of the request.


The Parties hereby agree that if due to a cause attributable to the Client the Contract must be terminated, Zebrabox will retain the sum of the security deposit as compensation for the termination of the Contract, without prejudice to Zebrabox’s right to demand, by all legal means, the payment of the Price and all other sums in accordance with this Contract, and to make the relevant claim for possible damages and losses.

The Client must have removed all the property from the Module on the end date of the Contract. If on the end date of the Contract the Client has not removed all the property from the Module, the Client must pay a penalty of 5% of the Price for each day that passes until the Client removes the property. In this situation and without prejudice to the application of the above penalty, the Client expressly authorizes Zebrabox so that it can act in accordance with the provisions of clause eight (removal, auction, destruction), after four weeks have passed from the end date of the Contract.

Although normally Zebrabox does not take responsibility for deliveries and/or collections in the absence of the Client, it may provide this service in the following circumstances:

  1. Zebrabox will only offer this service occasionally during its business hours, and in all instances Zebrabox reserves the right to decide whether to provide it or not on a case-by-case basis,

  2. To do this, Zebrabox will use a locked module protected by the alarm system and different from the Client’s Module, which it will not enter at any time whatsoever, except in accordance with the provisions of clause ten.

  3. The Client shall give 24 hours’ notice during Zebrabox business hours of the arrival of a planned delivery in their absence and shall pay the standard Zebrabox price for a 1m2 module multiplied by the space occupied by the delivery until removed by the Client from the second day after the delivery; the entity that accepts the delivery for all relevant purposes is the Client, and never Zebrabox.

  4. The Client shall prepare 24 hours in advance during Zebrabox business hours the collection of a planned delivery in their absence and shall pay the standard Zebrabox price for a 1m2 module multiplied by the space occupied by the collection prepared by the Client from the first day after any failed collection; the entity that carries out the collection for all relevant purposes is the Client, and never Zebrabox.

  5. Zebrabox shall limit itself to opening said module so that the Client’s carrier can deliver or collect the Client’s property at their own expense and risk, and under no circumstance will Zebrabox participate or intervene in the handling of this property.

  6. The property delivered or collected in this service will at all times be considered as property stored by the Client at their own expense and risk in their own Module, with its own insurance coverage in accordance with the provisions of this Contract, and the Client declares that Zebrabox does not have this deposited property under its custody at any time and that Zebrabox has no liability whatsoever in the event of lost property, damages or losses, even in the event of negligence by Zebrabox.

The Client may not assign their contractual position to third parties under any circumstances whatsoever.

The Parties indicate the addresses and telephone numbers that appear in the specific conditions for the purposes of any notification that the Parties need to make. The Client must inform Zebrabox of any change in their address or registered office and of any changes to contact telephone numbers, providing the new information within a maximum period of one week from the date of the change. Zebrabox must inform the Client by any effective means of any change in its registered office or other circumstance whenever this affects the operation of the provided service. Any notifications that cannot be made due to a cause attributable to the Client will not affect Zebrabox and, in particular, will not hinder the implementation of the procedures established in the clauses contained in this Contract.

This Contract shall be governed and interpreted in accordance with Spanish law. The Parties define this Contract as an atypical service Contract, covered by the principle of free will established in article 1,255 of the Spanish Civil Code.

The Parties mutually agree that this Contract will firstly be governed by the agreements established herein, which, provided they are not contrary to law, will invalidate any legal regulation on matters regulated by said agreements.

The agreements contained in this Contract are expressly excluded from the scope of application of the 29/1994 Act of 24th November on Urban Leasing, and from the contents of the Spanish Civil Code related to leasing contracts and storage contracts.

For all questions that might arise regarding the validity and interpretation of this Contract, the Parties submit to the jurisdiction and authority of the courts of Barcelona, with express waiver of any other jurisdiction to which they may have recourse. In the event of the nullity of any clause of this Contract, said nullity will not affect the validity of the remaining clauses. In such a case, the Parties expressly undertake to negotiate the replacement of said invalid clause with another with a similar meaning as quickly as possible.

For due compliance with the provisions on personal data protection of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27th April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation - GDPR), and with Organic Law 3/2018 of 5th December, on the Protection of Personal Data and Guarantee of Digital Rights, for the implementation and transposition of the GDPR in Spain, the Parties declare that:

To manage this contract, the Client expressly CONSENTS to their personal data and any other necessary personal data being processed by Zebrabox.

The Client CONSENTS to: the processing of their data so that Zebrabox can send the Client communications and additional information about its services and activities that are not directly related to this contract.

The Client states that the data and documents that contains said data that the Client provides to Zebrabox for the performance of the contract are true and have been obtained legally.

The legitimate purposes of the processing of the personal data are to correctly provide the self-storage rental (box) service and related and complementary services to its CLIENTS, and to track and archive CLIENT records. If consent has been given, another legitimate purpose is the sending of communications and additional information about Zebrabox’s services and activities that are not directly related to this contract.

The legal grounds for the processing is the contractual relationship that is established through this contract and compliance with the legal obligations arising from it. If express consent has been given, this authorises the sending of communications and additional information about Zebrabox’s services and activities that are not directly related to this contract.

The personal data provided by the Client may be disclosed in communications and ancillary documents to Public Administrations as required for the compliance of the contract in question, and to other professionals who are required or requested to intervene.

The Client has the rights recognised in the General Data Protection Regulation to access, rectify and erase data, request their portability, object to their processing and request its restriction.

The Client also has the right to access their personal data and obtain a copy of the personal data subject to the processing and update them, and to request the rectification of any inaccurate data and, if appropriate, request their erasure when, among other reasons, the data are no longer required for the purposes for which they were collected. In certain circumstances provided for in article 18 of the GDPR, data subjects may request the restriction of the processing of their data, in which case they will only be retained in order to correctly provide the self-storage rental (box) service and related and complementary services to CLIENTS. As a consequence of the application of the right to erasure and objection to the processing of personal data in the online environment, data subjects have the right to be forgotten according to the case law of Court of Justice of the EU. The Client may object to the processing of their data for marketing and advertising purposes.

The Client may exercise their rights by writing to the following addresses (if they are different from the addresses for the purposes of notifications indicated in Clause 17):

  • By writing to the following postal address:
  • C / Laurea Miro 375. Sant Feliu de Llobregat (Barcelona)
  • By email to the following email address: clientes@zebrabox.es

 

If the Client considers that their rights have not been dealt with correctly, the Client has the right to submit a complaint to the Spanish Data Protection Agency, whose contact details are:

 

The undersigned hereby agree upon email as the preferred means of communication for the execution of the work, without prejudice to the option of using other means, with the Client being aware of and accepting, under their responsibility, that emails can have faults or vulnerabilities.

The Client also explicitly accepts being displayed and recorded by the closed-circuit television system that Zebrabox has installed and operates at its Centers. The Client also authorizes Zebrabox to disclose data to the police services in the event of an investigation.

And in witness whereof, the Parties sign this Contract in duplicate in the place and on the date indicated at the beginning.


The terms & conditions in English are drafted for convenience reasons. The Spanish version is prevailing.