Terms & Conditions

STANDARD SELF STORAGE LICENCE AGREEMENT – TERMS AND CONDITIONS
1. Definitions and Interpretation
“Access Hours” means the hours during which the Facility Owner permits the Licensee to access the Unit from time to time in accordance with these terms and conditions. The applicable hours will be those displayed at the Flexibox Self Storage facility in Arrentela, Portugal, unless extended access hours have been selected.

“ACP” has the meaning given to it in the Standard Self Storage Licence Agreement.

“Business Day” means any day (other than Saturday, Sunday or a public holiday) on which banks are generally open to the public in Lisbon.

“Returned Cheque Fee”, “Cleaning Fee” and “Deposit” mean the respective amounts specified in the Standard Self Storage Licence Agreement and, where applicable, payable by the Licensee to the Facility Owner.

“Facility” means a Flexibox Self Storage facility.

“Facility Owner” means Vaxro LDA t/a Flexibox Self Storage, including its employees, agents, service providers and assignees.

“Fee(s)” means any or all fees payable by the Licensee to the Facility Owner, including the Deposit, Storage Fee and, where applicable, Repair, Cleaning, Returned Cheque and Late Payment Fees.

“Goods” means all goods or property stored by the Licensee in the Unit.

“Late Payment Fee” means the fee specified in the Licence Agreement and payable under Clause 7.

“Licence” means the licence granted to the Licensee under Clause 2. “Licence Period” and “Notice Period” have the meanings given in the Licence Agreement. “Padlock” means the padlock used to secure the Unit.

“Repair Charges” means all costs of repairing the Unit or Facility reasonably attributable to the Licensee and/or their Agents.

“Replacement Value” means €1,000.00, representing the full replacement value of the Goods.

“Licensee”, “Storage Fee(s)”, “Standard Self Storage Licence Agreement”, “Termination Date” and “Unit” have the meanings defined in this Licence Agreement. Pasted text

2. During the Licence Period, provided all Fees have been paid in full and the Licensee is not in default, the Licensee is granted a licence to store the Goods exclusively in the Unit, or in another unit allocated to them by the Facility Owner.

3. Subject to Clause 9 and regardless of termination of the Agreement, the Licensee: (i) is at all times deemed to know the Goods contained in the Unit; and (ii) warrants that they own the Goods and/or are legally authorised to deal with them as agent of their owner.

4. Unless otherwise provided, the Facility Owner: (i) does not know and is not deemed to know the Goods; (ii) does not act as bailee, custodian or warehouse keeper of the Goods; (iii) does not take possession of the Goods; and (iv) does not grant the Licensee any tenancy or right of occupation of the Unit. Pasted text

COSTS
5. The Licensee shall pay the Deposit upon signing. The Deposit, less any amounts due for unpaid Fees or breach of the Agreement, will be refunded by cheque or electronic transfer within 21 (twenty-one) Business Days after termination of the Agreement.

6. It is the Licensee’s responsibility to ensure that all payments are made directly to the Facility Owner, on time and in full. Payments by bank transfer will only be credited when properly identified. The Facility Owner shall not be responsible for unidentified or incorrectly identified payments. If the Licensee has more than one agreement, all agreements may constitute a single account and the Facility Owner may apply any payment to the oldest outstanding debt.

7. In consideration for the Licence, the Licensee shall pay: (a) the Storage Fee in advance on the first day of each Licence Period; (b) the Returned Cheque Fee where a payment is refused; (c) Cleaning or Repair Fees in accordance with Clause 27; (d) the Late Payment Fee whenever a Fee is not paid by its due date; (e) reasonable collection and enforcement costs, including postage, telephone, inventory, debt collection, staff and legal/professional fees; and (f) applicable taxes or public charges, including VAT.

8. All Fees and charges are inclusive of applicable VAT unless otherwise stated. Pasted text

LIEN AND POWER OF SALE OVER THE GOODS
9. Without prejudice to any other rights or remedies, the Facility Owner shall have a lien and power of sale over the Goods in respect of the Fees and all other costs and expenses charged under or in connection with this Agreement (the “Debt”).

10. If any Fee is not paid by its due date, the Licensee irrevocably authorises the Facility Owner, without further notice, to: (a) refuse access to the Goods, Unit and Facility and additionally secure the Unit until payment is made in full; (b) enter the Unit to protect the Goods and charge reasonable costs; (c) retain the Goods until payment in full; and/or (d) offset the Deposit against any Debt.

11. If any Debt remains unpaid, or if the Goods are considered abandoned under Clause 15, the Facility Owner shall notify the Licensee in writing requiring immediate payment or collection of the Goods. If the Licensee does not comply within 10 (ten) Business Days, the Facility Owner may, without further consent or notice, sell by public auction, private treaty or other means, or dispose of, all or part of the Goods at such price and in such manner as it considers appropriate.

12. Nothing in this Agreement imposes responsibility for the Goods upon the Facility Owner or an obligation to account for loss or damage arising from the exercise, attempted exercise or non-exercise of its powers, to the fullest extent permitted by law.

13. No purchaser or third party shall be required to investigate whether the Facility Owner’s right to exercise the power of sale has arisen or whether that power has been properly exercised.

14. The Facility Owner may charge storage from the date the Debt becomes due until payment in full. If a Fee is not paid when due, the value of discounts and special offers, including free periods, shall become immediately payable.

15. Following expiry or termination of the Agreement, if the Licensee does not remove the Goods, or if the Goods are, in the Facility Owner’s opinion, unsaleable, remain unsold or are of insufficient value to justify the costs of sale, they may be treated as abandoned and sold or disposed of in accordance with Clause 11. Storage Fees shall continue to be payable until the Debt is paid in full.

16. Sale proceeds shall be applied first to disposal and other costs; secondly to the Debt; and finally any surplus shall be paid to the Licensee or other person entitled to it. If the proceeds are insufficient, the outstanding balance shall be paid within 7 days of written demand. Any surplus held on behalf of the Licensee shall not accrue interest.

17. If the Goods are damaged by fire, flooding or another event and, in the Facility Owner’s opinion, become seriously damaged, commercially worthless or dangerous, they may be disposed of without the notice specified in Clause 11. The disposal shall be confirmed in writing to the Licensee within 7 days.

18. Goods left unattended in common areas or outside the Unit may, without liability on the part of the Facility Owner and in accordance with applicable law, be moved, sold or disposed of after 30 days. Pasted text

ACCESS
19. During the Licence Period, the Licensee shall have access during the Access Hours displayed at the Facility. It is the Licensee’s responsibility to check for updates. The Facility Owner will endeavour to provide advance notice of changes but may temporarily alter the hours for reasonable periods without prior notice.

20. Only the Licensee or persons authorised in writing and controlled or accompanied by the Licensee (the “Agents”) may access the Unit. The Licensee is responsible for their own acts and those of their Agents. The Facility Owner may require proof of identity and refuse access to anyone who fails to provide satisfactory identification.

21. The Facility Owner may refuse access where Fees are outstanding or where it considers that the safety or security of any person, unit or goods is threatened or at risk.

22. Except in relation to their Agents, the Licensee shall not leave or provide a key to the Padlock or permit access to the Unit to any third party. Any access granted in breach of this provision is at the Licensee’s own risk.

23. The Licensee authorises the Facility Owner, its agents and service providers to enter the Unit and, where reasonably necessary, remove and replace the Padlock: (a) upon at least 7 days’ written notice for inspection, repairs or alterations; or (b) without prior notice in an emergency, for urgent repairs, prevention of damage, suspected Prohibited Goods or Prohibited Uses, compliance with the law or instructions from Portuguese police authorities, emergency services, the Portuguese Tax and Customs Authority, another competent authority or a court order, exercise of the lien, or for security reasons. Where possible, notice will be given following entry.

24. The Licensee is solely responsible for providing a secure padlock and ensuring that the Unit is properly locked when unattended. The Licensee must not attach a padlock to the Facility Owner’s locking mechanism; any padlock attached there may be removed at the Licensee’s expense. Where applicable, the Licensee must also close external gates and/or doors. Pasted text

25. The Licensee shall not store or permit the storage of: (a) food or perishable goods unless packaged so as not to attract pests; (b) living creatures; (c) combustible or flammable substances such as gas, paint, petrol, oil, solvents or compressed gases; (d) firearms, explosives, weapons or ammunition; (e) chemicals, radioactive materials, biological agents, toxic waste, asbestos or hazardous substances; (f) items emitting fumes or odours; (g) illegal or illegally obtained items, including counterfeit/smuggled tobacco or alcohol and unlicensed or unsafe goods; (h) environmentally harmful goods or goods that place third-party property at risk; and (i) irreplaceable goods such as currency, jewellery, furs, deeds, paintings, curiosities, works of art and items of sentimental value (each a “Prohibited Good”).

26. The Unit shall be used exclusively for storage. It is prohibited to: (a) use it as an office, accommodation, residence, business premises or postal address; (b) cause a nuisance, release substances/odours or generate noise/vibration perceptible outside the Unit; (c) carry out acts that invalidate insurance or increase insurance premiums; (d) paint, alter or attach objects to surfaces; (e) connect services/utilities without authorisation; or (f) cause damage or obstructions or leave objects/waste in common areas (each a “Prohibited Use”).

27. The Licensee shall keep the Unit clean and in good condition. In the event of dirt or damage, the Facility Owner may retain all or part of the Deposit, charge a Cleaning Fee and/or require full reimbursement of reasonable repair, replacement, restoration or waste disposal costs.

28. The Licensee and their Agents shall exercise reasonable care, respect the Facility and other users, immediately report damage or defects, and comply with instructions from the Facility Owner’s employees, agents and service providers and all other usage, safety and security rules.

29. The size of the Unit is approximate and may vary. The Licensee is responsible for checking its dimensions before signing. By signing, the Licensee accepts the stated dimensions.

30. This Agreement does not confer a right of exclusive possession. The Facility Owner may transfer the Licensee to another unit of no smaller size: (a) upon 14 days’ written notice, during which the Licensee may terminate the Agreement in accordance with Clause 44; or (b) on shorter notice where an incident requires closure of the Unit or area. In the event of a transfer, reasonable costs previously approved in writing will be borne. If the Licensee does not carry out the move, the Licensee authorises entry and removal of the Goods, with the Facility Owner acting as their agent and at their risk, without prejudice to damage caused intentionally or negligently and the limitations in Clause 34. The Agreement shall continue with the new unit number and the rate applicable to the original unit.

31. The Licensee must ensure that the Unit is suitable for the Goods and is advised to inspect it before the Start Date and periodically thereafter. The Facility Owner does not guarantee suitability for specific goods and accepts no liability arising from failure to inspect.

32. The Facility Owner may refuse storage or require removal of Goods whose storage, in its opinion, creates a risk to the health or safety of persons or property.

33. The Licensee shall notify the Facility Owner in writing of any change to their address, telephone number or email address, or that of the ACP, within 48 hours. The Facility Owner may contact the ACP regarding payment defaults and other matters relating to the Unit where the Licensee cannot be contacted, including for the purpose of obtaining access to the Unit. Pasted text

RISK AND LIABILITY
34. To the fullest extent permitted by law, the Facility Owner shall not be liable for loss or damage resulting from the inability of the Licensee or their Agents to access the Facility or Unit, regardless of the cause.

35. The Goods are stored at the Licensee’s own risk, and the Licensee assumes the risk of theft, damage and deterioration, except where caused by the negligence or breach of the Facility Owner. To the fullest extent permitted by law, liability for business losses, loss of profits or business interruption and for damage to the Goods above €100, regarded as the normal excess under a household insurance policy, is excluded. Nothing excludes liability that cannot legally be excluded, including death or personal injury directly resulting from the negligence or wilful misconduct of the Facility Owner.

36. Unless otherwise provided, the Facility Owner does not insure and is not responsible for insuring the Goods. It is a condition of this Agreement that the Goods remain insured by the Licensee against normal risks for an amount not less than the Replacement Value. The Licensee warrants adequate cover from the Start Date without interruption and that the aggregate value of the Goods does not exceed the Replacement Value. The Facility Owner does not provide insurance advice and reviewing insurance documents does not constitute approval of the cover.

37. The Licensee shall fully indemnify the Facility Owner against claims, liabilities, damages, reasonable costs and expenses, including legal and professional fees, arising from use of the Unit, the Goods, access to the Facility, breach by the Licensee or their Agents, or enforcement of this Agreement, to the extent permitted by applicable law.

38. The Licensee shall comply with this Agreement and all laws and regulations applicable to the use of the Unit, the Goods stored and the manner of storage. The Licensee shall be solely responsible for violations attributable to them.

39. If the Facility Owner has reason to believe that the Licensee is not complying with the law, it may take such measures as it considers necessary, including those provided for in this Agreement and/or contacting and cooperating with the competent authorities.

40. The Facility Owner shall not be responsible for delays, failures or losses resulting from circumstances beyond its reasonable control, including acts of God or force majeure, riot, strike, industrial dispute, accident, breakdown, fire, flooding, shortage of labour, materials or transport, electrical failure, threat or act of terrorism, environmental or health emergency, or entry, detention, seizure or confiscation of the Goods by a competent authority (“Force Majeure”). During a Force Majeure event, access to the Goods, Unit and/or Facility may be prevented. Pasted text

PERSONAL INFORMATION
41. The Facility Owner collects and processes personal data relating to the Licensee and its customers for record keeping, payments, communications and account management in accordance with applicable Portuguese data protection legislation, including the General Data Protection Regulation (GDPR) and Law No. 58/2019. Where legally permitted, data may be shared with credit reference agencies, fraud prevention organisations, professional associations, insurers or intermediaries. It may also be disclosed where necessary to comply with the law, enforce the Agreement, prevent fraud/crime, protect individuals or Facility security, or in connection with the sale/acquisition of a business or assets. Data subjects may exercise their rights through the contact details specified in this Agreement.

42. With the Licensee’s consent, the Data may be used for marketing and similar purposes, including information concerning the Facility Owner’s products or services. The Licensee’s choice is indicated on the first page of the Agreement. Pasted text

NOTICE
43. Unless email or SMS has been selected, notices shall be in writing and delivered by hand or sent by prepaid post. Where consent has been given for email or SMS, notices shall be deemed received: (a) upon hand delivery; (b) 48 hours after sending by ordinary post; or (c) one hour after sending by email or SMS.

Notices to the Licensee shall be sent to the contact details on the first page or the most recently provided details. If the Licensee cannot be contacted, notices may be sent to the ACP.

Notices from the Licensee to the Facility Owner must be sent to:

R. Joaquim de Carvalho 3 Lote 51
2840-166 Arrentela
Portugal. Pasted text

TERMINATION
44. Either party may terminate this Agreement by giving prior written notice equal to the Notice Period. In the event of illegal or environmentally harmful activity, or a remediable breach that is not remedied within 14 days after notification, the Facility Owner may terminate the Agreement with immediate effect, without prejudice to its other rights.

If the Licensee does not comply with the Notice Period, the Facility Owner may retain the Deposit and/or charge the corresponding Storage Fee. The Goods must be removed by close of business on the Termination Date and the Unit left clean and in good condition. Goods or waste left after that date may be disposed of as permitted by law.

All Fees and expenses due up to the Termination Date must be paid. If the Unit is empty, the Facility Owner may terminate the Agreement and notify the Licensee within 7 days.

45. Following the Termination Date, the Facility Owner shall inspect the Unit and notify the Licensee of any loss or damage as soon as possible and no later than 20 days thereafter. It may deduct the corresponding costs from the Deposit or require the Licensee to pay any additional amount where the Deposit is insufficient.

46. The Licensee’s liability for outstanding amounts, property damage, personal injury, environmental damage and legal obligations shall survive termination of the Agreement. Pasted text

GENERAL
47. The Facility Owner may, by written notice, change the Storage Fee and/or these terms and conditions (“Notice of Change”). Unless otherwise stated, changes shall take effect on the date specified in the notice. If the Licensee does not agree, they may terminate the Agreement, without additional charge for that reason, within 10 days and in accordance with Clause 44. Continued use of the Unit after that period shall be deemed acceptance of the changes, to the extent permitted by law.

48. This Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all previous representations, communications, negotiations and understandings. Any waiver of rights must be in writing and shall not constitute a future waiver. Nothing in this Agreement creates a partnership, joint venture or agency relationship between the parties.

If any provision is invalid or unenforceable, it shall be severed to the extent necessary, with the remaining provisions continuing in effect. The Licensee may not assign, subcontract or transfer their rights or obligations without authorisation. Where there are two or more Licensees, each assumes the obligations and is separately liable to the Facility Owner.

49. This Licence Agreement shall be governed by Portuguese law, and any dispute or claim shall be determined by the competent Portuguese courts. Pasted text

INSURANCE AGREEMENT – IF AGREED
50. If the Licensee requests that the Facility Owner facilitate insurance for the Goods, the Facility Owner shall maintain the cover during the Licence Period in accordance with the insurance summary provided. The cover shall correspond to the declared Replacement Value.

The Facility Owner does not value the Goods; it is the Licensee’s responsibility to ensure that the cover is adequate. In the event of a potential claim, following written instructions and receipt of complete information from the Licensee, the Facility Owner shall notify the insurer as soon as reasonably possible. The Licensee shall provide all requested information and evidence.

Any amount received from the insurer in respect of the Goods shall be paid to the Licensee, less any outstanding Fees. The Facility Owner’s liability shall be limited to amounts actually recovered from the insurer, to the extent permitted by law.

If insurance charges are not paid, the facilitated insurance cover shall cease immediately on the due date.

PARKING TERMS & CONDITIONS

The Owner and its agents (The Management) or agents’ employees shall not be liable for any loss of or damage to any motor vehicle or any other property placed or parked in the car park due to any cause whatsoever, including without limitation, theft, damage or other misdemeanor to vehicles while parked in the car park. All motor vehicles parked on the campus are parked entirely at the user’s risk.

The user of a motor vehicle in the car park must bear all liability for and indemnify The Management against any damages to any property and/or injuries to persons which is caused by the user’s motor vehicle or by such user’s control or management of the motor vehicle.

Vehicles are parked at the owners’ risk. The Owner and The Management cannot be held responsible for any loss or damage to any motor vehicles or any other property placed or parked in the car park due to any cause whatsoever.

Customer acknowledges that he/she has read and understands the provisions of the above terms and conditions and agrees to comply with its requirements.