Terms
1. General
Mind Hill UG (haftungsbeschränkt), Alte Landstr. 243, 22391 Hamburg, Germany ("Stororama"), operates the online platform www.stororama.com (the "Platform"). The Platform enables registered users ("Users") to rent out or rent private storage spaces and storage rooms (each a "Storage Space"). For this purpose, Users who want to rent out their Storage Space ("Hosts") can create listings on the Platform. Users who want to rent a Storage Space ("Renters") can complete the rental on the Platform. The Platform also provides information to registered and non-registered Users.
2. Platform User Agreement
- (1) Registering on the Platform, which requires fully completing and saving the information in the personal Platform account, creates a Platform User Agreement between the User and Stororama. All information provided must be complete and accurate. Any changes to this information must be updated in the personal Platform account without delay.
- (2) There is no entitlement to enter into a Platform User Agreement. A Platform User Agreement can only be concluded with persons who have unlimited legal capacity. Persons with limited or no legal capacity may not register on the Platform.
- (3) Stororama only provides the Platform and enables the search for, and booking of, Storage Space listings. Stororama is not the provider of the Storage Spaces offered on the Platform and does not advise Users on creating or selecting the listings published on the Platform.
- (4) Use of the Platform is free of charge for Users.
- (5) Stororama is entitled to have its services performed by third parties.
- (6) Stororama may collect, process and use Users' data in accordance with the Privacy Policy.
- (7) Use of the Platform is permitted for private purposes only. The Platform may explicitly not be used for fraudulent or false rentals or listings.
- (8) Stororama reserves the right to exclude Users from using the Platform and/or to block or delete their listings if Users misuse the Platform or if they and/or their listings violate these Terms & Conditions or applicable law.
- (9) Stororama makes every effort within its power to keep the Platform operating at all times and as fully as possible on all devices. However, Stororama may restrict the Platform's availability where necessary due to maintenance work or other reasons. Accordingly, continuous one-hundred-percent availability of the Platform cannot be guaranteed.
- (10) Stororama reserves the right to change or adapt the structure and functionality of the Platform at any time without Users' consent.
- (11) The Platform User Agreement is concluded for an indefinite period. Both the User and Stororama may terminate the Platform User Agreement at any time. Stororama reserves the right to discontinue operating the Platform without Users' consent. Such a discontinuation is equivalent to termination of the Platform User Agreement by Stororama.
- (12) Should third parties assert claims against Stororama arising from a User's use of the Platform (e.g. due to trademark, competition-law or copyright infringements), the relevant User shall indemnify Stororama against such claims upon first request.
3. Booking Storage Spaces
- (1) By submitting the completed rental form, the Renter makes a binding offer to enter into a Rental Agreement for non-residential use with the Host for the relevant Storage Space, as well as a binding offer to enter into a Service Agreement with Stororama. There is no entitlement to the conclusion of either agreement.
- (2) The following conditions apply to the Rental Agreement:
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- i. The Rental Agreement is concluded exclusively by electronic means via the Platform.
- ii. The Host warrants that they are authorized to rent out the Storage Space they are offering.
- iii. The Host accepts the Renter's offer to conclude the Rental Agreement by not rejecting that offer on the Platform at the latest 24 hours before the start of the rental. Acceptance may also occur earlier.
- iv. The Rental Agreement is concluded directly between the Renter and the Host. Stororama is at no point a party to the Rental Agreement.
- v. The Rental Agreement is expressly concluded for non-residential purposes. If the Renter specifies an end date in the request, a fixed-term Rental Agreement is created. Otherwise, an open-ended Rental Agreement is created.
- vi. Both the Host and the Renter authorize Stororama to receive and issue declarations of intent on behalf of, and for the account of, the Host and the Renter respectively. Stororama may only exercise this right where it is directed at the other party to the Rental Agreement, relates to the Rental Agreement, and corresponds to what the Host or Renter actually intended. The time a declaration of intent is deemed delivered is the time the relevant message is received on the respective email server.
- vii. The Host grants Stororama a limited collection authorization, to which the Renter hereby agrees. This authorization is limited exclusively to receiving the Renter's payments via the payment service provider (PayPal (Europe) S.à r.l. et Cie, S.C.A., Terms: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full). Stororama is only obliged to pay the Host once the Renter's relevant payment has been finally received, and only up to the amount of that payment. If Stororama fails to make a payment to the Host that it is obliged to make, the Host may pursue a claim exclusively against Stororama, and not against the Renter.
- viii. Both the Renter and the Host reserve the right to withdraw from the Rental Agreement up to 24 hours before the agreed rental start. Withdrawal must take place on the Platform. In the event of withdrawal, both the Host and the Renter waive any claims for damages or other claims against the other party to the Rental Agreement.
- ix. A fixed-term Rental Agreement ends automatically at the agreed end date.
- x. An open-ended Rental Agreement can be ended on the Platform by either the Renter or the Host, effective at the end of the respective rental month. By doing so, the Host or Renter makes the other party a binding offer to conclude a rental termination agreement. The other party already declares acceptance of this offer upon conclusion of the Rental Agreement. The rental termination agreement is subject to the condition precedent that the Renter collects the stored items. If this does not happen by the end of the final rental month at the latest, the Rental Agreement continues.
- (3) The following conditions apply to the Service Agreement:
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- i. The Service Agreement is concluded exclusively by electronic means via the Platform, between the Renter and Stororama.
- ii. Stororama accepts the offer to conclude the Service Agreement through conduct, by not rejecting the Renter's offer.
- iii. The term of the Service Agreement matches the term of the Rental Agreement.
- iv. If a fixed-term Rental Agreement was concluded, the Service Agreement ends automatically at the agreed end of the Rental Agreement. If an open-ended Rental Agreement was concluded, the Service Agreement is ended by a termination agreement effective at the end of the respective rental month. If the Rental Agreement is terminated by the Renter, the Renter simultaneously makes Stororama an offer to conclude the corresponding termination agreement for the Service Agreement. If the Rental Agreement is terminated by the Host, Stororama makes the Renter an offer to conclude the corresponding termination agreement for the Service Agreement. The Renter and Stororama already declare acceptance of the offer to conclude the termination agreement for the Service Agreement upon conclusion of the Service Agreement.
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v. Right of withdrawal for consumers
Since Renters can regularly be expected to rent Storage Spaces on Stororama for private purposes, Renters are to be classified as consumers within the meaning of Section 13 of the German Civil Code (BGB). The following provisions therefore apply to Renters:
Withdrawal notice
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day the contract was concluded.
To exercise your right of withdrawal, you must inform us (Mind Hill UG (haftungsbeschränkt), Alte Landstr. 243, 22391 Hamburg, Germany, Email: info@stororama.com) of your decision to withdraw from this contract by means of a clear statement (e.g. by post or email). You may use the model withdrawal form below, although it is not mandatory.
To meet the withdrawal deadline, it is sufficient to send your notice of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs, without undue delay and at the latest within fourteen days from the day we received your notice of withdrawal from this contract. For this reimbursement, we will use the same means of payment you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. -
If the service was provided at your request during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of services already provided up to the point at which you notify us of your exercise of the right of withdrawal regarding this contract, compared to the total scope of services provided for under the contract.
Model withdrawal form
To:
Mind Hill UG (haftungsbeschränkt)
Alte Landstr. 243
22391 Hamburg, Germany
Email: info@stororama.com
I/we hereby give notice that I/we withdraw from my/our contract for the provision of the following service:
This service was ordered on:
This service was received on:
Name of consumer(s):
Address of consumer(s):
Date:
Signature of consumer(s) (only if notified on paper)
- vi. If the Renter exercises their right of withdrawal and the Rental Agreement has already come into existence at the time of withdrawal, the Renter simultaneously makes the Host a binding offer, together with the withdrawal, to conclude a rental termination agreement. The Host already declares acceptance of this offer upon conclusion of the Rental Agreement. If the Renter exercises their right of withdrawal and no Rental Agreement has yet come into existence at the time of withdrawal, the Renter simultaneously withdraws their offer to conclude the Rental Agreement.
4. Payment
- (1) The obligation to pay arises only for the Renter, and only upon booking a Storage Space.
- (2) All total rental prices shown on the Platform are final prices. Each total rental price consists of the rental price for the Storage Space as set by the respective Host, plus Stororama's service fee. The total rental prices include the VAT due on Stororama's service fee.
- (3) Depending on the Host's settings, the total rental prices correspond to a price per square meter or a price per total area. Depending on the type of storage, the total prices correspond to a price per day or per month. The relevant information is included in the listing description.
- (4) Payment is processed via a payment service provider (PayPal (Europe) S.à r.l. et Cie, S.C.A., Terms: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).
- (5) For long-term storage, payment is taken on the first day of the rental. Payment then repeats at monthly intervals for the duration of the Rental Agreement and the Service Agreement.
5. Stororama's Liability
- (1) Stororama assumes no liability for the accuracy, completeness, reliability or credibility of the content and/or listings posted by Users on the Platform.
- (2) By accepting the authorizations referred to above, Stororama assumes no liability for the acts or omissions of the Host or the Renter.
- (3) Stororama is liable without limitation for intent and gross negligence. For slight negligence, Stororama is only liable for breach of material contractual obligations (cardinal obligations) that are essential to achieving the purpose of the relevant contract. Damage to life, body or health remains unaffected by the foregoing limitations of liability.
6. The Following May Not Be Stored
- (1) Perishable goods, such as food
- (2) Poison & chemicals
- (3) Highly flammable materials
- (4) Contaminants & radioactive substances
- (5) Explosives, weapons & ammunition
- (6) Living creatures
- (7) Items that are illegal under applicable law
7. Miscellaneous
- (1) Stororama reserves the right to amend these Terms & Conditions at any time, provided this is reasonable for Users and does not unreasonably disadvantage them. Users will be informed of the changes by email two weeks before they take effect. If Users do not object within two weeks of the announcement of the change, the amended Terms & Conditions are deemed accepted by the Users. This will be pointed out again when the change is announced.
- (2) Should individual provisions of this agreement be or become invalid or unenforceable, either now or after the agreement is concluded, the validity of the remainder of the agreement shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effect comes as close as possible to the economic objective the parties pursued with the invalid or unenforceable provision. The foregoing applies accordingly if the agreement turns out to contain a gap.
- (3) The laws of the Federal Republic of Germany apply, excluding the UN Convention on the International Sale of Goods (CISG). To the extent legally permissible, the place of performance for the mutual obligations arising from the Platform User Agreement and the Service Agreement is Stororama's registered office.