STORAGE SPACE:meansany type of space that can be made available by a lessor.
SERVICE SUPPLIER: the company MISLAGER.COM
THE WEBSITE: the Internet site published and put on line by the company MISLAGER.COM
USER:any natural person (individual) or legal entity (professional) who browses the site www.mislager.ch
LESSEE:any natural person (individual) or legal entity (professional) who reserves a storage space via the website www.mislager.ch and who becomes a client of the company MISLAGER.COM.
LESSOR:any natural person (individual) or legal entity (professional) who offers storage space via the site www.mislager.ch exchange for payment.
The SERVICE SUPPLIER makesavailable an online platform intended to enable contact between, on the one hand, natural persons (private individuals) or legal entities (professionals) wishing to rent a storage space (here in after referred to as the LESSORS) and, on the other hand, natural persons (private individuals) or legal entities (professionals) wishing to rent a storage space (here in after referred to as the LESSORS). These services are accessible via a site called www.mislager.ch . The main characteristics of these services are presented on the SITE. The USER isrequired to refer to the description of each service in order to know the essential properties and particularities. The USER isobliged to take note of them. The choice and purchase of these services are the sole responsibility of the USER.
2. Subject matter and contractual document
The present general conditions of use apply without restriction or reserve to all the services provided by the company MISLAGER.COM to any physical person (private individual) or moral (professional), to the exclusion of all other conditions. The GCU do not govern the relations between the USERS RENTER AND LESSORS, which are regulated by the contract of hiring or deposit, but only that between MISLAGER.COM and the USERS.
Any USER of the website www.mislager.ch acknowledges that he/she accepts without reservation the GTC by ticking the box provided for this purpose. Any USER refusing all or part of theseterms and conditions must renounceany use of this site.
The services presented by the company MISLAGER.COM are offered in 4 languages throughout Switzerland.
3. Services offered
3.1 Service Definitions
The SERVICE SUPPLIER has designed and developed the SITE, which constitutes a so-called community Internet platform, allowing its USERS to come together in order to freely conclude storage contracts. The SITE also includes a space dedicated to the exchange of information and advice between USERS.
The interventions of the SERVICE SUPPLIER consist in :
- To develop and maintain the SITE in good working order to enable the connection between USERS who are tenants and landlords,
- To provide USERS with a rental or deposit agreement,
- Allow the payment of the price of storage services by means of payment on PayPal,
- To broadcast on the SITE storage offers on behalf of LESSORS.
3.2 Availability of the SITE and services
The SITE is in principle accessible 24 hours a day, 7 days a week.
However, the SERVICE SUPPLIER reserves the right to temporarily close the SITE and access to remote services, in particular to carry out updates or maintenance operations. The SERVICE SUPPLIER is not responsible for any damage of any kind that may result from these closures of all or part of the SITE.
The SERVICE SUPPLIER reserves the right to complete or modify the WEBSITE at any time, depending on technical developments.
4. Access and other conditions
4.1 Registration, account creation and USER obligations
The Service is accessible and can onlybeused by USERS registered on the site.
To offer or reserve storage space, the USER must register and createa USER account. The USER is authorised to create only one account and must identify himself as a natural or legal person.
In order to register on the SITE and access the Services, USERS must meet the following conditions
For the Lessor:
- Register under your real identity and provideyour real home address,
- Have provided a telephone number where the USER can be reached,
- If the lessoris an individual, do not use the service for professional or commercial purposes,
- If the lessoris a professional or a legalentity, to have communicated on the SITE all the information relating to his company,
- Be over 18 yearsold,
- Not to have created several accounts on the site,
- To offer for rentonly Storage Space for which he is the lessor during the whole duration of the contract or for which he justifies an authorization of the owner who authorizes him to rent,
- Take out insurance to cover your civil liability before hand
- Inform your insurer and obtainits agreement in writing,
- To offer for rentonly Storage Spaces that comply with the requirements of the law and of which all safety equipmentis, to the best of its knowledge, in perfect condition,
- Ensure the protection, safety and permanent physical security of the storage space and comply with the conditions of the insurance policy(ies) covering the premises.
- Provide accurate, complete and up-to-date information,
- To publish only photographs not contrary to public order, morality or good manners, not infringingany right
- Have accepted the T&Cs.
For the TENANT :
- Register under your real identity and provide your real home address,
- Have provided a telephone number where the USER can be reached,
- If the LESSEE is an individual, do not use the service for professional or commercial purposes,
- Is a professional or a legal person to have communicated on the SITE all the information relating to his company,
- Be over 18 yearsold,
- Not to have created several accounts on the site,
- To be the holder of a valid means of payment (PAYPAL) at the time of booking and throughout the duration of the contract,
- Not to have been in default of payment with regard to its obligations with the GCU or to have made opposition of a payment made within the framework of the GCU on the SITE.
- To have subscribed, if necessary, prior to any reservation of a space, the insurances made compulsory by law for all types of goods to bestored,
- Have accepted the T&Cs.
5. Operation ofthe SITE
5.1 Storage space advertisements
The diffusion of an ad is totally free.
All fields must be filled in with truthful information.
The Lessor shall provide a telephone number at which it can be effectively contacted.
The SERVICE SUPPLIER reserves the right, without reason and at its sole discretion, to make changes and/or additions to the fields to befilled in, to suspend or to delete an advertisement.
The minimum rental periodis 2 weeks, the maximum periodis 1 year. The LESSOR is free to increase the minimum rental period in the advertisement to a maximum of 3 months.
The Lessor under takes to respect the rules and customs in force, to communicate truthful information and is responsible for the security of the rented space. In noeventshalltheService Provider beliableforanyfalseinformation or for any breach of duty of care by the Landlord.
6. Course of a rental
The USER mayview the variousads on the SITE free of charge.
Beforeanyreservation, the future TENANT can send a message for further information directly to the LESSOR.
All bookingrequestsmustbemade on the WEB SITE at least 24 hoursbeforethestartoftherentalperiod.
The LESSOR has 48 hours to confirm or refuse abookingrequest, failure to replywithinthis time automaticallymeans a refusal. When the reservationrequestisaccepted or refused, the TENANT automaticallyreceives an e-mail. The reservationisthen firm and definitive ifthe RENTER payswithin 24 hours, otherwisethereservationrequest will becancelled.
6.2 Cancellation of the rental
The TENANT may cancel up to 2 daysbefore the start of the rentalperiod by sending an e-mail to the Lessor and the SERVICE SUPPLIER (email@example.com) with the only charge being 50% of the commission taken by the SERVICE SUPPLIER at the time of payment of the rental by the TENANT. For anycancellationunder 48 hours, the TENANT willbecharged the full amount of the rent and commission for the first month of the rental. Iftherentalperiodis 1 monthorless, the TENANT will not beentitledtoanyrefund. Any cancellationduringthebeginningoftherentalmonth (therentalmonthstartsfromthe date ofthebeginningoftherental) will bechargedfortheentiremonth.
A reservationmadelessthan 2 daysbeforethestartoftherentalperiod, and cancelleduptothe time ofthestart, will bechargedthefullamountoftherentalperiodforthefirstmonth.
In theeventthatthe LESSOR isunabletoprovidetheagreedstorage, the LESSOR mustimmediatelyinformthe SERVICE SUPPLIER (firstname.lastname@example.org) and THE TENANT bye-mail, and thelatter will bereimbursedthefullamountoftherental. Foranycancellationmadeupto 2 daysbeforethestartoftherentalperiod, the LESSOR will beinvoiced 50% ofthecommissionfeesdeductedbythe SERVICE SUPPLIER fromtherentalprice. For a cancellationmadelessthan 2 daysbeforethebeginningofthehiringthe LESSOR will beinvoicedthetotalityofthefeesofthe PROVIDER paid at the time ofthereservation.
6.3 Changing a reservation
Any modification of the reservation must beimmediatelycommunicated to the SERVICE SUPPLIER by the LESSEE and by the LESSOR. Anyrequest by the LESSEE to modify the reservation, in particularconcerning an extension of the storageperiod or a modification of the storage area, must be made by e-mail to the LESSOR.If the LESSOR refuses the modification of the reservation or does not respond to the request, the rental continues on the basis of the conditions initiallyagreed. If the LESSOR accepts the request to modify the reservation, the new conditions will come into force. No reduction of the originallyagreedstoragespaceshallentitle the LESSOR to a reduction of the rentalprice.
The LESSOR mayalsomake a request to modify the reservation. Anyrequest must be made immediately by e-mail to the SERVICE SUPPLIER and the TENANT.
Anyrequest for a change of reservationshouldbe sent to email@example.com
6.4 Extension of a rental
The LESSEE shallreceive an e-mail 3 weeksbeforetheendoftherentalperiodinforminghim/her ofthe imminent end oftherentalperiod. In the samee-mail, he has the possibility to request an extension directly to the LESSOR, fromthat moment on, the same conditions apply as in paragraph 6, subparagraph 1.
6.5 Contract and legalterms of storage
The contract binding the LESSOR and the LESSEE isfreelynegotiated and agreedbetweenthem, under the sole condition thatitdoes not conflictwith the present GCU.
In the event of the handing over of the keys givingaccess to the storagespace, the contractconfers the privateenjoyment of the storagespace, without the LESSOR ensuring the custody and surveillance of the goods. The LESSOR shall not be liable for anytheft or deterioration of the goods, except in the event of provenfault on his part.
In the case of a contractconferringprivate use of the space to the TENANT (handing over of the keysor anyothermeansproviding free access), the LESSOR mayrequest a deposit. The payment of the depositis made directlybetween the 2 Parties at the time of handing over the keys.
6.6a Information on storagespace
When the reservationispaid, thereforeis final, the SERVICE SUPPLIER communicates to the LESSEE the useful information on the LESSOR as well as itcommunicates to the LESSOR the useful information on the LESSEE.
This information is as follows:
The identities of the LESSOR and the LESSEE
thepreciseaddress of the reservedstoragespace, as indicated by the Lessor
Telephonenumbers and e-mailaddresses of eachperson
The PROVIDER is not responsible for the information provided by the USERS. In case of incorrect information, the PROVIDER cannotbeheldresponsible in anyway.
6.6b Conditions of access to the storagespace in the case of a deposit
The TENANT shallhavetheopportunitytoviewthestoragespacebeforethestartoftherentalperiod. The LESSEE shallmaketherequestdirectlytothe LESSOR.
Duringtherentalperiod, the LESSOR isobligedtoallowthe TENANT accesstothereservedstoragespacewithin 3 workingdaysoftherequestforaccesstothespace. Ifthe LESSEE wantstoaddgoodstothestoragespace at a later date withinthelimitoftheallocatedarea, ortoretrievesomeofthestoredgoods, he mustinformthe LESSOR bye-mail in advance.
6.6c State oftheart and inventories
Beforethestart and at theendoftheagreedstorageperiod, the LESSEE and the LESSOR shalldrawup an inventoryofthestoragespaceaswellas an inventoryofthegoodsstored in theeventthatthe LESSOR has an obligationtokeep and monitor thegoods. The listis the only document relating to the inventory of the TENANT’sgoods;anygoods not appearing on the inventorylistmay not beclaimed.
The LESSOR may refuse the storage of certain goods, providedthathe can prove a legitimatereason. The SERVICE SUPPLIER is in no wayinformed of the nature and quantity of the storedgoods. The SERVICE SUPPLIER is not liable for thesegoods. At the end of the agreedstorageperiod, the LESSEE and the LESSOR shallagree on the terms and conditions for the recovery of the goods by the LESSEE.
6.7 Specific Prohibitions
The storagespacesoffered on the SITE are exclusivelyintended for storage. It isthereforeforbidden in thesestoragespaces:
to carry out a commercial, industrial or artisanal activity, liberal or other,
– to establishitshead office or anyother establishment,
to use the address as a mailing address,
to use thisspace as living quarters
The storageofthefollowinggoodsisprohibited in thestoragespacesoffered on the SITE:
- Weapons, explosives, fuel and fireworks,
- Chemical, toxic or hazardousproducts
- Cash and securities and othersecurities and financial documents
- Jewelry, stones and preciousmetals,
- Works of art,
- ID cards, passports, driver’slicenses, propertytitles and other official documents,
- Mouldy or contaminatedobjects,
- Stolen orillegallyheldproperty,
- Living things (animals, plants or other)
- Dangerous object,
- Productsharmful to the storagespace.
The LESSEE isresponsible for insuringhispropertywith the Lessor and isobliged to informhisinsurer (householdinsurance in general) in advance. He alsoconfirmsthathe has been informedthat certain goods, such as motorvehicles, caravans, trailers, etc., evenwhenstored in a storagespace, must beinsured and thathe has informed the insurersbeforehand.
6.8 Specific Obligations
The Lessor has the obligation to :
- Ensurethatthestorageareais clean and wellmaintainedbeforehand,
- Do not storethebelongingsofmorethanten different people in the same space at the same time,
- To regularlyconsultits messages on the SITE and to respond to anyrequests sent to it by potential RENTERS,
- Agree on a storageperiod of not lessthan one week and not more than one year,
- In the case of a warehouse, ensure the protection, safety and permanent physicalsecuring of the space, to respect in particular all the conditions provided for by the insurancepolicy or policiesguaranteeing the premises, to close the locks of all accessdoors and all openings of the storagespace.
- Prevent anyonefromsmoking in thestoragearea,
- Immediatelyinformthe LESSEE ofanyproblemrelatedtothespaceorthegoodsstoredofwhichthe LESSEE isaware
- In the event of a claim, collaboratewithanyinsurer by communicatingwithoutdelay all useful information on the circumstances and on the measurestaken.
- Not to acceptpaymentfrom the RENTER by anyothermeansthan the one proposed on the SITE
The tenant has the obligation to :
- Proceedtothepaymentof all, monthly and thatthroughthe SITE
- Immediatelyreporttothe LESSOR anyproblemrelatedtothestoragespaceorthestoredgoodsofwhich he wouldhaveknowledge,
- In the event of a claim, collaboratewithanyinsurer, communicatingwithoutdelay all useful information on the circumstances and providing the requiredproofs,
- To regularlyconsulthis messages on the SITE and to reply to any messages sent to him
During the rentalperiod, the LESSEE has the possibility to evaluate the Storage Space and the LESSOR on the SITE.
The SERVICE SUPPLIER is in no wayresponsible for the USERS’ evaluations
6.10 Termination of a tenancy
At the end of the contract, the LESSEE must leave the Storage Space in the state in whichitwas made available, except for any damage caused by obsolescence or force majeure. Consequently, the Storage Space must be free of anycardboard, rubble, paper, plastic or otherobjects of anykindwhatsoever and in a perfect state of cleanliness. The LESSEE alsoundertakes to return all locking and/or openingdeviceswhere applicable and to be up to date with the payment of the total amount of the rental, service charges and othersumsrelated to any penalties or management fees.
When the TENANT and the LESSOR return the Storage Space, theyshall check the state of repair and thencomplete and sign the inventory of fixtures on leaving. The documents must bekept for a minimum of 1 year by the LESSEE and the LESSOR.
If everythingis in orderwhen the storagespaceisreturned, the lessorwillrefund the deposit.
IN CASE OF DAMAGE OR THEFT, THE TENANT HAS 5 WORKING DAYS TO DECLARE A DAMAGE TO THE PROVIDER. After thisperiod, EXCEPT IN CASE OF FORCE MAJEURE OR FORTUNATE, THE HIRER WILL NOT BE ABLE TO ENFORCE HIS RIGHTS.
7. Prices and service charges
The rentalprice of eachstorageincludes:
- The remunerationisfreelyfixed by each LESSOR, according to hisown perception of the quality of his Storage Space and the conditions heproposes; the LESSOR has no power in thismatter and the LESSOR has no means of controlling the reasonableness or otherwise of the priceproposed.
The service feecharged by the PROVIDER amounts to :
- – From 1 CHF to 399 CHF monthly, 20% service fee
- – From CHF 400 to CHF 799 monthly, 15% service fee
- – Over CHF 800 per month; 10% service fee
The service feeiscollected by the USER’s SERVICE SUPPLIER witheachmonthlypayment over the duration of the contract
The priceisdisplayed on the SITE in eachadvertisement as a fixedmonthlypriceincluding VAT for the total surface area indicated or by default for 1 square metre.
The LESSOR mayfreelymodify the priceappearing in hisadvertisement. However, the price modification cannotbeapplied to reservationsalreadyconfirmed or in the process of beingrenewedwithout the TENANT’s express agreement.The LESSOR declares to give the SERVICE SUPPLIER a mandate to collect the varioussums (rentalprice, penalty and management fees) in the name and on behalf of the LESSOR.
8. Payment management
The RENTER pays the price (including VAT) per month, according to the schedule (5 daysbefore the end of the month of rental in progress)
The Lessorreceiveshispaymentbybanktransferwithin 5 workingdaysafterthebeginningoftherentalperiod.
8.1 Flat-rate penalties for latepayment
All paymentsare due in accordance with the paymentschedule. In the event of non-payment or failure to respond to a reminder, a flat fee of CHF 100 willbecharged for each 12 days’ delay in payment.
9. Exclusions of liability of the PRESTAIR
The SERVICE SUPPLIER is not party to the contractsagreedbetween the TENANT and the LESSOR. The SERVICE SUPPLIER’sresponsibilityisconsequentlyexcludedbecause of damage resulting in particularfrom :
- The behaviour of USERS on the SITE
- Information provided by USERS thatisinaccurate, incomplete or incomplete
- Lack of legalcapacity of a registered USER
- The communication by the LESSOR of erroneous or obsolete information concerning the Storage Spaces
- The content of a LESSOR’sadvertisement,
- An unreasonablestoragepriceoffered by a LESSOR
- Non-performance of a storagecontract
- Default in the performance of a storagecontract, includinganyunpaidinvoices,
- Defects in the quality or security of a space,
- The legalunavailability of a Storage Space,
- A lack of compulsoryinsurance of a stored good,
- The violation of an intellectualproperty right held by a third party on an elementpresent on the SITE
- From the closure of the SITE
10. Data protection
The collection and processing of personal data by the SITE isexplained in the data protection declaration. The data protection declarationis an integral part of these GTC. The data protection declaration can beviewed on the SITE : www.mislager.ch
By acceptingthese GTC, thecustomer also declaresthat he/shehasread and understoodthedataprotectiondeclaration.
Jurisdiction: For all disputes arisingfromthiscontract, the customerexpresslywaiveshisnaturaljudge and the parties accept the exclusive jurisdiction of the ordinary courts at the headquarters of www.mislager.ch in Zurich.
This provision is an integral part of the Self-Storage Contract.