1. DEFINITIONS

In these General Conditions:

Special Conditions means any document to which these General Conditions are incorporated, signed by both Parties, containing each Party’s own individual details, and/or any circumstances which the Parties wish to make known, as well as any particularities which in respect of the General Conditions the Parties may agree;

General Conditions means the general terms and conditions of the Contract as set out in this document;

Contract means the set of documents containing the particulars and covenants of the Contract. It consists of the Special Conditions and the General Conditions;

Trasteros Públicos Self Storage («Trasteros Públicos») is the company Trasteros Públicos S.L.;

the Customer is the natural or legal person who, together with Trasteros Públicos, enters into the Special Conditions;

the Centre is the building owned by Trasteros Públicos in which the Module is located in accordance with the Particular Conditions;

the Module is the module which, by virtue of the Contract, Trasteros Públicos makes available to the Customer as defined in the Special Conditions;

the Price is the price to be paid by the Customer to Trasteros Públicos in accordance with the Special Conditions; and

the Parties together mean Trasteros Públicos and the Customer.

2. THE CONTRACT

2.1 Perfection. The Contract shall be perfected by the signature by the Parties of the Special Conditions and the General Conditions.

2.2 Priority of the General Conditions. In the event of any discrepancy between the provisions of the Special Conditions and the provisions of the General Conditions, the provisions of the General Conditions shall prevail.

Modifications

2.3 Modifications. No amendment to the General Terms and Conditions or the Special Conditions shall be binding unless agreed in writing between the Parties.

2.4 Completeness. The Special Conditions and the General Conditions constitute the entirety of what has been agreed between Trasteros Públicos and the Customer with regard to the object of the Contract. These provisions shall therefore prevail over any other proposal or exchange of correspondence prior to the signing of the Contract, as well as over any other prior agreement of the parties in relation to the object of the Contract.

2.5 Interpretation. In the event that a Party fails on one or more occasions to require the enforcement of one or more provisions of the Contract, this shall not be construed as a waiver by the Party concerned to enforce the same or any other provision of the Contract in the same or different circumstances.

3. NATURE OF THE CONTRACT

3.1 The Parties expressly state that as the Module will not be used for the exercise of an industrial, commercial, craft, professional, recreational, welfare, cultural or educational activity, nor does it constitute an accessory element to the operation of a commercial establishment, the present Contract will not be considered to be included within the scope of application of Law 29/1994, of 24 November, on Urban Leases.

3.2 The parties also agree that the present contract is governed by the agreements stipulated by both parties and contained herein, and in all matters not provided for therein, the regulation of the civil code on leases of things will apply.

3.3 The Parties agree that, in accordance with the terms and conditions set out in this Contract, Trasteros Públicos shall not assume any responsibility for the goods that the Client places in the Module, and therefore this Contract shall not be subject to the regulation of the Civil Code regarding the deposit contract, and the Parties expressly exclude its application.

4. USE OF THE MODULE

4.1 The Module may only be used by the Client for the purpose of placing goods of the Client’s property inside the Module, and the Client is not permitted to use the Module for any other type of activity. In particular, the Customer shall refrain from establishing its registered office at the address of the Module, as well as from entering the address of the Module in its business correspondence, in the Commercial Register, in the Industrial Property Register or in any other public or private register. It is strictly forbidden to use the Module as a dwelling or place of residence, even on an occasional basis.

4.2 The Client may under no circumstances bring the following goods into the Module:

(a) dangerous, illicit, easily inflammable (fuels, solvents and similar), polluting, toxic, explosive, perishable or malodorous goods; or.

(b) goods which are likely to damage or affect the Module, the Centre, other property in the Centre, or which may endanger health; or

(c) any kind, species or class of animals, dead or alive, or plants.

5. DURATION

5.1 The Contract shall have the duration agreed by the Parties in the Particular Conditions.

5.2 The Parties agree that once the initial period of duration of the Contract agreed in the Specific Conditions has elapsed, the Contract shall be automatically extended for successive periods of 1 month each provided that, prior to its expiry, the customer has paid the price of use for a period of one month unless either of the Parties notifies the other Party reliably by registered letter with acknowledgement of receipt or signed fax of its decision not to extend the Contract. The notice must be given at least 7 calendar days prior to the end of the first month of the Contract, or of any extension. Termination by the client will be effective on the day of signing the exit receipt, once the module is completely empty on a working day in Alfafar and during office hours. If no notice is given, the price of the missing days will be invoiced. In any case, the minimum duration of the service is 14 days.

6. PRICE

Price

6.1.1 On signing this Agreement, the Customer shall pay Trasteros Públicos the Price established in the Particular Conditions (plus applicable VAT).

In the event that the initial term of this Agreement is extended, the Customer shall pay Trasteros Públicos, for each extension, an amount equal to the amount of the Price, at the latest, on the first day of the term of each extension, without prejudice to the provisions of section 6.1.3 below.

6.1.2 The Client shall make the initial payment of the Price to Trasteros Públicos S.L. by cash or bank card. Payment for the following months shall be made by direct debit to the Client’s account or by credit/debit card between the 1st and 5th of the current month.

6.1.3 The Parties agree that Trasteros Públicos may change the amount of the Price after at least 6 months have elapsed since the signing of this Agreement, if applicable, by giving the Customer at least 14 calendar days’ notice prior to the effective date of the change.

6.1.4 The Client may duly notify Trasteros Públicos by registered letter with acknowledgement of receipt or signed fax of his intention to terminate the Contract within 7 calendar days of receipt of the notification from Trasteros Públicos regarding the change in the Price. In the event of termination of the Contract in accordance with the previous paragraph, the Customer shall pay Trasteros Públicos all outstanding amounts due, without prejudice to the application of the provisions of Stipulation 10 of these General Conditions.

Deposit

6.2.1 As a guarantee of compliance with the obligations assumed on signing this Contract, the Client hereby delivers to Trasteros Públicos, as a deposit, one or two monthly payments (excluding VAT), which shall not generate interest in favour of the Client (the Deposit).

6.2.2 Trasteros Públicos shall return the Security Deposit to the Customer 2 months after the last payment if payment is made by direct debit and the calendar month following the end of this Agreement if payment is made in cash, bank transfer or credit/debit card, provided that the Customer has complied with all the obligations that he has assumed on signing this Agreement and does not owe any amount to Trasteros Públicos Self Storage and except in the case provided for in Stipulation 9.4. In the event that the Customer owes any amount to Trasteros Públicos Self Storage, such amount will be deducted from the amount of the Deposit.

Non-payment

6.3.1 In the event that the initial period of duration of this Contract is extended and the Customer has not paid the Price within 6 calendar days following the first day of each extension, Trasteros Públicos shall deactivate the Customer’s personal access code that allows access to the Centre and shall deny the Customer access to the Module in accordance with the provisions of section 7.3.1 of these General Conditions. In the event of late payment within the first 6 days of the month, in order to regain access to the Module, the Client must make the payment for the current month inclusive.

After 3 days from the date on which Trasteros Públicos deactivates the Customer’s access code without the Customer having paid Trasteros Públicos the Price due, Trasteros Públicos will send the Customer a letter or fax requiring the Customer to pay the Price due and a surcharge of 10% or a minimum of 25€ on the Price (plus V.A.T.) due (the Requirement). V.A.T.) due (the Demand for Payment), without prejudice to Public Self Storage’s right to terminate the Contract in accordance with the provisions of Stipulation 9. The Demand for Payment shall be deemed to have been validly made if sent to the Customer’s last known address, as such term is defined in Stipulation 12.

6.3.2 In the event that the Request for Payment is not complied with by the Client within 7 calendar days from the date of its receipt, Trasteros Públicos, without prejudice to any legal action it may take against the Client to obtain payment of the amounts owed by the latter, may terminate the Contract by applying the Deposit to the payment of the amounts owed. Likewise, by virtue of the provisions of art. 1780 et seq. of the Civil Code, the Client authorises Trasteros Públicos to retain the goods that are inside the Module at any given time (the Goods), executing them in accordance with the provisions of the following section.

6.3.3 Trasteros Públicos shall retain the Goods during the 10 calendar days following the expiry of the contract or the non-payment foreseen before proceeding to execute the Goods, in accordance with the applicable legal provisions, in order to make effective payment of the amounts owed by the Client.

6.3.4 In order that Trasteros Públicos may enforce its right to retain the Goods in the event of non-payment, the Client expressly authorises Trasteros Públicos to:

(a) deactivate the access code to the Centre preventing the Client from accessing the Module. The Client shall recover the right to access the Module once the Price and the rest of the sums owed by the Client to Trasteros Públicos have been paid, as well as all the expenses that may arise from the non-payment; and

(b) enter the Module, in accordance with the provisions of section 7.3.5

(b) for the purpose of: (i) removing the Goods in their entirety from the Module; and (ii) placing the Goods elsewhere at the option of Public Storage, including outdoors.

6.3.5 All direct and indirect costs arising from the Customer’s non-payment shall be for the Customer’s sole account, in particular the costs of removal of the deposited Goods, the costs of notification and the costs of re-depositing, placing or relocating the Goods.

6.3.6 The Customer may not, under any circumstances, hold Trasteros Públicos liable for any damage suffered by the Goods on the occasion of their removal from the Module, which shall always be understood to be carried out at the exclusive risk and expense of the Customer. Promotions

6.4 In the event of non-compliance with the period of permanence agreed in the particular conditions, the Customer shall pay the difference between the promotional price and the stipulated tariff price during the period enjoyed, without prejudice to the application of the provisions of Stipulation 5.2 of these General Conditions.

7. OBLIGATIONS OF THE PARTIES

Use and maintenance of the Module

7.1.1 The Client undertakes to:

(a) to use the Module, as well as the facilities and other integral elements of the Centre, with due care and diligence;

(b) to use the Module for the purpose set out in Stipulation 4 of this Agreement; and

(c) to be liable for any damage, deterioration or damage to the Module and the Centre, insofar as such damage, deterioration or damage is not the result of normal wear and tear.

7.1.2 The Client undertakes to: (i) inform Trasteros Públicos, with due diligence, of the occurrence of any damage to the Module or the Centre; and (ii) pay Trasteros Públicos the cost of repairing the damage caused to the Module or the Centre.

In the event that the Client has not paid Trasteros Públicos the cost of repairing the damage/s within 7 calendar days from the date on which the damage/s occurred, Trasteros Públicos shall be entitled to withhold from the amount of the Deposit the amount necessary to carry out the repair.

In the event that the amount of the repair exceeds the amount of the Deposit, Trasteros Públicos shall require the Client, by registered letter with acknowledgement of receipt, to pay the amount corresponding to the repair that exceeds the amount of the Deposit within 7 calendar days of receipt of such request. In the event that the aforementioned period elapses and the Client has not made such payment, the provisions relating to non-payment set out in Stipulation 6 of these General Terms and Conditions shall apply to the amount exceeding the Deposit.

7.1.3 The Client undertakes to take all necessary measures to place the goods in the Module in such a way that they maintain a stable balance, do not damage the walls, pillars, fireproof mortar, ceiling or floor, and leave sufficient space to be able to use the power, maintenance, safety, etc. connections at any time.

7.1.4 The Customer undertakes to leave a space of not less than 60 centimetres between the Goods and the lighting and fire protection devices of the Module.

7.1.5 In the event that the client accepts the use of the alarm of his module connected to the computerised security centre, he is obliged to immediately inform the telephone number indicated on the signs on the keypads if it is activated unintentionally and/or by mistake. Failure to do so will result in a surcharge of €25 plus VAT.

Delivery and receipt of goods

7.2.1 The Customer shall place the goods in the Module and shall be responsible for receiving, loading and unloading the goods.

7.2.2 The Customer may use the handling and unloading equipment or machinery available at the Centre to facilitate the introduction of the Goods into the Module. The Parties agree that the Client shall be solely responsible for the use given to the handling and unloading equipment that Trasteros Públicos places at its disposal.

Access to the Centre and the Module

7.3.1 Trasteros Públicos guarantees the Client free access to the Centre and the Module within the hours established by Trasteros Públicos (currently from 6h to 24h, every day of the year), provided that the Client is up to date with the payment of the Price. The Customer will have a personal code to access the Centre. Customers who pay in cash and/or in arrears will only be able to access the module if they pay on the first day of the month.

7.3.2 Trasteros Públicos is not responsible for the use made by the Client of the access code, nor for the use made of it by third parties with or without the Client’s consent.

7.3.3 The Client, except in exceptional cases, shall not be authorised to access the Centre/Module outside of the hours set out in section

7.3.1 of these General Conditions, which may be modified by Trasteros Públicos with 7 calendar days’ notice to the Client. The Client will have a period of 7 calendar days from receipt of the notification to, where appropriate, terminate the Contract and pay any amounts owed to Trasteros Públicos up to that time.

7.3.4 The Parties agree that the Client shall be solely responsible for the placement of a padlock on the door of the Module and shall therefore be responsible for the safekeeping of the padlock key. Consequently, any loss of the key, as well as any use of the key by any person other than the Client, shall be the sole responsibility of the Client. With regard to the module, the Customer shall be responsible for locking it after each use.

7.3.5 The Customer expressly authorises Trasteros Públicos to access the Module, in any of the following cases, provided that he has given the Customer 2 calendar days’ notice (by e-mail, fax or telegram):

(a) to verify, at any time, that the Client is not using the Module in breach of its contractual obligations;

(b) in the event of non-payment of the Price;

(c) in the event of termination of the Contract for breach of the Customer’s obligations under this Contract; and

(d) to carry out any necessary repair or alteration work or maintenance work on the Module (stating the date and time at which access to the Module will be required).

7.3.6 The Client also expressly authorises Trasteros Públicos, without prior notice, to access the Module in any of the following cases:

(a) at the request of the competent administrative or judicial authorities, and in particular the police, civil guard or fire brigade; and

(b) in emergency situations likely to cause damage to the Module, to any other module, to the Centre or to property belonging to other Public Storage customers located within the Centre.

7.3.7 Trasteros Públicos reserves the right to refuse admission to the Centre of persons and/or vehicles that represent a danger or potential security threat; also in those cases in which they have publicity referring to companies in the sector of activity of Trasteros Públicos.

Insurance

7.4.1 The summary of the insurance cover is attached to these General Conditions as Annex I.

8. LIABILITY

8.1 The Customer shall be fully and exclusively liable for:
(a) the safekeeping and custody of the Goods, and therefore for all damage to the Goods, including damage, loss or theft;

(b) any damage caused by the Customer or the Goods to any person or any property situated in the Centre, belonging to Public Storage or to any third party; and

(c) any damage by the Customer or the Goods to the Centre.

9. TERMINATION

9.1 Failure by either Party to comply with its obligations under the Contract shall entitle the other Party to terminate the Contract, without prejudice to any claim for damages.

9.2 By way of example and without limitation, Trasteros Públicos may terminate the Contract in the following cases:

(a) non-payment of the Price. The termination shall take place in accordance with the provisions of Stipulation 6;

(b) introduction of goods into the Module that do not comply with the provisions of Stipulation 4;

(c) failure to comply with the provisions relating to the use and maintenance of the Module, the delivery of goods and access to the Module; and

(d) failure to comply with the insurance obligations.

9.3 Trasteros Públicos may only terminate the Contract for the causes of termination described in (b), (c) or (d) above if prior to terminating the Contract:

(a) requires the Customer in writing to remedy the breach; and

(b) the Customer fails to remedy the breach within 7 calendar days from the date of receipt of the notice.

9.4 The Parties agree that in the event of the termination of the Contract for reasons attributable to the Client, Trasteros Públicos shall retain the amount of the Deposit as compensation for the termination of the Contract, without prejudice to Trasteros Públicos being able to demand by all applicable legal means the payment of the Price and the rest of the amounts due in accordance with the Contract.

10. REMOVAL OF THE GOODS

10.1 The Customer shall have removed all Goods from the Module by the date of termination of the Contract.

10.2 If the Customer, at the date of termination of the Contract, has not removed all the Goods from the Module, the Customer shall pay a penalty of 5% of the Price of one month for each day that elapses until all the Goods are removed. In this case, and without prejudice to the application of the aforementioned penalty, the Client expressly authorises Trasteros Públicos to:

(a) access the Module;

(b) remove from the Module all the Goods; and

(c) place the Goods elsewhere in the Centre at Public Lockers’ option, including outdoors.

10.3 The Parties agree that in relation to the removal referred to in paragraph 10.2.(c), the Customer shall in no event hold Public Storage Facilities liable for any damage suffered by the Goods on the occasion of their removal from the Module, which shall always be at the Customer’s sole risk and expense.

11. ASSIGNMENT OF THE CONTRACT

11.1 Under no circumstances may the Client assign its contractual position in this Contract to any third party without the prior and express written consent of Trasteros Públicos.

12. NOTIFICATIONS

12.1 The Parties designate the addresses listed in the Particular Conditions for the purposes of any notification that the Parties may have to make to each other.

12.2 The Client must notify Trasteros Públicos of any change of address, registered office, telephone number or any other information in the Particular Conditions of this contract [by registered letter with acknowledgement of receipt or fax], to be sent within a maximum period of 7 calendar days from the date of the change of address.

12.3 Trasteros Públicos Self Storage undertakes to notify the Client by any effective means of any change of its registered address or any other circumstance that affects the operability of its headquarters.

13. APPLICABLE LAW AND JURISDICTION

13.1 This Agreement shall be governed by and construed in accordance with Spanish Law.

13.2 Any dispute, controversy or claim arising out of or in connection with this Agreement, including the breach, termination or invalidity of this Agreement, shall be subject to the exclusive jurisdiction of the Courts and Tribunals of Valencia.