General terms and conditions of Modul-Kombinat GmbH (referred to below as: Modul Kombinat), Am Stener Berg 41m, 13125 Berlin, covering rental contracts for locker facilities which are concluded exclusively by means of remote means of communication.
1. Scope of application
These general terms and conditions have exclusive application to service contracts between Modul Kombinat and customers. Unless they have been individually confirmed in writing by Modul Kombinat, any general terms and conditions applied by the customer which contradict or diverge from these general terms and conditions will not be recognised.
2. Subject of the contract
The subject of the contract is the rental of a mobile or stationary locker.
3. Rental period
The rental period will depend on the location and period of use of the mobile or stationary locker. The period must be selected within the period available for booking on the website of Modul Kombinat at www.safeboxen.de. The rental relationship will end on the expiry of the agreed rental period, unless it is terminated prematurely within the framework of legally permitted cases, or is extended by an appropriate agreement with Modul Kombinat.
4. Effective start of the contract
a) Offer to conclude a rental contract by the customer The description of the lockers on the Modul Kombinat website at www.safeboxen.de does not represent a binding offer to conclude a rental contract on the part of Modul Kombinat, but is merely an invitation to customers themselves to provide Modul Kombinat with an offer relating to the conclusion of a rental contract for a locker (so-called invitatio ad offerendum). The binding booking of a locker comes into effect when the customer accesses the relevant event on the Modul Kombinat website at www.safeboxen.de and enters the required locker size, rental duration and if relevant other bookable options, together with his or her personal data. By activating the relevant checkbox, customers confirm that they accept the general terms and conditions of Modul Kombinat, together with the cancellation policy and the reference to the premature expiry of the right of revocation if they take advantage of the services before the expiry of the statutory revocation period. The booking cannot be concluded unless this checkbox is activated. The booking is then completed by a click on the “Place binding order” button. It is only when they click on the “Place binding order” button that customers submit a binding offer for the booking of the selected locker. Up to this point in time customers can any time check and if necessary amend their entries before sending them. After the booking has been received by Modul Kombinat the customer will receive an email confirming receipt of the offer by Modul Kombinat. Here the customer can once more check the information which has been submitted, so that any errors which have been made in the booking can still be corrected in good time. When the customer receives the email confirming receipt of the offer by Modul Kombinat this does not yet constitute a contract. b) Acceptance by Modul Kombinat of the customer’s offer to conclude a rental contract The rental offers and prices on the Modul Kombinat website at www.safeboxen.de are not binding, and are subject to confirmation of the customer’s offer by Modul Kombinat. Modul Kombinat undertakes to notify customers without delay if lockers should become unavailable and to refund any payment which has been made immediately. As soon as payment has been received by Modul Kombinat the customer’s offer to conclude a rental contract for a locker will be accepted in a separate email by Modul Kombinat.
5. Rent, time of payment, method of payment and delay in payment
The rent for the locker becomes due immediately. Payment can be made by PayPal or by bank transfer.
If the customer is in arrears with payment Modul Kombinat will have the right to charge the statutory interest on arrears (in the case of consumers 5% above the base rate, and in the case of commercial entities 8% above the base rate. This is without prejudice to the right of Modul Kombinat to demand a higher rate of interest or claim further damage on a different legal basis.
When the locker is made available on site a deposit is collected for the locker and the key. This deposit is not subject to interest. It is refunded to the customer when the locker and key are returned in good condition. Any claims on payment arising from the rental relationship and not yet settled by the customer will be deducted from the deposit.
7. Set off, right of retention
Customers will only have a right of retention if their counterclaims have been legally certified, are not disputed or have been recognised by Modul Kombinat. Customers will only be entitled to exercise a right of retention if their counterclaim is based on the same contractual relationship.
8. Customer obligations
Customers undertake to treat the locker with due care and keep it clean. They must look after the key to the locker carefully and protect it against access by unauthorised third parties. If a locker key is lost Modul Kombinat must be informed without delay.
Lockers are provided to customers for use exclusively within the scope of statutory regulations. The lockers may not be used for the storage of substances which are perishable, hazardous or legally prohibited, in particular goods which violate youth protection, drug, firearms and fire protection legislation. If the locker has a power supply, for technical reasons the following restrictions will apply to the use of the supply.
– For safety reasons, the power connections are limited to a maximum power of 15 watt per socket. Exceptions to this are the sockets in the High-Voltage lockers, which are limited to 90 watt.
The power is generated locally and is therefore prone to disturbances and voltage fluctuations. Modul Kombinat assumes no liability for the use of the power source and for any defects in equipment caused by voltage fluctuations or failures.
The socket may only be used to charge low-current-powered appliances, e.g. Mobile phone batteries, tablet batteries or camera batteries are used (maximum 15 watts and maximum of 90 watts in the High-Voltage lockers).
Only one power-operated device may be connected to the socket which are limited to 15 watt. The connection of multiple sockets or power strips and / or – (USB) distributors is prohibited in 15 Watt lockers.
The power connection must be protected against liquids of all kinds
Any problems with the power connection must be reported to Modul Kombinat without delay.
Customers are liable for any damage resulting from any breach of these provisions. Modul Kombinat does not in principle obtain information about the contents of the locker, but reserves the right at any time to require access to the locker in order to ensure that the above provisions are complied with.