TERMS & CONDITIONS YETI SELF STORAGE BV

1. General

• YETI SELF STORAGE BV is a private limited company incorporated under Belgian law with its registered office at Koolmijnenkaai 36, 1080 SINT-JANS-MOLENBEEK (Belgium), and with company number 1006.432.705 (hereinafter: “YETI SELF STORAGE“).

• The legal relationship between YETI SELF STORAGE and the Customer and any Agreement shall be governed by these Terms and Conditions, unless otherwise agreed in writing and mutually acknowledged. With each Agreement, the Customer confirms that he or she has read and accepted these Terms and Conditions. In case of disputes concerning the wording, the interpretation and/or content of these Terms and Conditions, the Dutch version shall prevail over the English version in any case. The Customer completely renounces the application of his or her own Terms and Conditions and the application thereof is expressly excluded by these Terms and Conditions.

• These Terms and Conditions may be modified by YETI SELF STORAGE. The applicable version can always be found on the YETI SELF STORAGE (yetiselfstorage.be) website. Under no circumstances shall the Customer’s terms and conditions apply to the agreement between YETI SELF STORAGE and the Customer. The Customer thus expressly waives all clauses or conditions that deviate, differ from or conflict with these terms and conditions, and whatever the designation of its own clauses or conditions in this regard, unless YETI SELF STORAGE has expressly agreed to them in advance.

2. Object and nature of the Agreement

• These Terms and Conditions apply to any provision agreement (the “Agreement“) between YETI SELF STORAGE on the one hand and on the other hand the (natural and/or legal) persons (hereinafter referred to as the “Customer“) who enter into an Agreement with YETI SELF STORAGE in respect of a Self Storage Unit, regardless of how it is entered into (e.g. on the website, in writing, in or outside the premises of YETI SELF STORAGE or by commissioning of a Self Storage Unit).

• In these Terms and Conditions, the Customer may also have the meaning of consumer, i.e. a natural person who acts for purposes that fall outside his or her business or professional activity (the “Consumer“). Unless expressly deviated from, the term “Customer” is used in these Terms and Conditions for both companies and Consumers. If, in the context of the execution of the Agreement, YETI SELF STORAGE would determine that the Customer is not acting as a Consumer (and e.g. uses the Self Storage Unit for a business or professional activity), then YETI SELF STORAGE has the right not to consider the customer as a Consumer and the provisions of these Terms and Conditions specifically aimed at Consumer will not (or no longer) apply to the Customer. The provisions that specifically relate to the Customer-Consumer never apply to other Customers and other Customers cannot derive any rights from them.

• The storage facility and/or the related services (general surveillance system of the storage areas, 24/24 video surveillance, security service and alarm system, a personal access code/key for each Customer) that are the subject of the Agreement are hereinafter referred to as the “Self Storage Unit“. The goods that are stored or present in the Self Storage Unit at any time are goods for normal daily use and are hereinafter referred to as the “Permitted Goods“.

• The Agreement concerns the provision of the Self Storage Unit shown in the Agreement, on the understanding that the exact dimensions and surface area are not (or should not be) guaranteed by YETI SELF STORAGE. The agreement does not fall within the scope of the Act of 30 April 1951 on Commercial Leases.

• In addition to these Terms and Conditions and the Agreement, YETI SELF STORAGE uses a privacy policy and internal regulations. The privacy policy relates to the way in which YETI SELF STORAGE collects and processes personal data. The internal regulations set out the practical arrangements between YETI SELF STORAGE and the Customer. The Customer undertakes to strictly comply with the privacy policy and the internal regulations and acknowledges that both documents are part of the Agreement.

3. Availability, destination and use of the Self Storage Unit

• YETI SELF STORAGE shall lease to the Customer the Self Storage Unit with a surface area between 1m² and 27m² for the sole purpose of storing Permitted Goods in accordance with the provisions of the Agreement, to the exclusion of any other use. The Self Storage Unit is not equipped with water, electricity or gas. Such utilities are also not available and YETI SELF STORAGE is under no obligation to provide such utilities.

• In particular, the Customer is prohibited from: (i) using the Self Storage Unit as a workshop (e.g. for grinding, welding, soldering, etc.) and/or engaging in any business activity there, (ii) using the Self Storage Unit as a place of residence, establishment of a company or registered office of a company and (iii) using the Self Storage Unit for unlawful, illegal or criminal activities.

• The Customer does not acquire any (ownership or business) right to the Self Storage Unit, any part thereof or to the real estate property of which the Self Storage Unit is a part. YETI SELF STORAGE never acts as custodian or agent of the Permitted Goods and may never be held liable in such capacity. The Customer expressly acknowledges that the Permitted Goods are under his or her responsibility and custody as referred to in art. 1384 of the Old Civil Code.

• At the time of entering into any Agreement, Customer warrants to YETI SELF STORAGE to be the owner of or to have a demonstrable contractual and personal right of use to the Permitted Goods. Customer further warrants that the Permitted Goods do not violate this Agreement. Customer shall be fully liable in respect of such warranties in connection with the Permitted Goods and shall fully indemnify and hold harmless YETI SELF STORAGE in this regard, as the case may be, for any amount (whether in principal, interest or expense) that may be claimed by a third party from YETI SELF STORAGE or that YETI SELF STORAGE may be required to pay to a third party.

• The Customer must use and maintain the Self Storage Unit in accordance with the laws applicable to the Customer and the Agreement at any time during the Agreement (including in terms of the environment) and with the Agreement itself, and this with the necessary caution, reasonableness and care.

• By entering into this Agreement or commissioning it, the Customer confirms that it has received the Self Storage Unit in good condition and accepts the dimensions and size of the Self Storage Unit in general and in particular as being in accordance with the Agreement. The Customer accepts that the dimensions of the Self Storage Unit may differ slightly from the proposed size. The Customer understands and accepts the levels of safety and security. The Customer accepts that it cannot derive any rights from the foregoing and is entitled to a price reduction in the event of a yellow case. Any defects in the Self Storage Unit must be reported by Customer in writing to YETI SELF STORAGE within a reasonable period of 7 days after becoming aware of them, during which the Customer shall also provide the necessary supporting documents. Failure by the Customer to notify these defects (in a timely manner), together with the necessary supporting documents, will result in the forfeiture of rights in this regard.

• YETI SELF STORAGE has the right to offer the Customer another Self Storage Unit with the same or similar characteristics at any time and without justification at no additional cost to the Customer.

• If, at the commencement of the Agreement, no Self Storage Unit of the agreed type is available, YETI SELF STORAGE shall be entitled to (i) offer Customer a Self Storage Unit of a different type to the extent that it meets Customer’s needs or (ii) suspend the Agreement until such time as a Self Storage Unit of the agreed type is available. In the latter case, the obligations of Customer and YETI SELF STORAGE under the Agreement shall be suspended until the Self Storage Unit is available. If such suspension of the Agreement continues for more than 1 month, both Customer and YETI SELF STORAGE shall have the right to terminate the Agreement without Customer being liable to pay anything in consequence thereof and Customer shall promptly receive the refund of any wrongly paid. However, YETI SELF STORAGE shall never be liable for any damage resulting from any delay in the availability of a Self Storage Unit or due to the suspension of the Agreement or non-availability of a Self Storage Unit.

• The following goods or actions may not be stored in the Self Storage Unit, are not among the Permitted Goods and are expressly and categorically prohibited under this Agreement without this list being exhaustive or exhaustive:

• Storing three or more car tyres per unit;
• Storing plastics, old metals, rubber, etc.
• Activated electrical, mechanical and/or hydraulic devices or installations. Customer shall not connect electrical appliances or other installations to the Self Storage Unit in any way without the written consent of YETI SELF STORAGE;
• Cash, securities, bearer securities, valuable jewellery or works of art or, in general, objects of emotional, irreplaceable or special value;
• Food, perishable goods or goods that (may) give off a bothersome or harmful smell;
• Animals or living organisms;
• Cars, motorised carriages and end-of-life vehicles and/or end-of-life vehicles;
• Waste (including old clothing, textile waste, etc.) and all kinds of waste (including animal and toxic or hazardous waste), chemicals, radioactive substances, biological agents;
• Goods the possession of which is prohibited by law (such as drugs, stolen or stolen goods, illegally imported goods, counterfeit goods, contraband, firearms, explosives or ammunition).
• Toxic, corrosive, explosive and/or flammable goods, as well as hazardous or toxic substances (such as chemicals, radioactive and biological substances, carcinogenic substances, asbestos, (artificial) fertilizer, gas cylinders and/or accumulators, fireworks, petrol, diesel or other fuels);
• Explosive substances and preparations such as aerosols, sprays and (liquid) gases;

Oxidising substances and preparations such as hydrogen and other peroxides, chlorates, strong nitric and perichlorous acids;

• If the Customer acts in violation of the Agreement and the foregoing in particular, the Customer shall be liable to YETI SELF STORAGE for any damages that YETI SELF STORAGE may suffer directly or indirectly as a result. YETI SELF STORAGE has no obligation whatsoever to check the Permitted Goods at the time of entering into or during the term of the Agreement. Compliance with this Agreement with regard to the Permitted Goods and the permitted use of the Self Storage Unit constitute a purely satisfactory performance obligation on the part of the Customer.

4. Access to the Self Storage Unit by YETI SELF STORAGE and third parties

• In the event of any suspicion on the part of YETI SELF STORAGE that the Customer is acting in violation of this Agreement or applicable laws or regulations, YETI SELF STORAGE shall be entitled to access or grant access to the Self Storage Unit to the competent authorities for the purpose of inspection, inventory, movement and/or transfer of the Permitted Goods. The Customer shall bear all costs associated with this.

• If circumstances permit, YETI SELF STORAGE will notify the Customer of such access, although YETI SELF STORAGE is not obligated to do so.

• YETI SELF STORAGE is never obligated to verify the access rights of any third party or any competent authority to the Self Storage Unit. In no event shall YETI SELF STORAGE be liable for any damage to the Permitted Goods resulting from law enforcement or inspections.

• The Customer acknowledges and accepts that it is fully responsible and liable for all actions of the persons who have access to the Self Storage Unit or who use the Customer’s access code and any reference to the “Customer” in these Terms and Conditions also includes a reference to such persons who shall be considered to be the Customer’s assigns or agents in this respect.

5. Duration of the Agreement

• Each Agreement is entered into for an initial fixed term of 1 month, unless otherwise agreed in the Agreement. Unless the Customer terminates the Agreement in writing no later than 15 days before the end of the initial term of 1 month, the Agreement will be extended after the expiry of the initial term of 1 month for successive periods of 1 month each. Both Customer and YETI SELF STORAGE have the option to terminate the Agreement at any time, subject to 15 days’ notice, except that the fee and costs due to YETI SELF STORAGE shall be and remain due for the month in which the Agreement would be terminated.

• By way of derogation from the previous article, in the context of an Agreement that qualifies as a “distance contract”, the Consumer has the right, if he or she so wishes, to withdraw from the Agreement without giving any reason within fourteen (14) days after it has been concluded.

• In order to exercise this right of withdrawal, the Consumer must communicate his or her decision to withdraw from the Agreement to YETI SELF STORAGE by means of an unequivocal written statement. In order to respect the withdrawal period, it is sufficient for the Consumer to send the notification regarding the exercise of his or her right of withdrawal before the withdrawal period of 14 days has expired.

• If a Consumer validly withdraws from the Agreement, YETI SELF STORAGE will proceed to reimburse all amounts received from this Consumer without undue delay, and in any event no later than 14 days after the day on which YETI SELF STORAGE was informed of the Consumer’s wish to withdraw from the Agreement. YETI SELF STORAGE will make this reimbursement in the same manner and with the same means of payment that the Consumer initially used when concluding the Agreement and in no case shall the Consumer have to bear the costs incurred as a result of this reimbursement.

• If the Consumer had requested YETI SELF STORAGE to start using the Self Storage Unit during the withdrawal period, the Consumer must pay YETI SELF STORAGE an amount of storage costs and fees that is proportionate to the period from the time he actually started using the Self Storage Unit to the date on which (i) informed the Customer as a Consumer of his or her decision to withdraw from the Agreement or (ii) has again effectively and completely vacated the Self Storage Unit and made it available to YETI SELF STORAGE.

6. Storage fees and costs, invoicing and (default) payment

• The storage fees and charges applicable to the Agreement and the Customer will be invoiced by YETI SELF STORAGE on a monthly basis on the anniversary of the effective date of the Agreement and for the following month of the Agreement. The Customer undertakes to pay the monthly storage costs and fees each month before the anniversary of the date of entry into force of the Agreement.

• At the conclusion of the Agreement, the Customer must in any case immediately pay the first invoice with all storage costs, service fees and costs related to the use of the Self Storage Unit during the first month. If the Customer starts using the Self Storage Unit after the 15th day of the month, the Customer will also owe the applicable costs and fees for the following month upon conclusion of the Agreement.

• The applicable costs and fees for the use of the Self Storage Unit shall remain unchanged during the first 6 months of the Agreement. Thereafter, YETI SELF STORAGE reserves the right to review and/or index these costs and fees every 6 months. The revised applicable costs and fees, as applicable, will apply to the Agreement from the month following the month in which the revision was communicated to the Customer. If the Customer is a Consumer and cannot agree to the price change, the Customer has the right to terminate the Agreement free of charge, subject to a notice period of 15 days. The Customer is then obliged to remove the Permitted Goods within 15 days and to deliver the Self Storage Unit tidy and clean.

• Both at and after the conclusion of the Agreement, YETI SELF STORAGE may ask the Customer to pay, as a guarantee for the proper compliance with the Agreement, a security deposit equal to at least 1 month of storage costs and fees. YETI SELF STORAGE may recover from the deposit all indefinite and expired invoices as well as all costs resulting from non-compliance with the Agreement. If necessary, the Customer must immediately replenish the deposit to the original amount. YETI SELF STORAGE will never pay interest on the deposit paid to the Customer.

• If payment of the monthly storage fee and fee has not been received or has not been received in full by the due date, YETI SELF STORAGE has the right to temporarily deny the Customer access to the Self Storage Unit until full payment is made. YETI SELF STORAGE also has the right to charge an administrative fee to the Customer who is not acting in the capacity of Consumer, in particular: EUR 20.00 for the first reminder and EUR 50.00 for each subsequent reminder or notice of default.

• If the storage costs and fees due under the Agreement are not paid each month at the latest on the anniversary of the date of entry into force of the Agreement, YETI SELF STORAGE shall be entitled to immediately:

• Replace the access code of the electric lock affixed to the Self Storage Unit and without the new access code being delivered to the Customer until any outstanding debt has been fully cleared (in principal, costs and interest) and the Customer has provided an appropriate security at the request of YETI SELF STORAGE, if any;
• To terminate the Agreement extrajudicially against the Customer and to charge the Customer a monthly occupancy fee for an amount equal to the storage costs and fee invoiced to the Customer in the last month prior to such extrajudicial termination;
• Remove the Permitted Goods from the Self Storage Unit at the Customer’s sole discretion in order to store or cause to be stored at the Customer’s expense and at the Customer’s expense in alternative storage locations, without any liability for any loss or damage resulting from such removal or transfer at YETI SELF STORAGE;

• The Customer agrees that, if he or she amends or terminates the Agreement prior to the commencement date, he or she will owe YETI SELF STORAGE an amount equivalent to 15 days of the storage costs and fees normally invoiced. Any balance of storage costs and fees initially paid at the conclusion of the Agreement will be refunded by YETI SELF STORAGE as soon as possible. However, such reimbursement is never made in cash and insurance costs paid are not refunded.

• If the payment of the monthly storage costs and fees has not been received or has not been received in full by the due date, YETI SELF STORAGE has the right to charge the following interest and costs:

• Referral interest on the basis of Article 5 of the Act of 2 August 2002 on “combating late payment in commercial transactions” and a fixed compensation of 10% on the outstanding amount in principal with a minimum of EUR 50.00 for the Customer company; or

• Interest on late payments that may not exceed the interest rate at the reference rate plus eight percentage points referred to in Article 5 of the law of 2 August 2002 on “combating late payment in commercial transactions” and a flat-rate compensation for the Consumer amounting to:

20. EUR 20.00 if the balance due is less than or equal to EUR 150.00;
21. EUR 30.00 plus 10% of the amount due in the bracket between EUR 150.01 and EUR 500.00 if the balance due is between EUR 150.01 and EUR 500.00;

• EUR 65.00 plus 5% of the amount due in the bracket above EUR 500.00 with a maximum of EUR 2000.00 if the balance due is higher than EUR 500.00.

7. Collateral in favor of YETI SELF STORAGE

• The Customer agrees that all Permitted Goods in the Self Storage Unit constitute collateral for YETI SELF STORAGE’s right to payment of the storage charges, fees and other YETI SELF STORAGE sums due, in that the Customer may be denied access to the Permitted Goods in the Self Storage Unit until receipt of full payment. The Customer also accepts that this security may result in the loss of ownership of the Permitted Goods in the Self Storage Unit.

• To this end, pursuant to this Agreement, the Customer grants to YETI SELF STORAGE (i) a conventional lien on the Permitted Goods and (ii) a lien on the Permitted Goods (in accordance with (i) the Act of 5 May 1872 on the revision of the dispositions concerning the Property and the Commission and (ii) the Act of 11 July 2013 amending the Civil Code with regard to security in rem on movable property – the latter referred to as the “Law of Pledge“”). In addition, YETI SELF STORAGE is entitled to all goods stored in the Self Storage Unit pursuant to Article 20, 1° of the Mortgage Act.

• The lien allows YETI SELF STORAGE to be paid in priority over the Customer’s other creditors from the proceeds of the realisation of the Customer’s Permitted Goods. In addition, the right of pledge also applies to all claims that replace the Permitted Goods and to the fruits thereof. The pledge guarantees all (existing and/or future) claims of the Customer arising from the Agreement, up to a maximum of the principal amount and the appurtenances such as interest, damage clause and (legal) costs of enforcement (on the understanding that Article 12, paragraph 2, of the Pledge Act applies to the Customer-Consumer).

• If the storage costs and fees due under the Agreement have not been paid within a period of 15 days after the scheduled due date or if the Self Storage Unit has not been vacated by the Customer within a period of 15 days after a notice of termination of the Agreement by YETI SELF STORAGE, YETI SELF STORAGE may exercise the right of lien. To this end, YETI SELF STORAGE will notify the Customer of the exercise of the right of pledge by registered letter and observe a waiting period of 10 days. This waiting period is limited to 3 days in the case of perishable Goods or in the case of Goods subject to rapid depreciation.

• After the waiting period, YETI SELF STORAGE will appoint a bailiff to sell the encumbered Permitted Goods. With regard to the Customer-Consumer, if the claims secured by the Goods are not paid on their due date, YETI SELF STORAGE, after having served a reminder on the Customer in accordance with the provisions of the Pledge Act, the court may request that the Goods encumbered by the pledge may be sold in whole or in part in satisfaction of the claim(s). If ordered by the court, YETI SELF STORAGE may, in turn, order a bailiff to sell the encumbered Goods by public or private auction.

• The proceeds of the sale of the exercise of the right of pledge will be used for the payment of the secured claim(s) of YETI SELF STORAGE and the reasonable costs of foreclosure. Any surplus of the proceeds will accrue to the Customer. If the Customer cannot be reached for this purpose or fails to claim or collect the balance of the proceeds, YETI SELF STORAGE will hold the balance of the proceeds on behalf of the Customer for a maximum period of 1 year after the sale, if any.

8. Prohibition of transfer of all or part of the Agreement or the Self Storage Unit

The Customer is not permitted to sublet all or part of the Self Storage Unit or to have it used by third parties in any way. The benefit of the Agreement is personal and the Customer agrees that it is forbidden to transfer the Agreement to any third party without the prior written consent of YETI SELF STORAGE. The right to use the Self Storage Unit can only be exercised by the Customer.

9. Liability

• The risk associated with the storage of Permitted Goods in the Self Storage Unit shall be borne at all times and exclusively by the Customer. YETI SELF STORAGE shall not be held liable for any damage to the Permitted Goods, nor shall YETI SELF STORAGE be liable for any other damage to goods or economic loss suffered by the Customer. YETI SELF STORAGE can never be considered as a sequestrian, custodian, warehouseman or guardian of the Customer and/or the Permitted Goods.

• YETI SELF STORAGE makes no warranties or assurances to the Customer with respect to the preservation, supervision or security of the YETI SELF STORAGE Site or the Self Storage Unit. YETI SELF STORAGE can therefore not be held liable for theft or damage to the Permitted Goods. YETI SELF STORAGE will not monitor the Permitted Goods and will not verify that the Permitted Goods are suitable for storage or that they comply with the legal provisions and the provisions and/or restrictions of this Agreement.

• YETI SELF STORAGE may permit inspections or controls by national, local, regulatory, or criminal authorities and agencies in the Self Storage Unit at any time. YETI SELF STORAGE shall not be liable for the consequences of such inspections or controls. Consequently (without any exceptions) there is no liability for damage to the Permitted Goods. The Customer shall at all times be liable for any damages that YETI SELF STORAGE may suffer as a result of the inspections or controls.

• The Customer shall indemnify YETI SELF STORAGE against any costs, claims, liabilities, damages or expenses suffered or incurred by YETI SELF STORAGE as a result of the Customer’s use of the Self Storage Unit, including, without limitation, any claims brought by any third party or government/agency resulting from the Customer’s misuse of a Self Storage Unit.

• The liability of YETI SELF STORAGE is in any case limited to (i) an amount equal to the storage fee and costs of the Self Storage Unit over a period of up to 6 months or as much shorter as the Agreement actually lasted at the time the liability arose, (ii) the amount for which the Customer has insured the Permitted Goods and/or his or her liability and a payment is obtained from the insurer of the Customer or (ii) the guarantees and/or interventions provided and honored by the insurers of the YETI SELF STORAGE.

• YETI SELF STORAGE shall never be liable for force majeure and/or extraneous causes, theft or damage to the Customer’s Permitted Goods or damage to the Permitted Goods caused by third parties, indirect or consequential damages suffered by the Customer including lost sales, lost profits, loss of opportunity, loss of anticipated savings, lost reputation or any damages resulting from the activities of other Customers or due to impediments in use of the Self Storage Unit caused by third parties.

10. Obligation to insure

• The Customer must at all times insure the Permitted Goods under this Agreement against at least loss, damage, fire, explosion, water damage, glass breakage, theft and other damage (including damage to third parties arising from a fault on the part of the Customer and/or a defect in the Permitted Goods) within the framework of an “all risks goods insurance” in order to determine the full and actual value (without regard to the intrinsic or emotional value) of the Permitted Goods under this Agreement. Insure goods for the entire duration of the Agreement. The Customer must also take out adequate insurance against claims in connection with neighbour nuisance.

• The Customer has the obligation to take out such insurance through the intermediary of YETI SELF STORAGE at the conclusion of the Agreement and to join the policy offered, unless the Customer can provide proof of such insurance already taken out as well as payment of the insurance premium to YETI SELF STORAGE at the time of conclusion of the Agreement. In this case, YETI SELF STORAGE will refund to the Customer any charges already paid to YETI SELF STORAGE for insurance. YETI SELF STORAGE may nevertheless require proof of the existence of the insurance policy and the payment of the premium at any time. The Customer must notify YETI SELF STORAGE in the event of any suspension or cancellation of an insurance policy and undertakes to stipulate in this policy a clause requiring the Customer’s insurer to notify YETI SELF STORAGE in a timely manner in the event of the policy being suspended or canceled.

• In any case, the Customer undertakes to waive any recourse against YETI SELF STORAGE and its contracting parties and undertakes to have insurers obliged to waive any means of recourse they may exercise against each other as a result of one of the disasters and related claims, as well as neighbour nuisance as mentioned above. The waiver of recourse does not apply in the event of gross negligence or gross negligence.

• The Customer shall always indemnify and hold harmless YETI SELF STORAGE and its contracting parties against any claims of recourse from its or its insurers, contracting parties, agents or third parties.

11. Maintenance and repairs

• YETI SELF STORAGE always has access to the Self Storage Unit in order to carry out work (or have it carried out by a third party) in connection with the maintenance, repairs, renovation, rearrangement or extension of or to the Self Storage Unit, including the installation of additional facilities.

• Renovation, repair and/or maintenance work of or on the Self Storage Unit does not constitute a defect on the part of YETI SELF STORAGE, even if these activities on the one hand (temporarily) limit or prevent the enjoyment and use of the Self Storage Unit and/or on the other hand cause YETI SELF STORAGE to gain access to the Self Storage Unit. The Customer shall tolerate the renovation, repair and/or maintenance work and give YETI SELF STORAGE the opportunity to do so, without the right to a reduction of the storage fee or costs, full or partial dissolution of the Agreement and/or the claim of damages, as a result of these works.

• The Customer shall take the necessary precautions to prevent damage to the Self Storage Unit and/or the property of any third party on the YETI SELF STORAGE site and shall immediately report any damage to YETI SELF STORAGE. In the event of damage to the property of third parties or to YETI SELF STORAGE, YETI SELF STORAGE is at all times entitled to carry out repairs (or have them carried out by a third party) at the expense of the Customer. The Customer agrees to pay the invoices for such repairs within 7 days of the sending of such invoice.

• In the event that YETI SELF STORAGE requires access to the Self Storage Unit or if the Permitted Goods need to be moved from the Self Storage Unit for the purposes set forth above, YETI SELF STORAGE will notify the Customer if time and circumstances permit. If necessary, YETI SELF STORAGE will request that the Customer move the Permitted Goods to another Self Storage Unit within a reasonable period of time. If the Customer fails to do so, YETI SELF STORAGE may, on its own initiative, enter the Self Storage Unit in order to move the Permitted Goods to another Self Storage Unit of its own accord, with due care but at the Customer’s risk.

12. Force majeure

If, as a result of force majeure, YETI SELF STORAGE is unable to perform the Agreement, it reserves the right to terminate the Agreement without any compensation being claimed. Force majeure is understood to mean the situation in which the execution of the Agreement is prevented in whole or in part, whether or not temporarily, by circumstances beyond the control of YETI SELF STORAGE, even if this circumstance was already foreseeable at the time of the conclusion of the Agreement. YETI SELF STORAGE is not obliged to prove the unaccountable and unforeseeable nature of the circumstance constituting the force majeure (e.g. and not limited to strike, war, lockout, weather conditions, etc.).

13. Termination of the Agreement

• In the event that the Customer (i) fails to comply with any obligation imposed by law, national or local regulations or customs, (ii) fails to perform his or her obligations under the provisions of this Agreement (including non-payment of storage fees and charges due), or (ii) is the subject of bankruptcy, collective debt settlement or other insolvency proceedings resulting in a concurrence of creditor; YETI SELF STORAGE has the right to terminate the Agreement at any time immediately and without any compensation without prejudice to its existing rights and remedies. In addition, YETI SELF STORAGE shall remain entitled to recover all losses, rents, fees and costs due from the Customer.

• In the event of termination of this Agreement by YETI SELF STORAGE as aforesaid, the Customer shall be notified of the termination and shall remove his or her Goods from the Self Storage Unit within 15 days of such notice.

• The Customer shall reimburse all costs actually incurred by YETI SELF STORAGE in connection with collection and compliance with the Agreement, with a minimum of 250.00 EUR for amounts up to 1,000.00 EUR to be increased by 100.00 EUR for each multiple of 500.00 EUR above 1,000.00 EUR. These amounts shall be limited in accordance with Article XIX.4, 2° of the Belgian Code of Economic Law in the case of a Consumer. 

14. End of Agreement

• At the end of the Agreement, the Customer is obliged to return the Self Storage Unit to YETI SELF STORAGE clean, completely cleared, unlocked and in the same condition as on the commencement date of the Agreement (taking into account normal wear and tear). If the Customer fails to do so, the Customer will reimburse the costs incurred by YETI SELF STORAGE in order to repair any damage. The Customer must remove all Goods from the Self Storage Unit.

• All Goods left by the Customer in the Self Storage Unit after termination of the Agreement shall be deemed to have been transferred or surrendered by the Customer either “free of charge” to YETI SELF STORAGE. The Goods and items left behind will be removed by YETI SELF STORAGE at the Customer’s expense. The Customer remains fully liable for all costs and damages arising from the abandonment of these Goods. YETI SELF STORAGE is hereby fully authorized by the Customer to sell the Permitted Goods, if any.

15. Notices and change of address

From the commencement of the Agreement, YETI SELF STORAGE may, in its sole discretion, address any communications or communications to the Customer either by mail (at the address specified in the Agreement) or by email or other electronic means (at the email address or any other electronic address communicated by the Customer). The Customer must notify YETI SELF STORAGE in writing of any change to his or her mailing address, electronic address or telephone number prior to such change taking effect.

16. VAT treatment

The Agreement is subject to VAT. For the Consumer, all prices communicated to the Customer in the context of this will be understood as including VAT (together with all related costs). For a business-Customer, VAT is not included in the costs and fees charged by YETI SELF STORAGE.

17. Change of circumstances

In the event of unforeseeable circumstances beyond the control of YETI SELF STORAGE that lead to a significant disruption of the economic equilibrium of the Agreement compared to the situation existing at the time of its conclusion, YETI SELF STORAGE shall be entitled to request the Customer in writing to renegotiate the Agreement. If YETI SELF STORAGE and the Customer have not reached an agreement within one month of the request for renegotiation, YETI SELF STORAGE shall be entitled to terminate the Agreement immediately and free of charge without judicial intervention.

18. Intellectual property rights

The products and/or services provided by YETI SELF STORAGE (including brands, logos, designs, drawings, data, product and/or company names, texts, images, software, etc.) are protected by intellectual property rights (including copyright and trademark rights) belonging to YETI SELF STORAGE or to third parties who have authorized their use to YETI SELF STORAGE. The Customer is not entitled, for any reason whatsoever, to modify, copy, distribute, transmit, distribute, reoffer, reproduce, publish, license, transfer or sell any information or content obtained, nor to create derivative works from the aforementioned elements,  unless YETI SELF STORAGE has given its express consent to do so. The provision of services by YETI SELF STORAGE does not imply any transfer or provision of its intellectual property rights. Any infringement of intellectual property rights may be prosecuted civilly and criminally in accordance with applicable law.

19. Use of personal data

YETI SELF STORAGE will use the Customer’s personal information in accordance with the privacy policy set forth on the Website, which is part of these Terms and Conditions and the Agreement. YETI SELF STORAGE operates as a data processor and the Customer as a data controller for the processing of all personal data in accordance with applicable law. YETI SELF STORAGE processes personal data only on the documented instructions of the Customer and takes appropriate technical and organizational measures against unauthorized or unlawful processing or the accidental loss, destruction or unauthorized access to it. The Customer may request YETI SELF STORAGE to copy, correct, or delete personal data.

20. Governing Law and Disputes

These Terms and Conditions, as well as all other Agreements between YETI SELF STORAGE and the Customer, are exclusively governed by Belgian law, to the exclusion of the Vienna Sales Convention. All disputes between YETI SELF STORAGE and the Customer regarding the Agreement, Terms and Conditions as well as all other agreements arising therefrom, shall be subject to the exclusive jurisdiction of the courts and tribunals of the judicial district in which the Self Storage Unit is located. This is without prejudice to the right of YETI SELF STORAGE to sue any other court of competent jurisdiction in accordance with applicable law. With regard to Consumers, (i) the Customer-Consumer has the right to submit any dispute to the courts and tribunals of the judicial district where the Customer-Consumer resides or where YETI SELF STORAGE is located and (ii) YETI SELF STORAGE can only sue the Customer-Consumer before the courts and tribunals of the judicial district where the Customer-Consumer resides.

21. General Provisions

• If any provision of this Agreement should be held to be illegal, void or unenforceable, in whole or in part, under any provision of any applicable law, such provision shall cease to form part of this Agreement. The legality, validity and enforceability of the remaining provisions of this Agreement shall be conserved. If the illegality, nullity or unenforceability of this clause would affect the substance of this Agreement, each party to the Agreement shall use his or her best efforts to immediately and in good faith agree on a valid clause to replace the former.

• The Customer has received these Terms and Conditions in full from YETI SELF STORAGE and accepts that these Terms and Conditions apply to all services provided by YETI SELF STORAGE under this Agreement. These Terms and Conditions are also available in paper form or online via the YETI SELF STORAGE website.

• YETI SELF STORAGE is entitled to modify these Terms and Conditions (the Customer will be notified by post, email or YETI SELF STORAGE’s website prior to the implementation of any changes). Modified Terms and Conditions will apply 1 month after notice is received from YETI SELF STORAGE or notice is posted on the YETI SELF STORAGE WEBSITE. The Customer will be deemed to agree to the changes, unless the Customer has notified YETI SELF STORAGE in writing within the aforementioned 1-month period that it does not agree with the changes. In the event of an intended amendment of the Terms and Conditions, the Customer is entitled to terminate the Agreement as of the effective date of the amended Terms and Conditions, subject to a notice period of 15 days.

• All obligations under the Agreement shall be deemed to be jointly and severally liable when the Customer consists of 2 or more natural or legal persons.

RULES AND REGULATIONS YETI SELF STORAGE BV

In addition to the applicable Terms and Conditions, YETI SELF STORAGE BV uses internal regulations to concretize the operation of the company. Unless otherwise defined, the terms in the internal regulations have the same meaning as those in the Terms and Conditions.

1. Entering and exiting the YETI SELF STORAGE site

The Customer has the option to reserve a Self Storage Unit through the YETI SELF STORAGE website. The Customer will be required to create an account in which personal data must be provided. The Customer also has the option of reserving a Self Storage Unit by telephone and/or on site. YETI SELF STORAGE reserves the right to charge an additional fee for this service at the conclusion of the Agreement.

After booking the Self Storage Unit, the Customer will be automatically redirected to the online payment tool of the YETI SELF STORAGE website. The Customer can choose from the following payment methods: (i) bank contact, (ii) SEPA, (iii) credit card or (iv) debit card.

After payment, the Customer will receive a personal access code that allows access to the premises of YETI SELF STORAGE (hereinafter the “YETI SELF STORAGE site“) via an application. Each time the Customer wants access to the Self Storage Unit, the Customer will have to use the application. The Customer has the option to share access with third parties and a possibility to re-program. The Customer will always be responsible for the third parties to whom additional access is given. 

The Customer or a third party shall at all times ensure that all doors and gates are closed after entering or leaving the YETI SELF STORAGE site.

The Self Storage Unit is accessible to the Customer during the hours and days indicated on the YETI SELF STORAGE site, specifically between 7:00 a.m. and 10:00 p.m. Access outside of these hours is not permitted unless the Customer has received prior authorization from YETI SELF STORAGE. YETI SELF STORAGE will charge an additional monthly fee for this service provided.

The Customer can only start using a new Self Storage Unit during the specified opening hours.

YETI SELF STORAGE is not responsible for any temporary disruptions due to force majeure with respect to access to the YETI SELF STORAGE and/or any disruption to use on the YETI SELF STORAGE site (e.g. without limitation strike, war, lockout, weather conditions, etc.).

2. Customer’s access to the Self Storage Unit

Each Self Storage Unit is secured with a specially designed security and access system, which can be operated via an application. Access expires automatically when payments have not been made. The YETI SELF STORAGE security and access system works with a Bluetooth connection to the Customer’s smartphone. When the security and access system connects to the Customer’s smartphone, the Customer will be able to use the application to enter the YETI SELF STORAGE Site and/or access the Self Storage Unit. YETI SELF STORAGE does not have any physical keys that give it access to the Self Storage Unit. The Customer is solely responsible for properly shutting down the Self Storage Unit.

3. Procedure in case of emergency/fire

It is the responsibility of each Customer to familiarise themselves with the safety procedures in the event of an emergency or fire and to familiarise themselves with the fire and escape routes. The emergency exit is clearly marked. The Customer must never block this emergency exit with goods and must leave this exit free at all times.

In the event of misuse, YETI SELF STORAGE will recover from the Customer all costs incurred as a result.

4. Inside the YETI SELF STORAGE site

Parking is only allowed in the designated areas. Within the YETI SELF STORAGE site, traffic rules apply.

There is a strict no-smoking policy within the YETI SELF STORAGE site.

The use of any equipment made available by YETI SELF STORAGE is always at Customer’s own risk. The Customer must ensure that it is never used or operated by children or incapacitated persons. Such material owned by YETI SELF STORAGE may never be stored in a Self Storage Unit by the Customer under penalty of a fine of EUR 30.00 per part per day.

Within the YETI SELF STORAGE site, children are not allowed to be left alone anywhere.

Goods in the Self Storage Unit must always be stored in a safe manner, without exerting pressure on the walls and without being anchored in or against them in any way.

YETI SELF STORAGE is not responsible and does not accept any liability for injuries and/or damage caused by or to the Permitted Goods.

YETI SELF STORAGE has no obligation to take delivery of Permitted Goods for the Customer.