Cityvarasto Oyj

Storage Rental Conditions

Effective from 9 Aug 2023

These storage space lease terms and conditions (”Lease Terms”) apply to the lease agreement (”Lease Agreement”) between Cityvarasto Ltd and the Lessee regarding storage space, storage spaces, or locker.

By signing the Lease Agreement or approving electronically, the Lessee confirms having read and accepted these Lease Terms and agreeing to comply with them. The Lessor holds the right to update and change these Lease Terms by notifying the Lessee of the change coming into force at the e-mail address last provided to the Lessor at least one (1) month before the changes are effective

In addition to the Lease Terms, the Lessee has familiarized themself with the Lessor’s valid instructions regarding the use of storage space and other facilities, as well as the packing and storage of goods. In addition, the Lessee has familiarized themself with the valid service price list.

The Lease Terms are drawn up in Finnish and English languages. In the event of contradictions, the Finnish text of the Lease Terms shall prevail.

1. LEASE AGREEMENT AND BEGINNING OF THE LEASE PERIOD

1.1 Two identical copies of the Lease Agreement are made, one for each party.

1.2 The Lessee must notify the Lessor of their contact information and any change to it without delay.

1.3 The Lessor can validly send notices, communications, invoices, and payment reminders to the e-mail address last provided by the Lessee to the Lessor. The Lessee is considered to have received the information about said messages on the day the message was sent.

1.4 In case the Lease Agreement is made in the name of a company, and the signatory does not have the required authorization, the Lessor has the right to consider the signatory of the Lease Agreement as a party to the agreement in the event that the Lease Agreement does not bind the company.

1.5 The Lessor holds the right to check the Lessee’s credit information.

2. LEASED SPACE

2.1 Leased space refers to storage space leased by the Lessee or to other space defined in the Lease agreement (”Leased Space”). When the Leased Space referred to in the Lease Agreement is a post locker or postal box, sections 5.3, 11, and 16.2 of these Lease Terms do not apply to the Lease Agreement in question.

2.2 The rent of the Leased Space includes the right to use the yard area, loading areas, corridors, social welfare facilities, and other spaces defined as common facilities (“Common Facilities”) of the Cityvarasto location in question in accordance with section 3.7.

2.3 The Leased Space is leased in the same condition and size as it was at the time of signing the Lease Agreement.

2.4 In the occasion the Leased Space is separately agreed in the Lease Agreement to be leased heated, heating is included in the rent. The Lessee’s possible other need for energy and water consumption or other incurred costs must always be agreed upon in writing with the Lessor separately.

2.5 The Lessor holds the right, for a justified reason, with one (1) month’s notice, to assign to the Lessee a new Leased Space of approximately the same or larger size from the same or another Cityvarasto location in the same economic area.

3. USE OF LEASED SPACE AND COMMON FACILITIES

3.1 The Lessee has access to the Leased Space and Common Facilities during the applicable opening hours of the Cityvarasto location in question.

3.2 The Lessee undertakes to use and maintain the Leased Space and Common Facilities carefully in accordance with the usage instructions and regulations provided by the Lessor. The Lessee holds the right to use the Leased Space only for the purpose of storing goods.

3.3 The Lessee ensures and is responsible for ensuring that the persons accompanying them in the Leased Space and/or Common Facilities comply with these Lease Terms.

3.4 Using the Leased Space or the Common Facilities for the purpose of manufacturing, maintenance, or construction, among other things, is prohibited. Maintenance of a vehicle in the Leased Space and the Common Facilities is prohibited.

3.5 The floor load in the Leased Space or Common Facilities (excluding the yard area) must not exceed 200 kg/m2 or a value otherwise determined by the Lessor. For example, the load-bearing capacity of a cubic storage, post locker, or postal box is significantly lower.

3.6 The Lessee holds no right to make changes to the Leased Space’s structures. Attaching to the walls, floor, or ceiling, otherwise making holes in them, or otherwise damaging the Leased Space is prohibited. For example, any shelves used in the Leased Space must be free-standing on the floor.

3.7 The Lessee holds the right to use the Common Facilities to move around and transport goods. It is prohibited to use Common Facilities, for example, to store goods or for other personal purposes of the Lessee.

3.8 The Lessee must ensure that the main doors, exterior doors, access doors, and gates used by the Lessee during their visit to the Leased Space and Common Facilities are closed. Doors in Common Facilities marked as fire doors must be kept closed.

3.9 Unauthorized and overnight stays in the Leased Space or Common Facilities are strictly prohibited.

3.10 The Lessee holds no right to affix or use signs, texts, logos, images, or other visible symbols related to their activities outside the Leased Space.

3.11 Smoking in the Leased Space or Common Facilities is strictly prohibited.

3.12 The Lessee must take their garbage and other waste to the waste receptacles, waste station, or municipal waste sorting station. For the sake of clarity, it is stated that the Lessor does not offer waste management to the Lessee unless otherwise agreed in writing.

4. LEASE AGREEMENT SUBJECT TO VALUE-ADDED TAX

4.1 In case the Lease Agreement is subject to VAT, the Lessee undertakes to continuously use the Leased Space for the purposes entitling to a VAT deduction and to notify the Lessor without delay of any change in the purpose of use of the Leased Space.

4.2 The Lessee is obliged to compensate Lessor for damages and direct and indirect costs caused by the Lessee’s use of the Leased Space for purposes other than those that entitle to a VAT deduction, including delay costs.

5. GOODS TO BE STORED IN THE LEASED SPACE AND USE OF GOODS AS SECURITY

5.1 The Lessee holds the right to store goods only in the Leased Space specified in the Lease Agreement for the duration of the lease period agreed in the Lease Agreement.

5.2 The Lessee holds the right to store in the Leased Space only goods owned by the Lessee and not subject to third-party liens or other rights.

5.3 The Lessor holds a lien on the goods the Lessee stores in the Leased Space as a security for its receivables and all the Lessee’s obligations under the Lease Agreement. The conditions regarding the sale of goods are in section 11.

5.4 The Lessee holds the right to store only dry piece goods in the Leased Space.

5.5 It is prohibited to store foodstuffs, illegal substances and goods, explosives, substances and goods that are flammable or harmful to the environment or health, as well as organic substances and goods in the Leased Space, or bring them into the Common Facilities. Suppose the Lessor or Lessor’s service provider assesses that an item may harm people, the environment, or the property. In that case, the Lessee must immediately remove the item in question from the Leased Space and Common Facilities.

5.6 The Lessor holds the right to remove goods left in the Common Facilities or otherwise stored in breach of these Lease Terms and to collect a fee for the measure in accordance with the service price list. The Lessor keeps the goods for 14 days, after which the Lessor holds the right to dispose or liquidate the goods as they deem appropriate.

6. RESPONSIBILITY FOR GOODS IN THE LEASED SPACE AND INSURANCE

6.1 The Lessee undertakes to comply with all instructions and regulations provided by the Lessor regarding storing goods in the Leased Space.

6.2 It is the Lessee’s duty to ensure that the Leased Space is suitable for storing the Lessee’s goods due to its conditions and characteristics. The conditions of the Leased Space may vary, for example, in terms of temperature and humidity. In case the Leased Space is a cold leased storage space or storage container, the Lessee considers that the Leased Space is neither heated nor thermally insulated, and, therefore, there may be particularly significant fluctuations in the temperature and humidity conditions of the Leased Space. In addition, the properties of the Leased Space, such as the load-bearing capacity of the floor or the base, may vary, and the Lessee must take into account the load-bearing limitations of, for example, the City container, storage container, cubic storage, post locker, and postal box.

6.3 Insuring the goods stored by the Lessee in the Leased Space is the sole responsibility of the Lessee. The Lessee is responsible for ensuring that the goods stored in the Leased Space are adequately insured at any given time.

6.4 The Lessor is not responsible for damage or loss of goods stored by the Lessee.

7. ACCESS TO LEASED SPACE, RIGHTS OF ACCESS AND SURVEILLANCE

7.1 The Lessee’s right of access to the Common Facilities is activated, and the right to manage the Leased Space begins at the time agreed in the Lease Agreement, provided that the Lessee has paid the first month’s Rent (definition below) and delivered the security deposit agreed in the Lease Agreement.

7.2 The Lessee is responsible for locking the Leased Space with their padlock or a lock provided by the Lessor. The Lessee holds the right to lock only one of the locks on the door of the Leased Space, which has two deadbolts. In case the Lessee leaves the Leased Space unlocked, the Lessor holds the right to lock the Leased Space and charge the Lessee a service fee according to the service price list valid at any given time.

7.3 The Lessee must hold their activated access right carefully so that the access right does not fall into the possession of an outsider. In case the Lessee suspects that the access right has been lost or passed to an outsider, the Lessee is obliged to notify the Lessor immediately.

7.4 The Lessor holds the right to block the Lessee’s right of access to the Common Facilities if the Lessee breaches these Lease Terms or for any other justified reason.

7.5 The Lessor maintains various video and audio surveillance systems in the Common Facilities to prevent misuse and maintain comfort, considering the Lessee’s privacy.

7.6 The Lessor holds the right to access the Leased Space i) for necessary inspection, maintenance, and repair measures, ii) in a situation where the Lessor suspects that the space is being used in breach of these Lease Terms, legislation, or authority regulations, and iii) for the purpose of taking over the Leased Space and selling the goods in the Leased Space in accordance with section 11.

8. RENT AND PAYMENT OF RENT

8.1 The amount of rent paid by the Lessee for the Leased Space and other possible payments agreed for additional services (rent and all possible payments agreed for additional services, hereinafter “Rent”) is determined in accordance with the Lease Agreement.

8.2 The Lessee pays the Rent in advance once a month by the due date to the bank account designated by the Lessor.

8.3 The Lessor holds the right to change the amount of the Rent. The Lessee is notified of the change at least 30 days before the change takes effect.

8.4 In the event the Lessee does not pay the Rent in accordance with the Lease Agreement by the due date, the Lessor holds the right to collect from the Lessee the annual default interest determined according to the Interest Act on the unpaid amount of the Rent from the due date until the payment date, as well as reasonable collection costs. In addition, the Lessor holds the right to close the Lessee’s access rights to the Common Facilities in the said situations.

8.5 The Lessor holds the right to transfer open Rent and other receivables to a debt collection company. The Lessee is obliged to pay the Lessor and the debt collection company the collection costs incurred at any given time.

8.6 In case the Lessee has not paid the overdue Rent 60 days after the due date, the Lessor holds the right to unlock the Leased Space at the Lessee’s expense, take control of the Leased Space, and the goods in the Leased Space by locking the Leased Space with their lock and sell the goods in the Leased Space in accordance with section 11. In addition, the Lessor holds the right to terminate the Lease Agreement with immediate effect in the said situation.

9. SECURITY DEPOSIT

9.1 When a security deposit has been separately agreed in the Lease Agreement, the Lessee shall pay the Lessor the financial deposit specified in the Lease Agreement as security for all their obligations under the Lease Agreement. The Lessee pays the deposit as a bank transfer to the bank account indicated by the Lessor.

9.2 The use of the Leased Space requires the Lessee to be able to demonstrate to the Lessor that the security deposit specified in the Lease Agreement has been paid.

9.3 The Lessor holds the right to set off from the security deposit their open Rent and other receivables, collection costs, and other damages and costs caused by the Lessee’s breach of agreement.

9.4 The security deposit shall be refunded to the Lessee within a reasonable time after the end of the Lease Agreement, provided that the Leased Space has been handed over to the Lessor’s control in accordance with the Lease Agreement and these Lease Terms, and the Lessor has no claims against the Lessee related to the Lease Agreement. The condition for refunding the security deposit is that the Lessee informs the Lessor of their bank account number.

10. TERMINATION OF THE LEASE AGREEMENT AND HANDOVER OF THE LEASED SPACE

10.1 Fixed-term lease agreement: The Lease Agreement terminates at the end of the period agreed in the Lease Agreement. The Lessee is obliged to empty and clean the Leased Space and remove their padlock from the Leased Space’s door and/or return the keys to the Leased Space by the end of the last day of validity of the Lease Agreement within the opening hours of the Cityvarasto location in question. In the event the Lessee does not act accordingly, the Lessor holds the right to consider the Lease Agreement to continue as an agreement valid for an indefinite period.

10.2 Lease agreement valid for an indefinite period: Unless otherwise agreed in the Lease Agreement, the lease period and, at the same time, the rent payment period is one month long (e.g., January 18 – February 17). It is possible to terminate the Lease Agreement at the end of the lease period by terminating the agreement at least 14 days before the end of the lease period (for example, if the Lease Agreement began on January 18 and the Lessee no longer needs the storage at the end of April, the Lessee must then terminate
the Lease Agreement no later than April 3, in which case the last period and rent payment period is March 18 – April 17). The notice period is mutual. Termination must be done in writing, either by e-mail or mail. Lease Agreement valid for an indefinite period can also be terminated in the My account service. The Lessee must remove their goods from the Leased Space and the Common Facilities, clean the Leased Space and remove their padlock from the door of the Leased Space by the end of the last day of the lease agreement period within the opening hours of the Cityvarasto location in question.

10.3 At the end of the Lease Agreement, the Leased Space must be handed over in the same condition as it was at the beginning of the Lease Agreement.

10.4 In case the Lessee neglects their obligations referred to above in this section 10, the Lessor holds the right to carry out the necessary work and measures and to charge the Lessee the fees for the measures and other incurred costs according to the service price list valid at any given time.

10.5 After the end of the Lease Agreement, the Lessor holds the right to access the Leased Space and, for this purpose, remove any lock on the Leased Space at the expense of the Lessee. In addition, the Lessor holds the right to sell any goods left behind by the Lessee in the Leased Space in accordance with section 11.

11. TAKEOVER OF THE LEASED SPACE AND SALE OF THE LESSEE’S GOODS

11.1 In the situations referred to in clauses 8.6 and 10.5 above and below in clause 14.3, the Lessor holds the right to take control of the Leased Space by locking the Leased Space with their lock and to sell the goods in the Leased Space as they deem appropriate without judgments issued by the court.

11.2 The funds obtained from the sale can be used to cover overdue Rent and other receivables from the Lessee, possible claims for damages, and costs incurred from the sale. The Lessor shall account for any remaining amount to the Lessee upon their request. The Lessee must submit a written request for settlement with proof no later than three (3) months after the sale, after which time the Lessee loses their right to the settlement of the remaining amount. No interest is paid on any remaining amount.

11.3 In case the funds obtained from the sale are not sufficient to cover the receivables and the costs incurred from the sale, the Lessor holds the right to collect the remaining amount from the Lessee.

11.4 The Lessee takes into account that the funds obtained from the sale are usually significantly lower than the current prices of the goods to be sold. The Lessee does not hold the right to demand compensation from the Lessor on this basis.

11.5 The Tenant is responsible for the Rent of the Leased Space until the moment of sale or, in case the Lease Agreement does not end until later, until the end date of the Lease Agreement.

12. TRANSFER OF AGREEMENT

12.1 The Lessee does not hold the right, without the Lessor’s prior written consent, to transfer their lease right, sublet, relet, or otherwise transfer the Leased Space. The prohibition referred to here also applies to business handover situations.

12.2 The Lessor always holds the right, without consulting the Lessee, to transfer the Lease Agreement in whole or in part to a third party by notifying the Lessee.

13. BREACHES OF AGREEMENT

13.1 If the Lessee breaches these Lease Terms or otherwise acts contrary to them, the Lessor holds the right to cancel the Lessee’s access rights to the Common Facilities and lock the Leased Space with their lock. In addition, the Lessor holds the right, in addition to what is mentioned in section 8.6 above and without limiting the Lessor’s right to other grounds for termination according to law, to terminate the Lease Agreement with immediate effect.

13.2 Suppose the Lessee breaches these Lease Terms, and the Lessor holds the right to terminate the Lease Agreement. In that case, the Lessor holds the right in the said situation to terminate other lease agreements concluded between the Lessor and the Lessee with immediate effect.

14. LIABILITY FOR DAMAGES

14.1 The Lessee is responsible for all damages caused to the Leased Space, Common Facilities, and other leased spaces and the goods stored in them, including damages caused by the goods stored in the Leased Space.

14.2 In case the Lessee causes damage to the Lessor through their breach of agreement, the Lessee shall be liable to the Lessor for direct and indirect damages caused by their breach of agreement, including damage caused by the Lessor not having the opportunity to relet the Leased Space after the end of the Lease Agreement due to the Lessee’s breach of agreement.

14.3 If the Lessor has a more than minor claim for damages due to the Lessee's breach of agreement, the Lessor holds the right to sell the goods stored by the Lessee in the Leased Space to fulfil the claim in accordance with section 11.

14.4 In case the Lessee causes a false fire or burglary alarm with their actions, they are obliged to pay a fee according to the valid service price list at any given time and to compensate all other costs arising from the alarm.

14.5 The Lessor is not responsible for temporary interruption or disturbance of the use of the Leased Space caused by reason beyond its control, nor for other damage. Among other things, situations of force majeure are considered such a reason. Force majeure refers to, among other things, fires, and fire alarms, exceptional circumstances referred to in the State of Defence Act or Emergency Powers Act, industrial action measures, exceptional weather conditions, use restrictions or prohibitions imposed by the authority, interruptions, or restrictions in the supply of electricity and heat, leaks, blockages, or other similar circumstances.

14.6 In all cases, the Lessor's liability is limited to direct damage only.

15. CUSTOMER DATABASE

15.1 The Lessor acts as the register holder in accordance with data protection legislation and processes personal data in accordance with the applicable data protection legislation.

15.2 The privacy policy is available on the Lessor’s website.

16. OTHER TERMS AND CONDITIONS

16.1 In case the Lessee wants to deviate from the Lease Agreement and the Lease Terms, they must have the Lessor's prior written consent.

16.2 To the extent that the Lease Agreement or the Lease Terms have not stated otherwise, the applicable Act on Commercial Leases at any given time shall be complied with.