Terms
In these terms and conditions, the following words have the following meanings:
Agreement: The Self Storage Licence Agreement incorporating these Conditions;
The Company (We, Us, Our): We, Us, Our, A Space Station plc (Space Station) and any associated companies trading as Space Station Self Storage
The Customer (You, Your): the person, persons or corporate body that enters into the Agreement with The Company;
The Store: the premises at which the Goods are stored;
The Room: Your private storage space within the premises of the Company at the Store;
The Goods: anything You store in the Room at any time during the period of the Agreement;
The Alternative Contact Person (ACP): the person or persons you authorise us to contact if We are not able to contact You
Conditions: these Self Storage Terms and Conditions.
Storage:
1. So long as all fees are paid up to date, The Customer: (a) is licensed to store Goods in the Room allocated to The Customer by THE COMPANY from time to time and only in that Room; (b) is deemed to have knowledge of the Goods in the Room; and (c) warrants that it is the owner of the Goods in the Room and/or entitled at law to deal with them in accordance with all aspects of this Agreement as agent for the owner.
2. THE COMPANY: (a) does not have and will not be deemed to have knowledge of the Goods; (b) is not a Bailee or neither a custodian nor a warehouseman of the Goods and The Customer acknowledges that THE COMPANY does not take possession of the Goods; and (c) does not grant any lease or tenancy of the Room.
Cost:
3. The Customer must pay the Deposit on signing this Agreement. The Deposit (or the balance of it after any appropriate deductions for unpaid Fees, repairs, cleaning or other charges to put right any breach of this Agreement by The Customer) will be refunded by electronic transfer within 21 days of termination of this Agreement.
4. The Customer is responsible to pay: (a) the storage fees and charges (being the amount set out in the licence agreement or as most recently notified to The Customer by THE COMPANY) payable in advance on the first day of each storage period (Due Date) and it is The Customer's responsibility to see that payment is made directly to THE COMPANY on time and in full throughout the period of storage. Any storage fees or charges paid by direct transfer will not be credited to The Customer’s account unless The Customer identifies the payment clearly and as directed by THE COMPANY and THE COMPANY shall have no liability to and shall be indemnified by The Customer if THE COMPANY takes steps to enforce the Agreement (including the sale of Goods) due to The Customer’s failure to identify a payment. THE COMPANY will not accept that payment has been made until it has received cleared funds and, if any payment is later dishonoured, may charge the Payment Returned Unpaid Fee; (b) any cleaning fee or charges for repairs, to be invoiced at THE COMPANY’s discretion as per clause 19; (c) a Late Payment Fee each time a payment is late; (d) any costs incurred by THE COMPANY in collecting late or unpaid storage fees and charges or in enforcing this Agreement in any way, including but not limited to postal, telephone, Room inventory, debt collection, personnel and/or default action costs and associated legal and professional fees; and (e) any government taxes or charges (including any value added tax) levied on any supplies made under this Agreement. Where The Customer has more than one agreement with THE COMPANY, all will form one account with THE COMPANY and THE COMPANY may in its sole discretion elect to apply any payment made by or on behalf of The Customer on this agreement against the oldest Debt due from The Customer to THE COMPANY on any agreement in the account.
Default – The right to sell or dispose of goods:
5. THE COMPANY takes the issue of prompt payment very seriously and has a right of lien. Regardless of Condition 35, if any sum owing to THE COMPANY is not paid when due, The Customer authorises THE COMPANY without further notice to: (a) refuse The Customer and its agents access to the Goods, the Room and the Store and overlock the Room until the amount due and other fees related to it (Debt) have been paid in full; (b) enter the Room and inspect and/or remove the Goods to another Room or site and to charge The Customer for all reasonable costs of doing so on any number of occasions; and (c) apply the Deposit against the Debt and, if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Condition 7.
5.1.The Customer acknowledges that (a) THE COMPANY shall be entitled to continue to charge for storage from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) THE COMPANY will sell the Goods as if THE COMPANY was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if The Customer does not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which The Customer has received will be payable by The Customer in full.
6. On expiry or termination of this Agreement, if The Customer fails to remove all Goods from the Room, THE COMPANY is authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 7 to 9. The Customer is liable for storage fees and costs for the period from abandonment to the sale or disposal of the Goods together with any costs of disposal (Debt).
7. Before THE COMPANY sells or disposes of the Goods, it will give The Customer notice in writing directing to The Customer to pay (if The Customer is in default) or collect the Goods (if they are deemed abandoned). This notice will be sent by registered or recorded delivery to the address last notified by The Customer to THE COMPANY in writing or by email at Our sole discretion unless You have specifically elected not to receive such notifications or correspondence by email on the Agreement. If no address within the UK has been provided, THE COMPANY will use any land or email address it holds for The Customer and any ACP. If The Customer fails to pay the Debt and/or collect the Goods (as appropriate) THE COMPANY will access your space and begin the process to sell or dispose of the Goods. The Customer consents to and authorises the sale or disposal of all Goods without further notice regardless of their nature or value. THE COMPANY will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. THE COMPANY may also require payment of default action costs, including any costs associated with accessing the Room and disposal or sale of the Goods, which shall be added to the Debt.
8. Sale proceeds will be applied first against the cost of removal and sale of Goods and second to pay the Debt. If sale proceeds do not discharge all of these costs and the Debt, The Customer must pay THE COMPANY the balance within 7 days of a written demand from THE COMPANY. THE COMPANY may take action to recover the balance and any legal and administration costs incurred in doing so. If sale proceeds exceed the amount due from The Customer, THE COMPANY will hold the balance for The Customer but no interest will accrue on it.
9. If, in the opinion of THE COMPANY and entirely at the discretion of THE COMPANY, a defaulting customer’s Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, The Customer authorises THE COMPANY to treat the Goods as abandoned and THE COMPANY may dispose of all Goods by any means at The Customer’s cost. THE COMPANY may dispose of The Customer’s Goods in the event that Goods are damaged due to fire, flood or other event that has rendered them, in the opinion of the THE COMPANY, severely damaged, of no commercial value, or dangerous to persons or property. THE COMPANY does not need the prior approval of The Customer to take this action but will send Notice to The Customer within 7 days of assessing the goods
10. Any items left unattended in common areas or outside The Customer’s Room at any time may at THE COMPANY’s discretion be moved, sold or disposed of immediately with no liability to THE COMPANY.
Access:
11. The Customer has the right to access the Room during Access Hours as posted by THE COMPANY and subject to the terms of this Agreement. THE COMPANY will try to provide advance warning of changes to Access Hours by notice at the Store but reserves the right to change Access Hours temporarily to other reasonable times without giving prior notice.
12. Only The Customer or others authorised or accompanied by The Customer (its Agents) may access the Room. The Customer is responsible for and liable to THE COMPANY and other users of the Store for its own actions and those of its Agents. THE COMPANY may (but is not obliged to) require proof of identity from The Customer or any other person at any time and, at THE COMPANY’s sole discretion, may refuse access to any person who is unable to produce satisfactory proof.
13. THE COMPANY may refuse The Customer access to the Room and/or the Store where moneys are owing by The Customer to THE COMPANY, whether or not a formal demand for payment has been made, or if THE COMPANY considers the safety or security of any person, Room or goods on or at the Store has been threatened or may be put at risk.
14. The Customer should not leave a key with or permit access to the Room to any person other than its own Agent who is responsible to The Customer and subject to its control. If The Customer does so, it does so at its own risk.
15. The Customer authorises THE COMPANY and its agents and contractors to enter the Room in the following circumstances and to break the lock if reasonably necessary to gain entry: (a) on not less than 7 days’ notice to inspect or carry out repairs or alterations to the Room or any other part of the Store; (b) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property; or if THE COMPANY believes the Room is being used to store prohibited goods or for a prohibited purpose; or if THE COMPANY is obliged to do so by law, including by the Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order; or to relocate the Goods or exercise THE COMPANY’s lien or power of sale or disposal in accordance with this Agreement.
Conditions:
16. The Customer will be solely responsible for providing a secure padlock for the Room and ensuring it is locked so as to be secure from unauthorised entry at all times when The Customer is not in the Room. THE COMPANY will not be responsible for locking any unlocked Room. The Customer is not permitted to apply a padlock to the Room in THE COMPANY’s overlocking position and THE COMPANY may have any such padlock forcefully cut off at The Customer’s expense. The Customer will secure the external gates and/or doors of the Store where applicable in order to ensure the security and the safety of The Store, The Goods and other users of the Store.
17. The Customer must not store (or allow any other person to store) any of the following in the Room: (a) food or perishable goods unless appropriately sealed such as vacuum-packed; (b) any living creatures; (c) combustible or flammable substances such as gas, paint, petrol, oil, cleaning solvents or compressed gases; (d) firearms, explosives, weapons or ammunition; (e) chemicals, radioactive materials, biological agents; toxic waste, asbestos or other potentially hazardous substances; (f) any item that emits fumes, or odours; (g) any illegal item or substances or goods illegally obtained such as illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (such as toys, electrical goods, medicines, aerosols, cosmetics, fireworks); (h) goods which are environmentally harmful or that are a risk to the property of any person; (i) currency, deeds and securities; and (j) items which are unique in nature and/or where the value to The Customer cannot be assessed on a financial basis. This is not an exhaustive list. The Customer will be liable under Condition 28 for any breach of this Condition 17.
18. The Customer will use the Room solely for the purpose of storage and shall not (or allow any other person to): (a) use the Room as offices or living accommodation or as a home, business or mailing address; (b) use or do anything at the Store or in the Room which may be a nuisance to THE COMPANY or any other person (including the escape of any substance or odour from or generation of noise or vibration which may be heard or felt outside the Room); (c) use or do anything at the Store or in the Room which may invalidate or increase premiums under any insurance policies of THE COMPANY or any other person; (d) paint or make alterations to or attach anything to the internal or external surfaces of the Room; (e) connect or provide any utilities or services to the Room unless authorised by THE COMPANY; or (f) cause damage to the Room or any part of the Store (which includes by removal, haulage or delivery contractors) or create any obstruction or leave items or refuse in any common space within the Store.
19. The Customer must maintain the Room by ensuring it is clean and in a state of good repair. The Customer must ensure that all textiles e.g. rolls of carpets/rugs/bedding are securely packed and sealed so they are protected from and do not attract vermin. In the event of uncleanliness, damage or infestation introduced due to poor packaging in the Room or Store, THE COMPANY will be entitled to retain the Deposit, charge a Cleaning Fee, and/or claim full reimbursement from The Customer of the reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse.
20. The Customer must (and ensure that its Agents) use reasonable care on site and have respect for the Store and other Room users, inform THE COMPANY of any damage or defect immediately it is discovered and comply with the reasonable directions of THE COMPANY’s employees, agents and contractors and any other regulations for the use, safety and security of the Store as THE COMPANY shall issue periodically.
21. This Agreement does not confer on The Customer any right to exclusive possession of the Room and THE COMPANY reserves the right to relocate The Customer to another Room not smaller than the current Room (a) by giving 14 days’ notice during which The Customer can elect to terminate their agreement under Condition 35 or (b) on shorter notice if an incident occurs that requires the Room or section where it is located to be closed or sealed off. In these circumstances, THE COMPANY will pay The Customer’s reasonable costs of removal if approved in writing by THE COMPANY in advance of removal. If The Customer does not arrange removal by the date specified in THE COMPANY’s notice, then The Customer authorises THE COMPANY and its agents to enter Room acting as The Customer’s agents and at The Customer’s risk (except for damage caused wilfully or negligently which is subject to the limitations in Condition 26) remove the goods. Following removal this agreement will be varied by substitution of the new Room number but otherwise continues in full force and effect at the rate in force for the original Room at the time of the removal.
22 The Customer must ensure the Room is suitable for the storage of the Goods intended to be stored in it and is advised to inspect the Room before storing Goods and periodically during the storage period. THE COMPANY makes no warranty or representation that any Room is suitable for any particular goods and accepts no liability in this regard.
23 THE COMPANY may refuse to permit The Customer to store any Goods or require The Customer to collect any Goods if in its opinion storage of such Goods creates a risk to the safety of any person or property.
24 The Customer must give Notice to the THE COMPANY in writing of the change of address, phone numbers or email address of The Customer or the Alternate Contact Person (ACP) within 48 hours of any change. The Customer agrees THE COMPANY is entitled to discuss any default by The Customer with the ACP registered on the front of this Agreement.
Risk and responsibility:
25. THE COMPANY will not be liable for any loss or damages suffered by The Customer resulting from an inability to access the Store or the Room, regardless of the cause.
26. The Goods are stored at the sole risk and responsibility of The Customer who shall be responsible for and bear the risk of any and all theft, damage to, and deterioration of the Goods caused by any reason. THE COMPANY excludes all liability in respect of (a) loss or damage to The Customer’s business, if any, including consequential loss, lost profits or business interruption; (b) loss of or damage to The Customer’s Goods or any claim for return of the storage fees except where this results from the negligence or breach of contract of THE COMPANY in which case the liability of THE COMPANY will be limited to the sum of £100 in total. THE COMPANY does not exclude liability for physical injury to or the death of any person and which is a direct result of negligence or wilful default on the part of THE COMPANY, its agents and/or employees.
27. It is a condition of this Agreement that the Goods remain insured at all times while they are in storage against all Normal Perils for their Replacement Value (as set out on the licence agreement). The Customer warrants that such cover is in place, that it will not allow or cause such cover to lapse and that the aggregate value of Goods in the Room from time to time will not exceed the Replacement Value. THE COMPANY does not give any advice concerning insurance cover given by any policy and The Customer must make its own judgment as to adequacy of cover even when facilitated by THE COMPANY. Inspection of any insurance documents provided by The Customer to demonstrate cover does not mean THE COMPANY has approved the cover or confirmed it is sufficient.
28. The Customer will be liable for and compensate THE COMPANY for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by THE COMPANY or third parties (Liabilities) resulting from or incidental to (a) the use of the Room (including but not limited to the ownership or storage of Goods in the Room, the Goods themselves and/or accessing the Store) or (b) breach of this Agreement by The Customer or any of its Agents or (c) enforcement of any of the terms of this Agreement.
29. The Customer acknowledges and agrees to comply with this Agreement and all relevant laws and regulations as are or may be applicable to the use of the Room. This includes laws relating to the material which is stored and the manner in which it is stored. Liability for any and all breach of such laws rests absolutely with The Customer, and includes any and all Liabilities resulting from such a breach.
30. If THE COMPANY has reason to believe that The Customer is not complying with all relevant laws THE COMPANY may take any action it believes to be necessary, including but not limited to the action outlined in Conditions 15 and 35, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at The Customer’s expense. The Customer agrees that THE COMPANY may take such action at any time even though THE COMPANY could have acted earlier.
31. In respect of circumstances outside THE COMPANY’s reasonable control, THE COMPANY shall have no liability under or be considered to be in breach of this Agreement for any delay or failure in performance of its obligations under this Agreement or any resulting loss or damage to Goods. Such circumstances include any Act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into any Room including the Room or the Store by, or arrest or seizure or confiscation of Goods by any lawful authorities. If this happens, THE COMPANY will not be responsible for failing to allow access to the Goods, Room and/or the Store for so long as the circumstances continue. THE COMPANY will try to minimise any effects arising from such circumstances.
Personal information
32. THE COMPANY collects information about The Customer on registration and whilst this Agreement continues, including personal data (Data). THE COMPANY processes Data in accordance with the Data Protection Act 1998 and uses it to process payments, communicate with The Customer and generally maintain The Customer’s account. THE COMPANY may share Data with, and collect Data from, credit reference or fraud prevention agencies and trade associations of which THE COMPANY is a member. If The Customer applies for THE COMPANY’s insurance, THE COMPANY will pass Data on to the insurer, who may enter such Data onto a register of claims shared with other insurers to prevent fraudulent claims. THE COMPANY will release Data and other account details at any time if it considers in its sole discretion this is appropriate: (a) to comply with the law; (b) to enforce this Agreement; (c) for fraud protection and credit risk reduction; (d) for crime prevention or detection purposes; (e) to protect the safety of any person at the Store, (f) if THE COMPANY considers the security of any Room at the Store or its contents may otherwise be put at risk. Also, if THE COMPANY sells or buys any business or assets, it may disclose Data and account details to the prospective seller or buyer of such business or assets or if substantially all of THE COMPANY’s assets are acquired by a third party, Data and account details will be one of the transferred assets. Individuals have the right to request a copy of the information that THE COMPANY holds on them and requests should be emailed or sent to the addresses on the licence agreement. A small charge may be made for this service.
33. If The Customer agrees, THE COMPANY will use Data for marketing and like purposes, including to provide The Customer with information on products or services provided by THE COMPANY and/or its business partners in response to requests from The Customer or if THE COMPANY believes they may be of interest. The Customer’s choice with regard to the relevant use of Data is indicated in the licence agreement.
Notice
34. Notices to be given by THE COMPANY or The Customer must be in writing and must either be delivered by hand or sent by recorded post. Notices shall be deemed received at the time of delivery by hand or 48 hours after posting. Notices from THE COMPANY to The Customer will be sent to the address on the licence agreement or the most recent address in England notified to THE COMPANY. In the event of not being able to contact The Customer at the last notified address The Company may at its sole discretion use other contact means including SMS or email to The Customer or if no other contact is made with The Customer then notice is deemed to have been given to The Customer if THE COMPANY serves that notice on the ACP as identified on the front of this Agreement at the last notified address or other contact including SMS or email of the ACP. Any notice from The Customer must be sent to THE COMPANY at the address on the licence agreement in writing or by email. In the event that The Customer is more than one person notice to or by any single person forming part of The Customer is agreed to be sufficient for the purposes of any notice requirement under this Agreement.
Termination:
35. Either party may terminate this Agreement by giving the other party Notice of the Termination Date in accordance with period indicated on the licence agreement. In the event of illegal or environmentally harmful activities on the part of The Customer or a breach of this Agreement (which, if it can be put right, The Customer has failed to put right within 14 days of notice from THE COMPANY to do so), THE COMPANY may terminate the Agreement immediately by Notice. THE COMPANY is entitled to retain from the Deposit, or make a charge for, apportioned Storage Fees if less than the requisite Notice is given by The Customer. The Customer must remove all Goods in the Room before the close of business on the Termination Date and leave the Room in a clean condition and in a good state of repair to the satisfaction of THE COMPANY. In the event that Goods and/or refuse are left in the Room after the Termination Date, Conditions 6 and 19 will apply. The Customer must pay any outstanding Storage Fees and any expenses on default or any other moneys owed to THE COMPANY up to the Termination Date, or Conditions 5 to 9 may apply. Any calculation of the outstanding fees will be by THE COMPANY. If THE COMPANY enters the Room for any reason and there are no Goods stored in it, THE COMPANY may terminate the Agreement without giving prior Notice but will send Notice to The Customer within 7 days.
36. The Customer agrees to examine the Goods carefully on removal from the Room and must notify THE COMPANY of any loss or damage to the Goods as soon as is reasonably possible after doing so.
37. Liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.
General:
38. THE COMPANY may vary the Storage Fee or other terms of this Agreement and add new terms and conditions as long as such modifications are notified to The Customer in writing. The modified terms will take effect on the first Due Date occurring not less than 28 days after the date of THE COMPANY’s notice. The Customer may terminate without charge before the change takes effect by giving notice in accordance with Condition 35. Otherwise, The Customer’s continued use of the Room will be considered as acceptance of and agreement to the amended terms.
39. The Customer acknowledges and agrees that :(a) the terms of this document constitute the whole contract with THE COMPANY and, in entering this contract, The Customer relies upon no representations, oral or otherwise, other than those contained in this Agreement; (b) it has raised all queries relevant to its decision to enter this Agreement with THE COMPANY and THE COMPANY has, prior to The Customer entering into this Agreement, answered all such queries to the satisfaction of The Customer; (c) any matters resulting from such queries have, to the extent required by The Customer and agreed to by THE COMPANY, been reduced to writing and incorporated into the terms of this Agreement; (d) if THE COMPANY decides not to exercise or enforce any right that it has against The Customer at a particular time, then this does not prevent THE COMPANY from later deciding to exercise or enforce that right unless THE COMPANY tells The Customer in writing that THE COMPANY has waived or given up its ability to do so; (e) it is not intended that anyone other than The Customer and THE COMPANY will have any rights under this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to it; (f) if any court or competent authority decides that any of the provisions in this Agreement are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law; (g) The Customer may not assign or transfer any of its rights under this Agreement or part with possession of the Room or Goods whilst they are in the Store; and (h) where The Customer consists of two or more persons each person takes on the obligations under this Agreement separately.
40. This Agreement shall be governed by English law and any dispute or claim that either party brings will be decided by the Courts of England and Wales. The parties must endeavour to settle any dispute in connection with this Agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than for emergency interlocutory relief that it has first offered to submit the dispute to mediation.
CloseIt is a condition of the Licence Agreement that your property is insured for its full true total value and that cover is maintained throughout the total period of storage with the Facility Owner.
Please note that irrespective of whether or not you instruct the Facility Owner to arrange insurance for your property their liability for actual physical loss of or damage to your property whilst in store is limited by the terms of their Licence Agreement which form part of their contract with you.
SUBJECT TO YOU GIVING THE FACILITY OWNER INSTRUCTIONS TO INSURE, they can arrange on your behalf insurance underwritten by certain underwriters at Lloyd’s in respect of syndicates XLCatlin 2003 & Munich Re 457 to cover physical loss or damage to your property whilst stored with the Facility Owner within their “Open Cover” insurance arrangements as summarised below. You may inspect the policy at their office on request. Please note, the cover provided by Us is optional.
1. Total sum insured
The full true total maximum value of the property at all times as declared to the Facility Owner on the Licence Agreement or elsewhere in writing. The sum insured shall in no circumstances exceed £25,000 for any one customer unless confirmed in writing by the Facility Owner. The total sum insured can be increased on payment of an additional charge, subject to the prior agreement of the Facility Owner and Insurers.
2. Cover
The Insurers agree to cover you up to the total sum insured for actual physical loss of or damage to your property caused by fire, lightning, explosion, earthquake, storm, flood, bursting &/or leaking pipes, ingress of water or other liquid substance, aircraft or articles dropped therefrom, moth, insect or vermin from an external cause, theft accompanied by forcible and violent entry to or exit from the building or Unit, riot, strike, civil commotion, malicious damage, impact by vehicles or railway rolling stock occurring whilst your insurance is effective.
This Insurance is effective from the time your insured property is placed in to storage and ceases upon removal from storage – no cover applies during loading and unloading or during transit
3. Under-insurance
It is a condition of the insurance that the sum insured represents the full true total value of the property stored at all times. If you fail to declare the full replacement value of your property on the Licence Agreement, in the event of a claim you will only be entitled to recover from Insurers the proportion of the loss as the declared value bears to the total replacement value of your property.
4. Basis of claims settlement
The settlement of any claim shall be by replacement, repair and/or compensation at Insurer’s option. In the event of the total loss or destruction of any item insured under this Insurance, the basis of settlement shall be the cost of replacing the item as new provided that the item is substantially the same as but not better than the original when new.
Household linen and clothing
Where any claim includes loss of or damage to any item(s) of household linen and clothing, Insurers will take into consideration the age, quality, degree of use and consequent market value of any such lost or damaged item(s).
Documents
Where any claim includes loss of or damage to documents the basis of settlement shall relate to the reasonable costs of reprinting and/or reasonable costs of reissue and/or reconstitution including, where applicable, fresh research or exploration to obtain essential information.
5. Consumer right to cancel
Cooling off period
You are entitled to cancel this policy by notifying the Insurers in writing, by email or by telephone within fourteen (14) days of either:
(i) the date you receive this policy; or
(ii) the start of your period of insurance;
whichever is the later.
A full refund of any premium paid will be made unless you have made a claim in which case the full annual premium is due.
Cancellation outside the cooling off period
You have the right to cancel this insurance without penalty at any time prior to the commencement of the insurance. Once the insurance has commenced, your right to cancel ceases and you will be charged the full premium for the insurance.
6. Policy excess
You are required to pay the first GBP 100 of your claim, each and every claim.
7. Pairs & sets limitation clause
Where any items of your property are part of a pair or of a set Insurers shall only pay for the actual items which are lost or damaged. No payment will be made by Insurers for any items which are part of a pair or of a set and which are not lost or damaged.
8. Information you have given us
In deciding to accept this policy and in setting the terms including premium the Insurers have relied on the information which You have provided to them. You must take care when answering any questions the Insurers ask by ensuring that any information provided is accurate and complete.
If the Insurers establish that you deliberately or recklessly provided them with untrue or misleading information the Insurers will have the right to:
(a) treat this policy as if it never existed;
(b) decline all claims; and
(c) retain the premium.
If the Insurers establish that you carelessly provided them with untrue or misleading information the Insurers will have the right to:
(iii) treat this policy as if it never existed, refuse to pay any claim and return the premium you have paid, if the Insurers would not have provided you with cover;
(iv) treat this policy as if it had been entered into on different terms from those agreed, if the Insurers would have provided you with cover on different terms;
(v) reduce the amount the Insurers pay on any claim in the proportion that the premium you have paid bears to the premium the Insurers would have charged you, if the Insurers would have charged you more.
The Insurers will notify you in writing if (i), (ii) and/or (iii) apply.
If there is no outstanding claim and (ii) and/or (iii) apply, the Insurers will have the right to:
(1) give you notice that they are terminating this policy; or
(2) give you notice that they will treat this policy and any future claim in accordance with (ii) and/or (iii), in which case you may then give the Insurers notice that you are terminating this policy;
in accordance with the Consumer right to Cancel.
9. Claims notification
Full details of any losses and/or damages must be notified to the Facility Owner at the time of the discovery of the loss of or damage to your property or at the time of removal of your property from the store whichever is sooner.
10. Customer service and complaints
Insurers are dedicated to providing a high quality service and want to ensure that this is maintained this at all times. If you feel you have not been offered a first class service please contact International Claims Agency Ltd (ICA) who will do their best to resolve the problem. ICA’s contact details are:
International Claims Agency Ltd, Unit 10, Invicta Way, Manston Park,
Ramsgate, Kent CT12 5FD UK
Telephone: +44 (0)1843 823820
Fax: +44 (0)1843 823956
E-mail: claims@icaltd.co.uk
If You remain dissatisfied after ICA have considered Your complaint, it may be possible in certain circumstances to refer the complaint to Lloyd’s. Details of Lloyd’s complaints procedures are set out in a leaflet “Your Complaint – How We Can Help” available at www.lloyds.com/complaints and are also available from Catlin Underwriting Agencies Limited at the above address or from Lloyd’s at:
Lloyd’s Complaints
One Lime Street
London
EC3M 7HA
If You remain dissatisfied after Lloyd’s has considered Your complaint, or You have not received a decision by the time ICA and Lloyd’s have taken eight (8) weeks overall to consider Your complaint, You can refer Your complaint to the Financial Ombudsman Service at:
Exchange Tower
London
E14 9SR
E-mail: complaint.info@financial-ombudsman.org.uk
Telephone Number:
From within the United Kingdom
0800 0234 567
calls to this number are free on mobiles and landlines
0300 1239 123
calls to this number costs no more than calls to 01 and 02 numbers
From outside the United Kingdom: +44(0)20 7964 0500
Fax Number: +44(0)20 7964 1001
Text Number: 07860 027 586 Call Back Service
The Financial Ombudsman Service can look into most complaints from consumers and small businesses. For more information contact them on the above number or address, or view their website: www.financial-ombudsman.org.uk
The European Commission also provides an on-line dispute resolution (ODR) platform that allows consumers to submit their complaint through a central site, which will forward the complaint to the right Alternative Dispute Resolution (ADR) scheme. The ADR scheme for ICA is the Financial Ombudsman Service, which can be contacted directly using the contact details above. For more information about ODR please visit http://ec.europa.eu/odr
11. Financial Services Compensation Scheme
Lloyd’s is covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the Scheme if we cannot meet our obligations to you under this contract. If you were entitled to compensation under the Scheme, the level and extent of the compensation would depend on the nature of this contract. Further Information about the Scheme is available from the Financial Services Compensation Scheme (10th Floor, Beaufort House, 15 St Botolph Street, London EC3A 7QU) and on their website: www.fscs.org.uk
12. Fraud
If you, or anyone acting for you, makes a fraudulent claim, for example a loss which is fraudulently caused and/or exaggerated and/or supported by a fraudulent statement or other device, the Insurers:
(a) will not be liable to pay the claim; and
(b) may recover from You any sums paid by the Insurers to You in respect of the claim; and
(c) may by notice to You treat this policy as having been terminated with effect from the time of the fraudulent act.
If We exercise Our right under (c) above:
(i) the Insurers shall not be liable to You in respect of a relevant event occurring after the time of the fraudulent act. A relevant event is whatever gives rise to the Insurers liability under this policy (such as the occurrence of a loss, the making of a claim, or the notification of a potential claim); and.
(ii) the Insurers need not return any of the premium paid.
13. Sanctions
The Insurers shall not provide any benefit under this policy to the extent of providing cover, payment of any claim or the provision of any benefit where doing so would breach any sanction, prohibition or restriction imposed by law or regulation.
14. Accessibility
Upon request this policy can be provided in Braille, audio or large print versions of the policy and the associated documentation. If You require an alternative format You should contact Your broker through whom this policy was arranged.
Privacy Notice
(How information about you will be used)
What Information we collect about you:
When you contact us for an insurance quotation we collect the relevant information needed by an insurer to calculate the premium and understand your insurance needs. We collect this information during our meetings and /or telephone conversations with you and through the completion of proposal forms and fact finds.
How your information will be used:
Information provided by you may be put onto a register of claims and shared with other insurers to prevent fraudulent claims.
We will retain any information we have collected about you for up to 6 years after our professional relationship has terminated however, data held electronically may be retained for longer.
Your rights of access to your data:
You have a right to obtain a copy of the personal information that we hold about you. If you believe that any information held is incorrect or incomplete, you should contact us. Any information that is found to be incorrect or incomplete will be amended promptly.
You also have a right to “be forgotten”, this means you can ask for the information which we hold about you to be deleted from our records but this will mean that we will be unable to continue to handle your insurance arrangements.
For more information about how the insurers handle you data please see:
AXA XL
If you have questions or concerns regarding the way in which your personal information has been used, please contact: compliance@axaxl.com
For more information about how AXA XL process your personal information, please see our full privacy notice at: http://xlgroup.com/footer/privacy-and-cookies.
15. Third party rights
A person who is not a party to this contract of insurance has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract of insurance but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
16. Exclusions
The following exclusions apply to the cover as a whole.
The Insurers do not provide cover for any of the following:
1. Money, Coins, Bullion, Deeds, Bonds, Securities and the like.
2. Livestock, Plants, Explosives and Flammables
3. Jewellery, Watches, Precious Stones, Stamps of all kinds exceeding GBP 500 combined total.
4. Furs, fine arts, perfumery mobile phones, tobacco, cigars, cigarettes, beers, wines, spirits & the like exceeding GBP 10,000 combined total.
5. Electronic items exceeding GBP 10,000 in total. Electronic items are defined as all items of consumer and commercial electrical appliances and instruments including but not limited to radios, televisions, computers, computer software, hard drives, chips, microchips, printed circuit boards and their components, modems, monitors, cameras, facsimile machines, photocopiers, VCRs, hi-fi, stereos, CD players and the like. (Heavy electrical items such as switchgear, turbines and generators and the like shall be deemed not to be electronics)
6. Depreciation following repair or restoration of a damaged item
7. Any property which you are not permitted to store under the terms of the Licence Agreement
8. Loss of data records other than cost of blank data carrying materials.
9. Any consequence of War, Invasion, Act of Foreign Enemy Hostilities (whether War be declared or not), Civil War, Rebellion, Revolution, Insurrection or Military or Usurped Power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.
10. Ensuing or indirect losses resulting from or as a consequence of claims made for loss or damage to your property.
11. Loss or damage or liability or expense directly or indirectly caused by or contributed to, by, or arising from:-
a. Ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel.
b. The radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or nuclear assembly or nuclear component thereof.
c. Any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
d. The radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes.
12. Loss or damage or expense directly, or indirectly, caused by or contributed to, by or arising from:-
a. Any chemical, biological, bio-chemical or electromagnetic weapon.
b. The use or operation, as a means for inflicting harm, of any computer, computer system, computer software program, computer virus or process or other electronic system.
13. Loss, destruction or damage directly occasioned by pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds.
14. Loss of or damage to your property caused by or resulting from any act(s) of Terrorism.
“Terrorism” means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public or any section of the public in fear.
CloseIn these terms and conditions, the following words have the following meanings:
Agreement: The Crate Hire Agreement incorporating these Conditions;
The Company: We, Us, Our, A Space Station plc (Space Station. and any associated
companies trading as Space Station Self Storage
The Crates: the crates offered for hire and all replacements and renewals thereof;
The Hirer: the person, persons or corporate body who hires The Crates from The Company;
Hire, Hire of Crates: the hiring of Crates from the Company by a Hirer for such period
of time as may be agreed between the Hirer and the Company;
The Store: the premises from which The Crates are taken on Hire;
Conditions: these Crate Hire Terms and Conditions.
1. The Hire of Crates by the Hirer from the Company shall be subject to the Conditions hereinafter set out, each of which shall be deemed to be incorporated in and to be a condition of any Agreement between the Company and the Hirer.
2. The Company shall supply the Crates in a fully serviceable condition. It is responsibility of The Hirer to check the Crates before removing from The Store. In the absence of any such notification the Hirer will be deemed to be satisfied with the condition of the Crates, and have accepted the Crates as suitable for the purposes required.
3. All charges applicable to the hire contract must be paid in advance of rental periods. Cash and cheque payments will not be accepted. Credit or Debit Card accepted for initial charges. Direct debit mandate required for all future charges on the contract whether Hire of Crates or other such charges as become payable.
a. The Hirer agrees not to cancel the direct debit whilst charges remain outstanding without first contacting the Company and providing an alternative method of payment from which to collect further charges which the Hirer is liable or may become liable to pay.
4. The Hirer may, at a time and date agreed either
4.1. collect the Crates from the Store; or
4.2. request the Company to deliver the Crates. The Customer shall be liable for delivery charges in accordance with the Company's normal rates for delivery then in force and subject to applicable VAT.
5. Crates shall be returned to the Company and to The Store at the expiry of the period of Hire or any extended period of Hire entered into by the Hirer. If the return date has not been agreed then the Company must have not less than 7 days’ prior notice of the return either by
5.1. The Customer delivering the Crates back to the Store; or
5.2. The Customer requesting the Company to collect the Crates and the Customer shall be liable for collection charges in accordance with the Company's normal rates for collection then in force and subject to applicable VAT.
6. Crates will be taken off Hire at the expiry of period of Hire or any extended period of Hire in which the Crates are returned to the Company and no refund of hire will be made unless an extended hire period has not yet commenced.
7. The Hirer shall be responsible for maintaining all Crates in good condition. If the Crates or any of them are damaged whilst in the Hirer’s possession the Hirer must immediately notify the Company. If such damage was not the result of fair wear and tear, then the cost of such repairs or replacement will be paid upon demand to the Company by the Hirer.
8. In the event of the Crates or any of them being lost, stolen, seized or confiscated whilst in the possession of the Hirer or not being returned within 7 days of any return date agreed with or stipulated by the Company or not returned immediately if any Agreement is terminated pursuant to Condition 13 hereof, the Company shall be entitled at any time to invoice the Hirer for and the Hirer shall be liable to pay the replacement value of such Crates in accordance with the Company’s then current replacement price. Payment of such price shall not affect any rights of the Company or liabilities of the Hirer subsisting at the date of invoice. The Hirer shall continue to pay all Hire charges pending the return of the Crates.
9. Title to the Crates remains at all times with the Company and any and all Crates damaged by the Hirer must be returned to the Company whether or not the Hirer has paid the cost of replacing the damaged Crates. Provided always that the Hirer fully complies with its obligations under these Conditions, the Hirer shall be entitled to enjoy the use and possession of the Crates without interruption by the Company. The cost for replacing lost or damaged Crates is displayed in store and is available on request. All charges are subject to VAT which shall be payable at the rate in force from time to time.
10. The Hirer shall have no right of property in or title to the Crates except the right to use and possess the Crates, subject to the terms of the Agreement.
11. The Hirer shall be liable for payment of the Hire charges from the date of collection of the Crates by the Hirer or delivery of the Crates to the Hirer and the Hirer shall be responsible for maintaining them in good condition (save for fair wear and tear. until they are returned to the Company. The minimum hire period shall be 4 weeks.
12. Hire charges shall be subject to change by the Company upon not less than 30 days prior written notice being given to the Hirer.
13. All charges are net of VAT which shall be payable at the rate in force from time to time. All charges shall become due and payable in advance.
13.1. The Company shall have the right to charge an administration fee on any amounts not paid on the due date. Current charges will be displayed in store and are available on request.
13.2. The Company shall have the right to charge an administration fee on any amounts returned as unpaid by your Bank. Current charges will be displayed in store and are available on request.
14. The Agreement may be terminated immediately by the Company in any of the following circumstances:
14.1. The Hirer fails to pay any charges by due date; or
14.2. The Hirer fails to observe or perform any of the terms of the Agreement; or
14.3. If the Hirer (being an individual. shall be adjudged bankrupt, enters into a voluntary arrangement or effects a compromise with any one or more of his creditors; or
14.4. The Hirer (being a body corporate.:
14.4.1. shall pass a resolution either for entry into administration or for voluntary winding-up or shall have an administration or winding up order made against it; or
14.4.2. suffer the appointment of a receiver of its undertakings or assets or any part thereof; or
14.4.3. shall be deemed by virtue of Section 123 of the Insolvency Act 1986 to be unable to pay its debts; or
14.5. If any execution shall be levied or threatened upon any of the Hirer’s property then in each or every such case the Agreement between the Company and the Hirer in respect of the Hire of the Crates may be terminated at any time by the Company with immediate effect upon written notice from the Company to the Hirer.
14.5.1. In the event that any Agreement is terminated under this Condition, the Hirer shall thereafter no longer be in possession of the Crates with the Company’s consent and the Company may, without notice, retake possession of all the Crates and for that purpose enter upon any premises belonging to or in occupation or control of the Hirer for such purpose and
14.5.2. The Hirer shall pay to the Company on demand all expenses costs and charges whatsoever incurred by or on behalf of the Company in ascertaining the whereabouts of the Hirer or the Crates and in retaking possession of the same.
14.5.3. The Hirer will also pay to the Company all costs, charges and expenses incurred by reason of any breach thereof by the Hirer.
14.5.4. Liability for these additional costs by the Hirer is without prejudice to any other rights and remedies the Company may have at law.
15. No condition or warranty whatsoever of any kind is given or made by or on behalf of the Company in relation to the quality of the Crates or their fitness for any particular purpose and all conditions or warranties, whether statutory or otherwise, whether express or implied, whether collateral or antecedent thereto or otherwise and whether in relation to the description, state, quality or condition of the Crates on delivery or at any other time thereafter are hereby expressly excluded.
16. The Company does not accept liability for any failure to provide the Crates for reasons which are due to circumstances beyond its control.
17. The Hirer shall, under no circumstances, sub-hire, lend or otherwise part with possession of the Crates other than with the prior written agreement of the Company.
18. No forbearance or indulgence shown or granted by the Company to the Hirer shall constitute a waiver of any of the Conditions to be performed by the Hirer nor shall in any way affect, diminish, restrict or prejudice the rights and powers of the Company.
19. Where two or more Hirers are party to one agreement with the Company their liabilities under these Conditions shall also be joint and several.
20. Any notices required to be given hereunder shall be sufficiently given if served personally or sent by prepaid first class post or left at the existing or last-known address of the party to be served or emailed if such permission has been granted in the contract agreement or, in the case of a limited company, to or at its registered office and if sent by post such notice shall be deemed to be received 48 hours after posting.
21. If any condition, term or provision herein shall be held to be illegal or unenforceable the same shall be deemed to be excluded but the validity of the remaining conditions shall not be so affected.
22. The Hirer will inform The Company in writing of any changes to billing details, contact details or any other details stated on this Agreement.
23. These terms and conditions supersede and override any and all contractual terms and conditions of the other contracting party howsoever and whenever communicated.
24. Before taking any court proceedings for anything arising out of this Agreement (apart from emergency court proceedings., the complaining party shall inform the other person in writing of the dispute in as much detail as possible and The Hirer and The Company agree to try informal conciliation within twenty business days of the notice of the dispute. If the dispute cannot be resolved, The Hirer and The Company agree to use the Centre for Alternative Dispute Solution to try to resolve the dispute amicably by using an Alternative Dispute Resolution Procedure before taking any other step. If the dispute is not resolved to mutual satisfaction within 90 days after notice of the dispute has been given, The Hirer or The Company may submit the dispute to the Court. This Condition does not affect the right of either The Hirer or The Company to terminate this Agreement
25. This Agreement shall be governed by English law and The Hirer and The Company submit to the exclusive jurisdiction of the English courts.
Stage 1
Please discuss any complaint with the Store Manager at the appropriate location, who will endeavour to resolve the matter promptly.
Stage 2
If the matter cannot be resolved, wherever possible, all complaints should be made in writing and addressed to the Store Manager at the appropriate location. Once received, the Store Manager will send a written acknowledgement of the complaint within 5 working days*, explaining who is handling the complaint and the details of the procedure to be carried out.
The complaint will be fully investigated and you will receive a detailed response stating the Company’s position within 10 working days* of the acknowledgement letter.
Stage 3
If you are dissatisfied with the outcome, please write to the Operations Manager at: 149 St Paul’s Avenue, Slough, SL2 5EN, stating why you believe the decision is unfair. On receipt of the complaint, the Operations Manager will send a letter (or email) of acknowledgement within 5 business working days*. The grounds for the decision will be fully investigated and you will receive a detailed response stating the Company’s position within 10 working days* of the acknowledgement letter.
Stage 4
If you remain unhappy with the outcome, please write to the General Manager at our Slough address, stating why you believe the grounds for the decision were unfair. On receipt of the complaint, the General Manager will send a letter (or email) of acknowledgement within 5* working days. The grounds for the decision will be reinvestigated and you will receive a detailed response stating the Company’s decision within 10 working days* of the acknowledgement letter. The General Manager’s decision will be final and no further correspondence will be entered into.
If at any point you fail to respond to any decision within eight weeks from the last correspondence, Space Station will assume the matter has been dealt with to your complete satisfaction and the matter will be closed.
Please note that our complaints process is discretionary and not based on statute. This means we may not always proceed with a complaint if we believe there is sufficient justification not to do so. This policy does not affect your statutory rights.
*Whenever reasonably practicable
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