Terms and conditions

Recitals

That mitrastero24 is the trading company providing the services covered by this Contract, hereinafter mitrastero24.

That the Client is interested in the service of storing in a space, at their own risk and in their own custody, for the period stated in the particular conditions, one or more movable goods, declaring as of now that they are aware of the condition of that space, which they expressly accept without reservation as being in perfect condition for use.

That, this being in the interest of both Parties, they enter into this agreement, all in accordance with the following general conditions:

Applicable Rules.

These General Conditions are subject to the provisions of Law 7/1998, of 13 April, on General Contracting Conditions, Law 26/1984, of 19 July, General for the Defence of Consumers and Users, Royal Legislative Decree 1/2007 approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, and to the Commercial Code and the Civil Code.

Purpose of the Contract.

By signing this contract, mitrastero24 assigns the use of the storage unit described in the Particular Conditions, located on the premises of mitrastero24 at calle 0 número 0, in the town of 0 (post code 00000), for the term and price stipulated, for the sole and exclusive purpose of storing movable goods of various kinds owned by the client, with the exception of those described in section "10. Prohibitions", which are expressly prohibited.

Size of the storage unit.

Owing to its construction characteristics, the storage unit contracted has a surface area and volume approximate to that indicated in the Particular Conditions. Under no circumstances does mitrastero24 accept liability if the storage unit contracted does not measure exactly what was expected.

Term.

4.1. Commencement of the contract, First Period and initial invoicing.

This contract comes into force on the start date indicated in the Particular Conditions (the "Start Date"). However, for the purposes of contractual term and invoicing, the first period of validity shall run from the Start Date until the last calendar day of that same calendar month (the "First Period").

On signing the contract, the Client shall pay the proportional part of the fee corresponding to the First Period, calculated on the basis of the days actually falling between the Start Date and the last day of that month.

4.2. Automatic renewal by calendar months and invoicing date.

Once the First Period has elapsed, the contract shall be renewed automatically for successive periods of one (1) full calendar month, always counted from the 1st day to the last day of each calendar month (each of them, a "Monthly Period"), unless either party gives the other reliable notice of its intention not to renew it at least ten (10) calendar days before the end date of the First Period or of the relevant Monthly Period.

The fee corresponding to each Monthly Period shall accrue in full on the 1st day of each month and shall be invoiced and charged in advance by the means of payment designated by the Client, irrespective of the date on which the Client actually vacates the storage unit, without prejudice to the provisions of this clause regarding the minimum contracted term.

4.3. Minimum term.

Unless a longer commitment period is established in the Particular Conditions, the minimum period of stay shall in all cases be one (1) month, understood in accordance with the calendar-month invoicing system set out in the previous clause.

For these purposes:

a) Where the Start Date falls on the 1st day of a month, the minimum term of one (1) month shall correspond to that full calendar month.

b) Where the Start Date falls after the 1st day of a month, the minimum term shall comprise, as a minimum, the First Period plus the immediately following Monthly Period. Consequently, the Client may not terminate the contract with effect earlier than the last day of the month following that of the Start Date, even where the period initially paid for covers only part of the first calendar month.

4.4. Longer commitment periods (pricing plans).

Where, in accordance with the pricing plan chosen by the Client, the Particular Conditions establish a longer minimum commitment period (for example, three (3), six (6) or twelve (12) months), the Client shall be obliged to keep the contract in force for at least that commitment period, without prejudice to the First Period where the Start Date does not fall on the 1st day.

During the agreed minimum commitment period, the Client may not terminate the contract early with effect prior to the date on which it is fulfilled. Should the Client cease to use the storage unit, vacate it or request cancellation before the end of the commitment period, mitrastero24 may:

a) Keep the contract in force until the end date of the commitment period, with the consequent obligation to pay all outstanding fees up to that date;

or

b) Terminate the contract early and demand, by way of penalty, payment of the fees remaining until completion of the minimum commitment period, without prejudice to the loss of the discounts or financial advantages associated with that pricing plan.

The foregoing is without prejudice to the rights of termination in favour of mitrastero24 provided for in other clauses of this contract for breach by the Client.

4.5. Non-payment and no renewal.

The contract shall not be renewed automatically where, on the end date of the First Period or of the relevant Monthly Period, the Client is not up to date with payment of all sums due or with the performance of any other obligations arising from this contract.

In such a case, the contract shall be deemed terminated at the end of the current period, without prejudice to the actions available to mitrastero24 to recover the outstanding sums and to the provisions of the clause on non-payment and early termination of the contract.

4.6. Handover of the storage unit at the end of the contract.

On the end date of the contract, for whatever reason, the Client shall be obliged to vacate the storage unit contracted, leaving it completely empty and in optimum condition of upkeep and cleanliness, free of belongings and waste.

Cleaning the storage unit with water or other liquids that may generate damp inside is expressly prohibited; dry cleaning methods only must be used.

The storage unit must be vacated and handed over no later than the last day of validity of the contract, before 23:59 on that day.

4.7. Penalty for goods not removed and extraordinary cleaning.

Should the Client hand over the storage unit without having emptied or cleaned it completely, mitrastero24 may proceed to empty and clean it, the Client expressly authorising mitrastero24 to do so, and the Client shall be invoiced:

a) An additional charge of FIVE EUROS (€5) for each item, package or unit not removed;

and

b) An additional amount of FIFTY EUROS (€50) for extraordinary cleaning of the storage unit.

All of the foregoing is without prejudice to any claim for additional damages that may have been caused to the storage unit, to the common access areas or to the rest of the facilities.

Price.

The consideration for the assignment of the use of the storage unit shall be the price initially established in the Particular Conditions. The fee shall be paid in advance on a monthly, half-yearly or yearly basis, according to the frequency agreed in the Particular Conditions, by bank card, to which the amount corresponding to Value Added Tax at the legal rate in force at any given time must be applied and, where applicable, the additional services contracted or the expenses incurred by the client.

The client authorises mitrastero24 to process by card payment all charges corresponding to the rents accrued, all in accordance with Payment Services Law 16/2009 of 13 November.

The undertaking to pay by bank card is irrevocable.

We inform you that mitrastero24 uses a payment process through a secure computer system that encrypts your bank card number. mitrastero24 will not retain, nor will it be able to access, your banking data; it merely processes the card payment order with the banking institution.

mitrastero24 reserves the right to update the initial price each time the contract completes a year, in accordance with the National General Index of the regional Consumer Price Index system published by the National Statistics Institute or the body that replaces it, applying the value published two months earlier. Under no circumstances shall any delay in applying that adjustment imply the loss, waiver or relinquishment of the right of mitrastero24 to apply it. The client shall be notified of the new fee payable one month before the day on which the updated price falls due.

mitrastero24 likewise reserves the right to review the amount payable at the current market price once a period of 12 months has elapsed since the initial contracted term. That review would be applied to the next renewable payment, and the client shall be notified at least 30 calendar days before the date on which the change takes effect. Once notified of the price review, the client shall have 15 calendar days from receipt thereof to give notice, should they not agree with the new price, of the termination of the contract, in which case they must vacate the storage unit, removing all the goods stored there.

Non-payment.

From the date of non-payment or default in the payment of any sum accrued in favour of mitrastero24 under this Contract, mitrastero24 may suspend the Client's access code to the building or site where the module covered by the Contract is located, and may also block the opening of the Module and suspend the insurance cover of the goods the Client has stored in the Module.

Non-payment or default in the payment of any sum accrued in favour of mitrastero24 under this Contract shall give rise, from the very date on which the payment is returned or rejected by the stipulated means, or from the 10th day of default in all other cases, to a surcharge of €20, plus VAT.

From that moment, mitrastero24 shall claim payment of the sums owed from the Client by email, SMS or WhatsApp, warning them of the circumstances set out in the following paragraphs:

From the 30th day of default, the Client shall be notified of the termination of the Contract, and mitrastero24 shall retain the amount deposited by way of Security Deposit, on account of the outstanding debt.

From the 40th day, the Client expressly authorises mitrastero24 to move the goods deposited to another place of its choosing or to hand them over to non-profit organisations, leaving the Module vacant for whatever use mitrastero24 deems appropriate. In such a case, the Module shall be opened with video recording. Where the goods are moved to another place for non-payment, a monthly rent of twice that agreed in the Contract terminated for non-payment shall accrue in favour of mitrastero24. The Parties agree that, in relation to the removal referred to in this paragraph, the Client may under no circumstances hold mitrastero24 liable for any deterioration suffered by the goods on their removal from the Module, which shall be deemed to have been carried out for the account and at the risk of the Client.

Likewise, once eight weeks have elapsed since the Client was notified of the transfer of the goods to another place without the Client claiming them (should such a situation arise), the Client expressly accepts that those belongings are abandoned, expressly authorising mitrastero24, at its sole discretion, to dispose of the goods by notarial auction or by sale to a second-hand goods trading company, retaining the Price obtained as payment of the rent arrears, with all expenses accrued as a result of the disposal, including fees, auction costs and commissions, being borne by the Client. Any resulting positive balance shall remain for the benefit of mitrastero24, and the Client may not claim anything on that account, given that they have deemed their belongings abandoned. Likewise, where it has not been possible to dispose of the goods, or because their market value is insufficient, mitrastero24 shall be definitively released from any duty of custody over them and may give them whatever destination it considers most appropriate, including their destruction, which shall also be for the account and at the expense of the Client.

Security deposit.

The client deposits by way of security deposit the equivalent of one monthly payment in order to answer for any damage they may cause to the storage unit, to the common access areas and to the rest of its facilities. In all cases, the purpose of the security deposit is to guarantee the performance of all the obligations assumed by the client under this contract.

Once the contract has ended, the amount of the security deposit shall be returned to the client within a maximum period of 30 days after verifying that the storage unit provided is in perfect condition, both of upkeep and of cleanliness, and provided that no liabilities remain for which the client must answer. Should the client owe any sum to mitrastero24, that sum shall be deducted from the amount of the security deposit. The security deposit shall be returned to the client by refund to the bank card provided by the client.

The client waives any interest that may accrue on the security deposit to be returned.

Loading and Unloading Area.

Where mitrastero24 has a loading and unloading area reserved for clients within the premises, the client shall have the following obligations regarding the use of the parking space:

The use of the space is exclusively for the time of loading and unloading materials; once the goods have been unloaded and/or loaded from the vehicle, the space must be left free for the other clients.

The client must check that the height of their vehicle is below the maximum height indicated by the traffic signs on the premises and wait until the doors, barriers and gates have completed their opening cycle before passing through them.

Parking vehicles in the kerb-crossing area is prohibited. mitrastero24 accepts no liability for any penalties or removal of vehicles by the authorities in the event of a breach of this rule.

For safety reasons, the shutter giving access to the loading and unloading space must be closed when unloading goods from the vehicle.

The vehicle must be parked so as to leave room for people to pass through the main accesses.

Leaving the vehicle engine running while inside the premises is expressly prohibited.

The parking of vehicles is strictly regulated by floor markings and signage panels.

The loading or unloading of the goods and belongings stored is limited to a single space. The client is obliged not to disturb other clients during vehicle loading and unloading operations.

Should the obligations of this section not be met, the client shall be invoiced an additional charge of €60 by way of penalty.

Rights and Obligations.

The client has the following rights:

During the term of the contract they may store any type of movable goods of their own, except those expressly prohibited in the specific clause of this contract.

To access the mitrastero24 facilities freely, except in restricted-access areas, during the hours established by mitrastero24, on the terms provided for in this contract.

The client may authorise other persons of legal age to access the mitrastero24 facilities. In such a case, and for security reasons, they must give reliable written notice to mitrastero24, identifying the authorised person or persons by name, surname and ID number. Where the person accessing the facilities is accompanied by the client, such notice shall not be necessary. In both cases the client shall be liable for any damage that may be caused by both the authorised persons and the accompanying persons.

To any other right which, although not set out in this contract, may correspond to them under the applicable legislation.

The client shall have the following obligations:

To pay punctually the agreed price and any other sums payable in accordance with the provisions of this contract.

To store goods of lawful origin and of their own property or, where applicable, over which they have peaceful or lawful possession or the express authorisation of the owner or of whoever holds the right of disposal or administration over them.

To respect the rights of the other users of the facilities.

To keep the storage unit in due condition without causing damage to it, to the rest of the common facilities, or to the goods of the other clients.

Should they vacate the storage unit, on expiry, on termination of the contract or for any other reason, they must leave it in the same condition in which they found it when they took possession of it, carrying out, if necessary, whatever repairs are required for that purpose.

To any other obligation which, although not set out in this contract, may correspond to them under the applicable legislation.

The client shall check that the storage unit is suitable for keeping their goods and shall place them so that they remain in a stable balance and do not damage the walls, the floor or the ceiling. Should sharp items, machinery, construction materials, or any other object in general that may scratch, mark, stain, soil or cause any damage to the floor of the storage unit be stored in it, the client must protect the floor with some element (pallet, cardboard, tarpaulin, etc.) to prevent any damage to the floor of the storage unit.

To inform mitrastero24 with due diligence of any damage caused to the storage unit or to the facilities.

No works of any kind may be carried out in the space contracted. By way of illustration but not limitation, the following are expressly prohibited: drilling, the creation of fixed or movable partitions, and the use of load supports other than those indicated by mitrastero24.

Any other obligations provided for in this contract.

Prohibitions

The client is expressly prohibited from establishing any type of contractual relationship with third parties over the storage unit, and is therefore expressly prohibited from assigning its use to any natural or legal person that is not a party to this contract.

It is expressly prohibited to use the storage unit or the facilities, whether temporarily, occasionally or permanently, as a dwelling or residence, or as a place of work, as a registered or tax address, or for the purpose of receiving correspondence, summonses and/or notifications from third parties.

It is expressly prohibited to hang any object from the metal mesh fitted to the ceiling of the storage unit.

The storage of objects weighing more than 200 kilos is prohibited.

It is formally prohibited to tamper with, mask or obstruct the communication lines, the security systems, the electrical supply, the fire detection systems and the ventilation.

It is expressly prohibited to leave goods and/or dispose of waste in the corridor, in any common area within the facilities or on the pavement outside the facilities. Negligent use of the facilities entails an additional charge of €60 by way of penalty.

The client shall not store dangerous, prohibited, flammable, toxic, polluting, explosive or malodorous products or products whose storage is regulated.

Specifically, and without this list being exhaustive, it is prohibited to store:

Perishable products liable to rot.

Waste of any kind (animal, toxic, radioactive, hazardous matter, etc.).

Any work of art or collection of any kind.

Furs, jewellery, precious and semi-precious stones, valuable paintings and any precious metal object.

Any set or piece of furniture forming a whole with a high overall value, unless otherwise expressly agreed in the insurance contract.

Animals, alive or dead.

Matches, lighters, fireworks.

Firearms and their ammunition or explosives.

Any illegal substance, substance prohibited from sale or object obtained unlawfully, such as drugs, counterfeit goods, products from smuggling, theft or handling of stolen goods, etc.

Any substance, preparation or object that is:

Explosive, such as compressed or liquefied gas such as LPG, acetylene, butane, propane, etc.

Flammable, such as varnishes, oils (vegetable, essential, heavy mineral), resins, paraffins, raw vegetable fibres (cotton, linen, hemp, etc.), acetone, white spirit, methylated spirits, petroleum, benzene, turpentine, toluene, nitrates (of sodium, potassium, ammonium, etc.).

Oxidising, such as hydrogen, chlorates (of ammonium, potassium, etc.), peroxides, strong perchloric acids.

Toxic, such as stain removers, pesticides or fuming nitric acid.

Harmful, such as paint solvents and stain removers.

Dangerous for the environment, such as pesticides, herbicides, heavy metals.

Irritant, sensitising, carcinogenic or mutagenic.

In general, all substances labelled with regulated warning symbols are prohibited.

mitrastero24 may require the client to display the goods deposited and/or to provide a complete written description of them.

In the event of a breach of the above obligations/prohibitions, and without prejudice to any right of termination of the contract that may correspond to mitrastero24, the client shall be directly liable for the damage caused to persons and property, whether belonging to mitrastero24, to the other clients or to third parties.

The client is responsible for the ownership of the goods they deposit, and mitrastero24 shall therefore bear no liability whatsoever in this regard.

Insurance

All risks associated with the goods or with their storage in the storage unit shall be borne by and for the account of the client.

Nevertheless, the storage unit covered by this contract has free basic minimum insurance with cover for material damage up to a maximum value of €3,000 per year.

The insurance taken out includes excesses, depending on the type of claim, which shall in all cases be paid by the client.

In order to avoid exclusions by the insurer, the client undertakes to declare the maximum and current value of the goods deposited in the storage unit, such that a faulty declaration or a failure to declare shall release both mitrastero24 and the insurer from any liability. In any event, it is for the client to prove the value of the goods, as well as to prove that they were deposited at the time of the incident.

At the client's request, the general and particular terms of the insurance taken out shall be provided, setting out the excesses and the description of the exclusions, and the client therefore waives any claim not covered by the policy.

mitrastero24 is released from any loss of goods caused by theft, and from any indirect damages, in particular consequential losses.

mitrastero24 shall under no circumstances assume any liability in relation to those objects or goods stored in the storage unit whose value exceeds the amount provided for in the insurance taken out under the conditions of this contract.

Likewise, the client shall be directly liable, before the authorities, before the owner of the land and before the other clients, for any damage that, by reason of the goods stored in the storage unit, may be caused to the land and/or to the goods stored by the other clients, with mitrastero24 being fully held harmless.

It is for the client to load, unload, transport, handle and store by their own means the goods they wish to keep in the storage unit contracted, and mitrastero24 is therefore released from any liability arising from the placing and removal of the goods stored, from personal injury and from any damage to property that may be caused, both to mitrastero24 and to third parties and to the client themselves.

12. Use of the Facilities and of the Storage Unit.

A) Access to the facilities.

The client may access the facilities and their storage unit 24 hours a day, 365 days a year.

mitrastero24 reserves the right to change the access hours to the facilities by giving the client one week's notice.

Access to the facilities shall be by means of a personal, non-transferable code or through the client's control panel.

B) Access to the storage unit.

To access the storage unit, the client must go to the control panel (web or mobile App) and press the corresponding button to open the outer door or the door of the storage unit. To prevent unintentional openings, the client must confirm the opening of the door.

Should the client not have a mobile telephone, they may enter their personal code on the numeric panel at the access door of the mitrastero24 facilities. Once inside, in order to open the storage unit, the client must enter the personal code again to open the door of the storage unit.

C) Conditions of access to the facilities and to the storage unit.

It is completely prohibited to enter the facilities with any kind of animal, unless it is a guide or assistance animal.

Authorised persons: Only those persons who have signed the contract and those authorised under section "9. Rights and Obligations" may access the facilities. mitrastero24 reserves the right to verify the identity of any person accessing the facilities, as well as to restrict access to any person not accompanied by a client of the facilities.

Authorised vehicles: Authorised persons may only park in the loading and unloading space of the facilities with a light vehicle. Any vehicle more than 5m long, of more than 3.5T load or with a load capacity of more than 15m3 is completely prohibited on the site of the facilities.

Manner of access: It is completely prohibited to enter the facilities by taking advantage of the entry or exit of another person or vehicle. Access must be by means of the personal code enabled or through the client's control panel. Should the personal code be forgotten or problems arise with access to the client's control panel, the client may request help from the mitrastero24 Technical Assistance Centre during its opening hours.

It is completely prohibited to block in any way the opening or closing of the access doors to the facilities, because of the security risks this entails. On leaving the facilities, the client must ensure that the door closes completely in order to prevent unauthorised access to the facilities. Should the access control system or the motor of the entrance gate to the facilities fail, the client must immediately contact the Technical Assistance telephone number during its opening hours or the Customer Service telephone number.

D) Customer Service and Technical Assistance.

The Customer Service telephone number is 0 Telephone Customer Service hours are Monday to Friday on working days from 00:00 to 00:00, and on working Saturdays from 00:00 to 00:00.

The Technical Assistance telephone number is available through the client's control panel. Technical Assistance hours are Monday to Saturday on working days from 00:00 to 00:00.

E) Prohibition of smoking on the site of the facilities.

Smoking and dropping cigarette butts are expressly prohibited throughout the site of the facilities, both inside and outside the storage unit.

F) Noise.

Any disturbing noise caused unnecessarily or without due care within the facilities is completely prohibited, by day and by night. In particular, the client must switch off the engine and radio of their vehicle when inside the site of the facilities. The client must take particular care not to make noise at night, at weekends and on public holidays.

G) Equipment made available to or hired by clients.

Handling equipment: mitrastero24 may make handling equipment, such as trolleys, available to the client for their exclusive use within the site of the facilities in order to facilitate the movement of heavy goods and objects between the entrance to the premises and the storage unit, and for their exclusive use inside the establishment. The client must use this equipment at their own risk and must not allow minors to handle it, with no liability whatsoever on the part of mitrastero24, in particular on the basis of articles 1891 and 1384 paragraph 1 of the civil code. This equipment, the property of mitrastero24, must be supervised at all times by the client and must be kept in the area indicated for that purpose within the loading and unloading zone when it ceases to be used. In the event of loss of or damage to this equipment through improper use, the client responsible shall bear the full cost of replacing it as new. The client shall incur a charge of €25 per day if any of the equipment made available to all clients by mitrastero24 is retained inside their storage unit.

Data protection.

In accordance with the legislation in force on the protection of personal data, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter GDPR), the data subject is informed of the following matters relating to the processing that mitrastero24 carries out of their personal data:

A) Data controller.

Identity: mitrastero24

Tax ID: 0

Postal address: Calle 0 0 0. 00000 0

Telephone: 0

Email address: 0

B) Purpose of the processing.

Maintenance, development, performance and monitoring of the contractual relationships with our clients and of the services they request. For its part, in relation to the access control system that mitrastero24 has installed, personal data shall be used to manage access control to the facilities. We shall likewise use clients' identification and contact details to send, by electronic means or otherwise, technical, operational and/or commercial information on news and commercial information about activities, products and services. In addition