General Terms And Conditions
General terms and conditions of the rental agreement between WINE STORAGE SWITZERLAND GMBH (hereinafter called “Lessor”, or “WS”) and the tenant.
1. Contract Term
1.1. Minimum contract term is as agreed in the rental contract, and continuing year-to-year until terminated or revised. Once the minimal period has ended, either party may terminate this Agreement by giving the other party three months´ notice. The termination must be made in writing.
1.2. The unit must be handed over empty, clean and undamaged by the end of the contract period. If this does not happen, WS reserves the right to charge for the costs incurred to reinstate the storage unit, including the removal of the contents and store them elsewhere at the cost of the previous contract until collection.
2. Prices, Price Adjustments, Invoices
2.1. The agreed prices are exclusive of any applicable value-added tax (VAT). Should the VAT be revised during or after the minimum contract period, the storage rental price will be adjusted accordingly from the time of the revision. The tenant has no right of termination regarding this change.
2.2. Except for a change in the VAT, the rental price does not change during the minimum contract period. After which, a price revision can take place. In this case, the tenant has a special right to terminate the agreement on the date of the price adjustment, which he must exercise within four weeks of the price change notification. If the special right of termination is not exercised, the price adjustment is deemed to have been accepted.
2.3. Invoicing takes place annually. The invoice is sent exclusively via email and is due per due date stipulated in the invoice, as agreed in the rental agreement.
2.4. Other services such as transportation, or that requiring third-party services, as well as any work that goes beyond the normal services of WS, will be charged separately.
3. Upgrades, Downgrades
3.1. An upgrade, i.e. changing the rental contract to a higher-priced option according to availability, is possible on the next 1st of each month. The minimum contract term is applicable when the change is effective.
3.2. A downgrade, i.e. changing a current rental contract to a cheaper option, is only possible after the agreed minimum contract period has expired. The minimum contract term is applicable when the change is effective.
4. Fees and Charges
4.1. Storage rental: This is to be paid in full to WS for the use of the Unit, plus any applicable taxes, on the Start Date and payable thereafter in advance of the annual anniversary date of the Start Date (the “Rent Date”).
4.2. Administration Fee and Deposit: A one-time non-refundable administration fee and refundable deposit are payable prior to the Start Date. The deposit may, at WS´s option, be used to offset any default rental payment, but does not preclude WS from pursuing other rights to recover. In the event it is so used by WS, you will be immediately upon demand by WS to replenish the deposit. WS agrees to return the deposit, without interest, within 30 days of the termination of this Agreement, upon you returning the Unit in the same condition it was in as well as the access card and/or key provided.
4.3. Taxes: The Tenant assumes all responsibility for, and will promptly pay when due, all taxes and other amounts imposed by any governmental authority.
4.4. Late Payment Charges: For payments not received by the invoice due date, WS reserves the right to charge a late fee of EUR 40.00 and interest on arrears. In the case of payments not made after 60 days from the invoice date, WS reserves the right to charge collection costs, interest on arrears from the expiration date, terminate the contract (See §5). WS also reserves the right to block the access to the wine storage, and retain the contents of the storage unit to secure his claims. For this purpose, WS may clear the relevant unit or cellar and to relocate the stored wines. WS can charge a minimum fee of EUR 100.00/month, or a flat rate of CHF 2.00/bottle/month, whichever is higher, for the alternative storage for this purpose. The wines will be handed over upon full payment of the claim is received.
4.5. Returned Payments: If a direct debit authorization has been granted and the payment was not successful, the costs from the bounced payment and a CHF 50.00 processing fee are to be borne by the tenant.
5. Special Termination Rights
5.1. WS has the right to terminate the contract without notice if the tenant or his authorized third parties violate the provisions of the general terms and conditions, or the applicable house rules in a gross manner. Or, or in the event of a delay in payment of more than 60 days (see §4.4).
5.2. In the event of termination without notice, the key for access to the corresponding WS storage are required to be handed over immediately. Access for any necessary emptying of the unit must then be agreed individually with WS.
6. Changes to the terms and conditions / house rules
6.1. Tenants will be informed by email on changes in the terms and conditions.
6.2. The tenant has a right to object to the change, and a special right of termination to the agreement, which he must do in writing within four weeks of notification of the new terms and conditions. If no objection is lodged or the special right of termination is exercised, the General Terms and Conditions shall be deemed to have been accepted.
6.3. The respective house rules can be changed at any time without the consent from the tenant.
7. Card / Key
7.1. The keys to access each wine storage are and remain the property of WS. The keys must be returned to WS no later than 14 days from the end of the contract, with details of the tenant and the locker number.
7.2. Any key or card loss must be reported immediately to WS by email to email@example.com.
7.3. If the key is lost, a fee of CHF 250.00 excl. VAT per key is charged by WS to the tenant for the delivery and activation of the replacement key.
8. Limitation of Liability, Insurance and Claims
8.1. Unless otherwise agreed, tenants are responsible for their stored wines insurance coverage. WS is not liable to the Tenant for any damage or loss that may arise to the items stored due to fire, theft, vermin, water, vandalism or other similar causes of force majeure. Any insurance for the items stored or the Storage Unit must be taken out and paid for by the Tenant, including for example insurance against theft.
8.1.1. Due to the humidity in a cellar, damage to the labels cannot be ruled out during long-term storage. This does not necessitate a claim against the WS.
8.1.2. The failure of the technical systems (lighting, sound, access control, cooling, etc.) does not lead to a claim against WS.
8.1.3. WS shall ensure, to the best of his knowledge and belief, a suitable climate for wine storage through the corresponding natural conditions of the rooms and/or through technical systems. WS ensures that all systems are functioning and monitored. If there is a permanent interruption of the technical systems relevant to the climate, WSI undertakes to inform the tenant immediately so that he can relocate his wine if necessary. A claim for damages by the tenant for any damage to the wine attributing to adverse climatic influences against the WS only arises in the event of intent and / or gross negligence.
8.2. WS is insured against burglary, vandalism after burglary, explosion and fire up to a maximum compensation amount of the replacement value specified. This value is adjusted together with the insurer routinely.
8.2.1. The exact details of the storage facility´s insurance cover is available upon request.
8.2.2. In the event of a damage or loss claim, a detailed written list of affected stored wines confirmed by an affidavit, together with proof of a police report, are to be submitted to WS within 14 days of discovery. WS’s insurance pays compensation based on the replacement value of the stolen or destroyed bottles, and WS is liable for the compensation payment to the tenant directly for successful claims.
8.3. WS assumes no liability for personal injury. The use of the rooms and the outdoor areas is at your own risk.
9. Data Collection and Storage
9.1. For the safety of all tenants, the tenant agrees to having their identity checked by means of a copy of their ID card, proof of postal address and a copy of a bill from the electricity, gas company or telephone company.
9.2. For security reason, the tenant agrees to the video surveillance and saving of the video footages and storage access data, such as access key ID, date and time.
9.3. The tenant agrees to receive emails from WSI related to the storage agreement.