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Algemene voorwaarden

Introduction

By accessing our (mobile) website, using its search and filter functions and/or by completing a reservation through whatever medium, you acknowledge and agree to have read, understood and agreed to the terms and conditions (including the Privacy Policy) –as may be amended from time to time- set out below (hereinafter the ‘Terms and Conditions’).
This website, the content and infrastructure of these pages, and the online reservation service (excluding the payment service) provided by us on these pages and through the website are owned, operated and provided by Book Your Box bv and are provided for your personal, non-commercial (B2C) use as well as business, commercial (B2B) use, subject to the terms and conditions set out below. The relationship that we have with the Landlords is subject to separate terms and conditions which govern the (B2B) commercial and legal relationship we have with each of these Landlords. Each Landlord acts in a professional capacity vis-à-vis Book Your Box when making its service available on www.bookyourbox.com (both for its business-to-business (“B2B”) and/or business-to-consumer (“B2C”) relationship). Please note that Landlords have their own, separate terms and conditions which could apply to you, as Tenant. In case the Landlord has uploaded its general terms and conditions on www.bookyourbox.com, these terms and conditions will be accessible to you and you will be required to accept these when making an online reservation on www.bookyourbox.com.

Definitions

“Book Your Box”, “us”, “we” or “our” means BookYourBox bv, a limited liability company incorporated under the laws of Belgium, registered with the Crossroads Bank for Enterprises under number 0729.839.183 and having its registered address at Heidebloemstraat 37, 3580 Beringen, Belgium;
“Landlord” means the professional provider of self-storage units and any other related product or service as from time to time available for Reservation on the Platform (whether B2B or B2C);
“Platform” means the (mobile) website (www.bookyourbox.com) and app on which the Service is made available and/or hosted by Book Your Box;
“Rental” means the rental of a self-storage unit by a Tenant from the Landlord;
“Reservation” means the booking, reservation and/or payment of a Rental through the Platform;
“Service” means, with respect to self-storage units from time to time made available by Landlords on the Platform, the search, compare, online reservation and (facilitated) payment of (part of the) rent functions as offered or enabled by Book Your Box through the Platform;
“Tenant” means the natural or legal person who completed a Reservation.

1. Our Service as an intermediary

Through the Platform, Book Your Box provides an online platform through which Landlords – in their professional conduct of business (i.e. B2C or B2B) – can advertise, market, sell, promote and/or offer (as applicable) their self-storage units for reservation and rent to visitors of the Platform. Such visitors can discover, search and compare Landlords and make reservation and/or payment (i.e. the Service). By making a Reservation through the Service, you enter into a direct, legally binding contractual relationship with the Landlord with which you make a Reservation. From the point at which you make your Reservation, we act solely as an intermediary between you and the Landlord, transmitting the relevant details of your Reservation to the relevant Landlord and sending you a confirmation email. Book Your Box does not (re)sell, rent out, offer any self-storage product or service.
When rendering our Service, the information that we show on our Platform is based exclusively on the information provided to us by Landlords. Landlords that market and promote their self-storage units on the Platform are given a Landlord account through which they are fully responsible for updating all rates/fees/prices, availability, policies & conditions, descriptions and other relevant information which is displayed on our Platform. Book Your Box will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any inaccurate, misleading or untrue information or omission of information. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality or service level of any Landlord .

2. Free of charge for Tenants

Unless indicated otherwise, our service is free of charge for Tenants. We will not charge you for our Service.
Landlords pay a monthly, fixed fee to Book Your Box to be displayed on the Platform. In addition, for each Reservation, Landlords pay a commission to Book Your Box. Book Your Box can agree with a Landlord to charge that Landlord a fixed fee only or a commission for each Reservation only. Landlords cannot pay a higher fee to Book Your Box for more visibility.

3. Prices, promotions and crossed-out rates

All prices displayed on our Platform are excluding VAT unless stated otherwise on our Platform or in the confirmation email. In the event of a Reservation, the applicable VAT will be included in the price for the first month of rent payable to complete the Reservation.
Sometimes cheaper rates are available on our Platform for a specific self-storage unit. These rates made available by Landlords may carry special restrictions and conditions, for example a minimum stay. Please always carefully check the relevant promotion conditions prior to making your Reservation.
The crossed-out rate shown for a self-storage unit is the price that under normal circumstances would apply to the self-storage unit. In case of a crossed-out rate, the Landlord decided to apply a different rate for the same self-storage unit (hereinafter the “Promotion Price”). For the first month of rent, Landlords can also provide for rate that differs from the following month(s) of rent. The promotion symbol indicates a Promotion Price or a different rate for the first month of rent.

4. Space calculator

The results expressed in square meters (m²) and/or cubic meters (m³) following application of the space calculator available on the Platform, are indicative only and should not be regarded as correct values for the required size and volume.

5. Payment during Reservation

In order to confirm your Reservation via the Platform, you will be required to pay the first month of rent for the Rental. This payment is safely processed Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Landlord will in each case constitute a payment of the first month of rent (including applicable VAT, but excluding potential (one-off) (administrative) costs and charges and/or deposits). This payment is not refundable. Payments for the following month(s) of rent and/or applicable (one-off) (administrative) costs and charges and/or deposits, charged by the Landlord are to be paid outside of the Platform. The Landlord determines the applicable payment conditions for these payments. You will pay the Landlord the amount contained in the reservation confirmation email (including applicable VAT). Book Your Box will never collect and/or receive rental monies.
Please carefully check the (reservation) details of your self-storage unit of choice prior to making your Reservation. You will not hold Book Your Box liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Landlord and not (re)claim any amount for any valid or authorized charge by the Landlord of your credit card.

6. No cancellation via Platform

Reservations and the related payment of the first month of rent cannot be cancelled or repaid, unless the terms and conditions of the relevant Landlord provide for this option or the Landlord agrees otherwise. Under no circumstances will Book Your Box treat or facilitate a (request for) a cancellation and/or a refund.

7. Terms and conditions of Landlords

By making a Reservation with a Landlord, you accept and agree to the terms and conditions of that Landlord. The terms and conditions for each Landlord are available on the Platform during the reservation process and in the reservation confirmation email (accessible via hyperlink). Please carefully check the (reservation) details of your self-storage of choice (including the price overview) as well as the terms and conditions of the relevant Landlord prior to making your reservation.

8. Tenant details

In order to duly complete and secure your Reservation, you need to use your correct email address. You should also provide your correct first name, name and address. The Landlord might reject your Reservation if these details are incorrect or incomplete.
Book Your Box is not responsible or liable for (and have no obligation to verify) any wrong or misspelled first name, name, address, email address or inaccurate or wrong (mobile) phone number or credit card number.

9. Correspondence after Reservation

By completing a Reservation, you agree to receive (i) a confirmation email containing the details of your Reservation and (ii) an email shortly after your check-in date in which we ask you to review the self-storage facility of your selected Landlord.

10. Ranking and Tenant reviews

The default setting of the ranking of Landlords on our Platform is ‘Distance’ (from near to far). You can also rank the Landlords by price or reviews.
Only customers who have made a reservation with a Landlord will be invited by Book Your Box to review (the facility of) the Landlord, accompanied by a score. Book Your Box does allow the Landlord to delete or respond to a review.
We reserve the right to adjust, refuse, or remove reviews by tenants and/or responses by Landlords at our sole discretion insofar it violates our review policy.
Book Your Box will not accept reviews which include:

  • Profanity, sexually explicit, hate speech, discriminatory, threats, violence
  • Mention of full names, personal attack towards the staff
  • Promoting illegal activities (e.g. drugs, prostitution)
  • Sites, emails and addresses, phone numbers, cc details
  • Politically sensitive comments

By uploading photos/images in addition to a review, the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to Book Your Box publishing and using these photos/images. Book Your Box does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of Book Your Box. Book Your Box disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Book Your Box at any time and without prior notice.

11. Complaints

Any claim or complaint against Book Your Box or in respect of the Service must be promptly submitted, but in any event within 30 days after the start date of the Rental as stated in the confirmation email. Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any compensation, in case of damage or costs. Under no circumstances does a claimant derive a right to compensation solely from lodging a claim or complaint.
All claims or complaints can be submitted through the “Contact us” section as well as via email to support@bookyourbox.com.
For consumers (as defined in Article 2(1) Directive 2011/83/EU, hereinafter the “consumer”) in the European Economic Area: We advise you to first notify us of any complaints by contacting us directly. If this does not resolve your complaint, you can upload your complaint via the European Online Dispute Resolution platform of the European Commission (ODR): www.ec.europa.eu/odr. Consumers as well as the ODR can also contact us support@bookyourbox.com.

12. Privacy

Book Your Box respects your privacy. Our Privacy Policy is available on www.bookyourbox.com/en/page/privacy-policy.

13. Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your Reservation, which corresponds to the first month of rent of the your selected self-storage unit of choice, as set out in the Reservation confirmation email.
However and to the extent permitted by law, neither we nor any of our officers and directors shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Landlord whose self-storage units are made available on our Platform or its self-storage units, (iii) the calculations (expressed in square meters (m²) and/or cubic meters (m³) by the space calculator available on our Platform, (iv) the services rendered or the products offered by the Landlord or other business partners, (v) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (vi) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Landlord or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Book Your Box is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Rental and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant Landlord is solely responsible and assumes all responsibility and liability in respect of the Rental (including any warranties and representations made by the Landlord). Book Your Box is not a landlord of any of the self-storage units available on its Platform, nor do we let or sublet any of the self-storage units available on our platform. Complaints or claims in respect of the Rental are to be dealt with by the Landlord. Book Your Box is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.
You agree and acknowledge that the Landlord is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (Rental) price or fee to the relevant tax authorities. Book Your Box is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (Rental) price or fee to the relevant tax authorities. Book Your Box does not act as the merchant of record for any product or service made available on the Platform.
Book Your Box does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of Book Your Box. Book Your Box disclaims all responsibility and liability for the pictures posted.

14. (Intellectual) property rights

Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Book Your Box bv, Landlords or providers.
Book Your Box exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the Service is made available and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content or would otherwise own any intellectual property rights in the Platform or any (translated) content, you hereby assign, transfer and set over all such intellectual property rights to Book Your Box. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
The logo of Book Your Box is a registered trademark in the Benelux (BOIP registration number: 1403121).

15. Applicable law, jurisdiction, and dispute resolution

These terms and conditions and the provision of our services shall be governed by and construed in accordance with Belgian law. Notwithstanding the foregoing choice of law, a consumer (as defined in Article 2(1) Directive 2011/83/EU, hereinafter the “consumer”) can rely on the mandatory provisions of the law of the country where they have their habitual residence. Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the Business Court of Antwerp, division Hasselt, Belgium. Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of enforcement of relevant applicable mandatory provisions in the courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled..
The original Dutch version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the Dutch version and any other language version of these terms and conditions, the Dutch language version to the extent permitted by law shall apply, prevail and be conclusive. The Dutch version is available on our Platform (by selecting the Dutch language) or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.