These General Terms and Conditions in the current version ("GTC") apply to all business transactions between THURM CONCEPT SLU (hereinafter referred to as THURM CONCEPT or "us") and our contractual partners (tenants) for the rental of dry storage spaces.
In the event of individual deviations from these T&Cs, the written form is recommended for reasons of verifiability.Insofar as legal transactions are concluded with contractual partners in the area of the Consumer Protection Act, these GTC shall only apply insofar as non-mandatory provisions of the Consumer Protection Act apply.As the lessor, THURM CONCEPT only provides the tenant with a dry storage space for a fee, additional services (winterization, weather protection, relocation, service work, etc. ) must be agreed separately.The dry storage place is selected by us depending on the agreement, outdoors or underground, we also determine the type of boat storage and cover the boat once.Insofar as ships have special dry storage regulations due to their design or nature, these must be notified to us before the contract is concluded and handed over, whereby the written form is recommended.We are entitled to exchange the originally assigned and rented space for another suitable space.We only provide the dry berth for temporary storage of the ship and cover the boat once in the course of winterization.It is the customer's responsibility to regularly check the proper covering/winterization, in particular to avoid damage caused by external weather conditions (e.g.water ingress, frost, snow pressure in the case of dry outdoor berths), vandalism or theft.The rented berth is not guarded and is not insured against damage of any kind, but covered berths are blocked outside our opening hours.We are only liable for damages for which we are responsible and which are based on intent or gross negligence on our part.We advise you to take out appropriate insurance.Unless otherwise agreed in the rental agreement, the lease begins and ends at the beginning and end of the winter storage season (01/10 to 30/04 of the following year).The rent is due as soon as the boat is in its dry storage area, but no later than the beginning of the winter storage season.Payments are to be made without any deduction.For arrears of rent and for outstanding expenses on the boat, we have a right of retention until our claims have been fully satisfied.If work is to be carried out on the boat during the agreed storage period, the lump sum agreed for the mooring time is not reduced.Boats with foreign status must have the necessary approval from the customs authorities for the rental period for the stay in the country.The associated costs will be invoiced separately to the tenant.We are not obliged to extend expiring permits for the stay of the boats in the country.Access to the dry storage area is based on our operating hours, which are indicated on our website and via a notice in the entrance area.Third parties, in particular members of third-party businesses, are only permitted to enter the Lessor's premises with the express permission of the Lessor.The overhaul of the renter's boat by the tenant himself or by third parties or other work on it on our premises is only permitted with our express permission.The same applies to the use of our machines and equipment as well as electricity and water supply.Furthermore, the tenant is not entitled to park or store other items on the rented area and/or the premises of the landlord without our permission.The lessee is obliged to fasten the standing and running goods, masts, tarpaulins, etc. in such a way that damage to the lessor's operating facilities and other boats is excluded even in adverse weather conditions.The lessee is obliged to ensure the safe storage of flammable substances on board, such as fuel, gas cylinders, paints, etc. , and to keep loose inventory, accessories, etc. under lock and key and safely stored.During the tenancy, the tenant is obliged to notify us immediately and without being asked to do so any change in ownership and rights to the items brought in.If, at the request of the renter or due to termination of the rental without notice, the boat is to be launched prematurely or out of the usual order, the renter shall bear the additional costs incurred by us as a result, including the costs of transporting other boats that become necessary in this case.The tenant grants us a lien on the boat, accessories and inventory for his claims arising from the tenancy.In accordance with the R.D.L., we inform our customers that their personal data (name, address, e- mail, telephone, fax) is required for the performance of the contract and billing and will be processed for this purpose, as well as for the purpose of checking creditworthiness, asserting contractual claims and for customer service and advertising purposes, and will be transmitted to appropriate service providers (credit agencies, debt collection agencies, lawyers, etc.) if necessary.The data will be stored by us until the expiry of legal retention obligations and limitation periods.The contracting party has the right to information, rectification, deletion, restriction of processing, objection and data portability, as well as the right to lodge a complaint with the supervisory authority.For more detailed information, please refer to our privacy policy on our website (www.THURM CONCEPT.com.The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is exclusively the court with local jurisdiction at our registered office.Only Español law applies.Should individual provisions of these GTC be invalid, the validity of the other provisions shall remain unaffected.The invalid contractual provisions are to be replaced by a provision that comes as close as possible to the intentions of the void or invalid contractual provisions.