Terms and Conditions

 STANDARD SELF STORAGE LICENCE AGREEMENT – CONDITIONS

1. So long as all Fees are paid up to date and subject to these Conditions, You: (a) are granted a licence during the Storage Period only to store Goods in the Unit allocated to You by Us from time to time and only in that Unit; (b) are deemed to have knowledge of the Goods in the Unit; and (c) warrant that You are the owner of the Goods in the Unit and/or entitled at law to deal with them in accordance with all aspects of this Agreement as agent for the owner.

2. We: (a) do not have and will not be deemed to have knowledge of the Goods; (b) are not a bailee, custodian or warehouseman of the Goods and You acknowledge that We do not take possession of the Goods; (c) do not grant any lease or tenancy of the Unit or any part of the Facility and nothing in this Agreement creates a landlord and tenant relationship; and (d) retain control, possession and management of the Facility and the Unit and the You have no right to exclude Us from the Facility or the Unit.

3. This Agreement will come into existence between Us and You when We notify You We have accepted Your order by signing the Cover Sheet. The Storage Period will begin on the date agreed with You during the order process and set out on the Cover Sheet.

4. You must pay the Deposit on signing this Agreement. The Deposit (or the balance after appropriate deductions for unpaid Fees, repairs, cleaning or other charges required to remedy a breach by You) will normally be refunded to the payment card used for Your account within 21 days after termination of this Agreement. If a card refund is not reasonably possible, We may refund by electronic transfer or another reasonable method.

5. You are responsible to pay: 

(a) the Storage Fee (being the amount set out on the Cover Sheet or otherwise agreed with You). Storage Fees are payable in advance. We will normally collect payment by automatic recurring credit or debit card payment (American Express is not accepted) using Our payment processor. We do not accept cash or Direct Debit. You authorise Us to collect recurring payments on the agreed Due Date during the Storage Period. It remains Your responsibility to ensure payment is made on time and in full. We will issue an electronic invoice following payment. Any payment must be clearly identifiable to Your account. We will not treat payment as received until it has been received by Us in cleared funds;

(b) a Late Payment Fee each time a payment is late or cancelled; 

(c) any costs incurred by the Us in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, unit inventory, debt collection, personnel and/or default action costs and associated legal and professional fees; 

(d) any government taxes or charges (including any value added tax or insurance premium tax) levied on any supplies made under this Agreement; and 

(e) the Cleaning Fee or charges for repairs, to be invoiced at Our discretion as described in Clause 23.  

Where You have more than one agreement with Us, all will form one account and We may in our sole discretion apply any payment made by You or on Your behalf on this Agreement against the oldest amount due from You to Us on any agreement in the account. If You make a part payment of any Storage Fees due to Us and We retain Your part payment, this will not affect Our ability to take any action against You or to exercise any rights We have under this Agreement in respect of the Storage Fees which remain outstanding from You. The time period from which We may take such action will still start from the Due Date when the original Storage Fees were due and the Due Date will not be extended as a result of Your part payment.

6. We take the issue of prompt payment seriously and We shall have a general and particular right of lien, which is a right to seize and sell or otherwise dispose of some or all of the Goods as security for Your obligation to make payments under this Agreement.  If any sum owing to Us and other Fees related to this Agreement are not paid when due (Debt), You authorise Us without further notice to: (a) refuse You and Your Agents access to the Goods, the Unit and the Facility and to overlock the Unit until the Debt has been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge You 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 Clauses 8 to 10. You acknowledge that (a) We shall be entitled to continue to charge Storage Fees from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) We will sell the Goods as if We were the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if You do not pay Fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which You have received will be payable by You in full.

7. If on expiry or termination of this Agreement for any reason, You fail to remove all Goods from the Unit, We are authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Clauses 8 to 10. You are liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods together with any costs of disposal incurred, which shall be added to the, or treated as a, Debt.

8. Before We sell or dispose of the Goods, We will give You notice in writing directing You to pay (if You are in default) or collect the Goods (if they are treated as abandoned). This notice will be sent by registered or recorded delivery to the postal address last notified by You to Us in writing and by email and/or by direct message on social media. If no address within the UK has been provided, We will use any postal or email address or social media details We hold for You and any ACP. If You fail to pay the Debt and/or collect the Goods (as appropriate) We will access the Unit and begin the process to sell or dispose of the Goods. You consent to and authorise the sale or disposal of all Goods without further notice regardless of their nature, content or value. We will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. We may also require payment of default action costs, including any costs associated with accessing the Unit and disposal or sale of the Goods, which shall be added to the, or treated as a, Debt.

9. 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, You must pay Us the balance within 7 days of a written demand from Us. We 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 You, We will attempt to return the excess funds to you.  If this is not reasonably possible, we will hold the balance for You but no interest will be payable on it.

10. If, in the opinion of Us and entirely at Our discretion, the 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, You authorise Us to treat the Goods as abandoned and We may dispose of all Goods by any means at Your cost. We may dispose of the Goods at Our discretion in the event that: (a) Goods are damaged due to fire, flood or other event that has rendered them, in Our reasonable opinion, severely damaged, of no commercial value, or dangerous to persons or property; or (b) Goods may contain personal data belonging to You or others. We do not need Your prior approval to take this action but will send written notice to You within 7 days of assessing damaged Goods.

11. Any items left unattended in common areas at the Facility or outside Your Unit at any time shall be treated as abandoned and may at Our discretion be moved, sold or disposed of immediately with no liability to Us.

12. You have the right to access the Unit during Access Hours as posted by Us and subject to this Agreement. You and every Agent or visitor must report to Reception and sign in on every visit and must produce identification if requested. We do not charge an additional fee for access during normal Access Hours. We may change Access Hours temporarily to other reasonable times and will try to give advance warning by notice at the Facility and/or by SMS or email.

13. If We have agreed to grant You extended access to the Unit outside normal hours, the extended access is available between the hours indicated on the Cover Sheet, subject to You paying any relevant additional charges.

14. Only You or an Agent previously nominated by You may access the Unit. Any change to an Agent’s authority must be notified to Us in writing. Possession of a Unit key or padlock key does not by itself establish authority to access the Unit. You are responsible for and liable to Us and other users of the Facility for Your own actions and those of Your Agents. We may require satisfactory proof of identity at any time and may refuse access where it is not produced.

15. We may refuse You access to the Unit and/or the Facility where moneys are owing by You to Us, whether or not a formal demand for payment has been made, or if We consider the safety or security of any person, Unit or Goods on or at the Facility has been threatened or may be put at risk.

16. You should not leave a key with or permit access to the Unit to any person other than Your own Agent who is responsible to You and subject to Your control.  If You do so, it is at Your own risk.

17. You authorise Us and Our agents and contractors to enter the Unit in the following circumstances and to break any 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 Unit or any other part of the Facility; (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; (c) if We believe the Unit is being used to store prohibited Goods or for a prohibited purpose; (d) if We are obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, other competent authority or by a Court Order; or (e)  to relocate the Goods or exercise Our lien or power of sale or disposal in accordance with this Agreement.

18. You must not store (or allow any other person to store) any of the following in the Unit: (a) food or perishable goods, candles, or anything which may deteriorate, rot, become mouldy or attract vermin; (b) living creatures or plants; (c) combustible, explosive or flammable substances including gas, LPG cylinders, paint, paint thinners, petrol, oil, cleaning solvents or compressed gases; (d) firearms, explosives, weapons, ammunition or vapes/e-cigarettes; (e) chemicals, radioactive materials, biological agents, toxic waste, asbestos or other potentially hazardous substances; (f) any item that emits fumes or odours; (g) illegal items or substances or goods illegally obtained, including illicit/counterfeit/smuggled tobacco or alcohol, drugs, and unlicensed or unsafe goods including toys, electrical goods, medicines, aerosols, cosmetics and fireworks; (h) goods which are environmentally harmful or a risk to any person or property; (i) currency, deeds and securities; (j) property whose value to You cannot reasonably be assessed financially, including goods purely of sentimental value; (k) furs, antiques or curios; and (l) any other Goods prohibited under Clause 20.

19. You must not use portable heaters in the Unit at any time.

20. You must not store in any Unit: (a) Lithium-ion batteries unless they are built into otherwise permitted Goods and cannot be removed; (b) portable battery chargers, power banks or similar portable power sources; (c) E-Scooters, E-Bikes, E-Skateboards or other battery-powered or motorised vehicles of any kind, including lawnmowers; or (d) more than five laptops, tablets or similar permitted items containing built-in batteries. For the avoidance of doubt, the general prohibition in (c) applies regardless of the separate numerical wording that may appear in older customer information.

 

 

20.1 When storing permitted Goods containing built-in batteries, You must ensure that the Goods are free from visible physical defect or fault, are not stacked and are stored so as to allow air circulation. Batteries must not be charged in the Unit. We recommend that permitted built-in batteries are stored with the lowest practical charge.

20.2 Refrigerators and freezers must be fully defrosted, and washing machines and dishwashers must be completely drained, before storage. We may inspect such Goods before they are placed in the Unit. You will be liable under Clause 32 for any breach of this Clause 20.

CONDITIONS:

21. You will be solely responsible for securing the Unit and ensuring it is locked so as to be secure from unauthorised entry at all times when You are not in the Unit. We will not be responsible for securing any unlocked Unit. You are not permitted to apply a padlock or other device to the Unit in Our overlocking position and We may have any such padlock or device forcefully cut off at Your expense. Where applicable, You will secure the external gates and/or doors of the Facility.

22. You will use the Unit solely for the purpose of storage and shall not (or allow any other person to): (a) use the Unit as offices or living accommodation or as a home, business or mailing address; (b) use or do anything at the Facility or in the Unit which may be a nuisance to Us 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 Unit); (c) use or do anything at the Facility or in the Unit which may invalidate or increase premiums under any insurance policies of Us or any other person; (d) paint or make alterations to or attach anything to the internal or external surfaces of the Unit; (e) connect or provide any utilities or services to the Unit unless authorised by Us; (f) cause damage to the Unit or any part of the Facility (which includes by removal, haulage or delivery contractors); or (g) create any obstruction or leave items or refuse in any common space within the Facility.  

23. You must maintain the Unit by ensuring it is clean and in good repair during the Storage Period. In the event of uncleanliness or damage to the Unit or Facility, We will be entitled to retain the Deposit, charge a Cleaning Fee, and/or claim full reimbursement from You of the reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse.

24. You must (and ensure that Your Agents) use reasonable care on site, respect the Facility and other users, report damage or defects immediately and comply with Our reasonable directions and site safety/security policies. Children under 12 are not permitted on Castlebank’s site. Animals are not permitted in the Storage Facility, except assistance/sight dogs; any separate permission for dogs in the retail shop does not permit them into the Storage Facility. You must comply with Reception sign-in requirements on every visit.

25. This Agreement does not confer on You any right to exclusive possession of the Unit and We reserve the right to relocate You to another Unit not smaller than the current Unit: (a) by giving 14 days’ notice during which You can elect to terminate this Agreement under Clause 40; or (b) on shorter notice if an incident occurs that requires the Unit or section where it is located to be closed or sealed off.  In these circumstances, We will pay Your reasonable costs of removal if approved in writing by Us before removal. If You do not arrange removal by the date specified in Our notice, then You authorise Us and its agents to enter the Unit and move the Goods as Your agent on Your behalf and at Your risk (except for damage caused wilfully or negligently which is subject to the limitations in Clause 30). Following removal this Agreement will be varied by substitution of the new Unit number but otherwise continues on the same terms at the Storage Fees in force for the original Unit at the time of the removal.

26. You must ensure the Unit is suitable for the storage of the Goods intended to be stored in it and You are advised to inspect the Unit before storing Goods and periodically during the Storage Period. We make no warranty or representation that any unit is suitable for any particular goods and We accept no liability in this regard. Unit sizes are approximate. If You have exact requirements, You must check with Us before signing this Agreement as, by signing, You agree to the actual size of the Unit and not any represented unit size.

27. We may refuse storage of any Goods or require You to remove Goods if in Our opinion storage of such Goods creates a risk to the safety of any person or property.

28. You must give notice to Us in writing of the change of any contact details on this Agreement for You or the ACP within 48 hours of any change. You agree We are entitled to discuss any default by You with the ACP registered on the front of this Agreement.

29. We will not be liable for any loss or damages suffered by You as a result of You not being able to access the Facility or the Unit, regardless of the cause.

30. The Goods are stored at Your sole risk and responsibility and You shall be responsible for and bear the risk of any and all theft, damage to, and deterioration of the Goods caused by any reason. We exclude all liability in respect of: (a) loss or damage to Your business, if any, including consequential loss, lost profits or business interruption; (b) loss of or damage to Goods or any claim for return of the Storage Fees except where this results from Our negligence or breach of contract, in which case Our liability will be limited to the sum of £100 in total.  We do not exclude or limit liability for physical injury to or the death of any person which is a direct result of negligence or wilful default on the part of Us, Our agents and/or employees.

31. We do not provide insurance for the Goods. It is a condition of this Agreement that the Goods remain adequately insured by You at all times for their full Replacement Value (as stated on the Cover Sheet) while in storage. You are responsible for arranging and maintaining suitable insurance, ensuring that it covers the Goods whilst stored at Castle Bank Self Storage and that the declared Replacement Value remains adequate. We do not give advice on the adequacy of any policy and any inspection of insurance documents by Us does not amount to approval of the cover.

32. It will be Your responsibility to compensate Us for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by Us or third parties (Liabilities) resulting from or incidental to: (a) Your use of the Unit (including but not limited to the ownership or storage of Goods in the Unit, the Goods themselves and/or accessing the Facility); or (b) breach of this Agreement by You or any of Your Agents; or (c) enforcement terms of this Agreement.

33. You agree to comply with this Agreement and all laws and regulations relevant to the use of the Unit. This includes laws relating to any Goods which are stored and the manner in which they are stored. You will be responsible for all Liabilities resulting from such a breach.

34. If We have reason to believe that You are not complying with all relevant laws We may take any action We consider necessary, including, but not limited to, action outlined in Clauses 17 and 41, contacting, cooperating with and/or submitting Goods to relevant authorities, and/or immediately disposing of or removing Goods at Your expense. You agree that We may take such action at any time even though We could have acted earlier.

35. We shall not be considered to be in breach of this Agreement nor liable for any delay in performing or failure to perform any of Our obligations under this Agreement or any resulting loss or damage to Goods if such delay, failure, loss or damage results from events, circumstances or causes beyond Our reasonable control.  Such circumstances include (but are not limited to) 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 recommended restrictions, epidemic, pandemic, or entry into any unit including the Unit or the Facility by, or arrest or seizure or confiscation of Goods by, competent authorities. If this happens, We will not be responsible for failing to allow access to the Goods, Unit and/or the Facility for so long as the circumstances continue. We will try to minimise any effects arising from such circumstances.

36. We collect information about You and any ACP on registration and while this Agreement continues, including personal data (Data). We process Data in accordance with UK data protection law. Our Facility uses CCTV and may use facial recognition and automatic number plate recognition (ANPR) for security, crime prevention and access management. CCTV/recognition data is retained for a minimum of 30 days and may be retained longer where relevant to an investigation or legal matter. Details of how We use Data, the lawful bases relied upon, retention and Your rights are in Our Privacy Notice at https://castlebank.biz/privacy-policy/. You confirm that any ACP has been informed of, and consented to, You supplying their Data to Us on these terms.

37. If You give consent, We will use Data for feedback purposes, including to provide information on products or services provided by Us in response to requests from You or if We believe they may be of interest.  Your choice with regard to the relevant use of Data is indicated in the Cover Sheet and can be changed at any time by contacting Us.

38. We can send You notifications regarding day to day matters and minor changes to this Agreement by email and/or by SMS.These notifications will be effective one hour after sending or immediately if they relate to an urgent problem or emergency. We may also send you a direct message on Your social media accounts.

39. Notices to be given by Us or You for significant changes to the services or these terms, or to enforce rights under this Agreement (including ending the Agreement, changing prices, significant disruptions or enforcing Our right to sell or dispose of Goods), must be in writing and delivered by hand, pre-paid post or email. Notices are treated as received at delivery by hand, one day after sending by email or 48 hours after posting. Notices from Us will be sent to the latest contact details You have provided. If We cannot contact You, We may serve notice on the ACP. Notices from You may be delivered by hand or post to Castle Bank Self Storage, Cranbrook Road, Staplehurst, Kent, TN12 0EU, or by email to info@castlebank.biz. Where more than one customer is named, notice to or by any one named customer is sufficient.

40. If You entered into the Agreement without physically coming into the Facility, then You have 14 days after We confirm acceptance of Your order to change Your mind (cooling off period). If You cancel during this period a refund will be provided based on the length of storage You have taken prior to cancelling and all Goods being removed from the Unit.  We can use any payment made by You to settle some or all of this sum. You can cancel by email, post or telephone call to Us referring to Your name, address, date of order, and Unit number.

41. Unless otherwise agreed in writing, either We or You may end this Agreement by giving the other party at least 30 days’ written notice in accordance with Clause 39. Your notice should expire at the end of the applicable rolling Storage Period. Storage Fees and other charges already paid for a Storage Period that has commenced are non-refundable, except where required by law (including any applicable rights under Clause 40). If You give insufficient notice, We may retain from the Deposit or charge the Storage Fees that would have been payable during the required notice period. You must remove all Goods by close of business on the Termination Date, leave the Unit clean and in good repair, and pay all sums due. Clauses 6 to 10 and 23 apply where Goods, rubbish or sums remain outstanding. If We enter the Unit and find no Goods stored, We may terminate without advance notice but will notify You within 7 days.

42. You agree to examine the Goods carefully on removal from the Unit and must notify Us of any loss or damage to the Goods as soon as is reasonably possible.

43. Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of Us or You that came into effect during the term of the Agreement prior to termination or expiry.  This includes the right to claim damage for breach of the Agreement, liability for outstanding monies, property damage, personal injury, environmental damage and legal responsibility under this Agreement.

 

44. Castle Bank Self Storage does not accept deliveries on Your behalf. Any separate removal, transport, forklift or other assistance that We may make available is subject to availability, Our site rules and any separate terms or charges notified to You. Nothing in this Agreement obliges Us to accept custody of Goods on Your behalf.

45. We guarantee that the Storage Fee will not increase during any fixed term expressly agreed with You in writing. After that fixed term, or where Your Agreement is rolling and no fixed-price term applies, We may vary the Storage Fee or other terms by giving You written notice. Any modified terms will take effect on a Due Date occurring not less than a month after Our notice. You may end this Agreement before the change takes effect by giving notice in accordance with Clause 39 and Clause 41. Changes to promotional offers do not retrospectively alter a fixed term or discount already agreed with You.

46. You acknowledge and agree that :(a) the terms of this document constitute the whole agreement with Us and, in entering this Agreement, You do not rely on any statement, promise, representation, assurance or warranty which is not set out in this Agreement; (b) any descriptions or illustrations on our website are published for the sole purpose of giving an approximate idea of the services described in them but they will not form part of this Agreement or have any contractual force; (c) the terms of this Agreement apply to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing; (d) You have raised all queries relevant to Your decision to enter this Agreement with Us and We have, prior to You entering into this Agreement, answered all such queries to Your satisfaction; (e) any special terms agreed between You and Us, been recorded in writing and incorporated into the terms of this Agreement; (f) if We decide not to exercise or enforce any right that it has against You at a particular time, then this does not prevent Us from deciding to exercise or enforce that right at a later date unless We tell You in writing that We have waived or given up its ability to do so; (g) it is not intended that anyone other than You and Us will have any rights under this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to it; (h) if any provision or part-provision of this Agreement is or becomes invalid, unlawful or unenforceable to any extent, it shall be treated as deleted, but that shall not affect the validity and enforceability of the rest of this Agreement; (i) You may not assign or transfer any of Your rights under this Agreement or part with possession of the Unit or Goods whilst they are in the Facility; (j) We may transfer Our rights under this Agreement to another organisation and will let You know if We plans to do this; and (k) where there are two or more joint customers, each individual customer takes on the obligations under this Agreement separately and We may enforce our rights against any one of the joint customers.

47. 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 first try 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. The parties agree that, other than for emergency interlocutory relief, neither party shall commence legal proceedings against the other unless it has first offered to submit the dispute to mediation and mediation has not commenced within a reasonable period of time after such offer was made.

 

48. Not used. Castle Bank Self Storage does not take out insurance for Your Goods under this Agreement. Your insurance obligations are set out in Clause 31. Any reference in an older version of this form to “Insured Contractor”, insurance/protection charges or Castle Bank arranging insurance is deleted and does not apply.

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