1. GENERAL TERMS & CONDITIONS
1.1 The LESSOR rents out the Unit to the LESSEE for temporary use against payment, and the LESSEE rents the Unit from the LESSOR and undertakes to pay the agreed rental price and to comply with all the terms of the rental Contract, concluded between the parties.
1.2 Upon LESSEE’s request and against additional payment, the LESSOR may provide additional services, which are specified by type, price and other parameters in the LESSOR’s price list, valid as of the date of provision of the respective service.
2. PROHIBITION OF SUBLETTING AND TRANSFER OF RIGHTS UNDER THE CONTRACT
2.1 The LESSEE is not entitled to sublet the Unit or part of it to third parties without the prior written consent of the LESSOR.
2.2 The LESSEE is not entitled to transfer its rights or obligations under the Contract to third parties without the prior written consent of the LESSOR.
3. INTENDED USAGE
3.1 The LESSEE is entitled to use the Unit solely for storage of movable property, the nature and characteristics of which allow it to be kept in premises of an agreed size and in agreed condition, and which do not constitute Prohibited Items (defined below).
3.2 The LESSEE is not entitled to use the Unit for other purposes without the prior written consent of the LESSOR.
4. PROHIBITED ITEMS
4.1 The LESSEE is not entitled to import or keep the following movable items (“Prohibited Items”) in the Unit:
(i) toxic or highly flammable substances (such as gases, paints, fuels, petroleum products, oils, detergents, solvents, etc.);
(ii) corrosive or caustic substances, which may damage or otherwise affect the skin or other materials;
(iii) substances that are hazardous to the environment;
(iv) chemicals, radioactive materials, biological agents;
(v) garbage, waste of all kinds, perishable materials;
(vi) asbestos or materials containing asbestos;
(vii) compressed gases or compressed gas vessels;
(viii) items that emit fumes, gas, liquid, smoke, smell or noise;
(ix) plants (live or dead), animals (live or dead);
(x) food of any kind (including animal food):
(xi) explosives, ammunition, weapons or their components;
(xii) organs of animal or human origin;
(xiii) living or viable substances (such as cell cultures);
(xiv) leather, works of art, collectors’ items;
(xv) irreplaceable items, including, but not limited to, items of emotional value;
(xvi) money or securities;
(xvii) vehicles (damaged or in working order);
(xviii) any substances, the possession of which is prohibited or subject to a special regime (drugs, medicines, precursors, excise goods, etc.), property acquired through crime, objects that the Lessee does not possess or does not own on a legal/judicial basis;
(xix) hazardous substances and mixtures, as well as all other items whose possession, transportation and storage is regulated by the laws of the Republic of Bulgaria;
(xx) items whose total weight exceeds the maximum capacity in the Unit - 400 kg/m2;
(xxi) items that are not forbidden from entering the Unit but may become prohibited as a result of their stay in the Unit.
4.2 Entry or storage of Prohibited Items constitutes a substantial breach of the Contract, regardless of its duration. The LESSEE owes a penalty of 250 (two hundred and fifty) EUR, excluding VAT, for each individual offense.
4.3 In the eventuality that the LESSOR has reason to assume that Prohibited Items are kept in the Unit, he/she is entitled immediately, without notification and without being considered self-will or violation of the Contract, to remove the lock in a way that it deems appropriate, and to enter into the Unit, to draw up a record of the Prohibited Items identified and at the expense of the LESSEE to discard them and/or move them and/or transfer them to the competent authorities and/ or take any other action at their discretion.
4.4 If the Prohibited Items are of a kind that does not imply an imminent threat of damage to persons or property or the business reputation of the LESSOR and does not require notification or transfer to the competent authorities, the LESSOR may notify the LESSEE in advance and give him/her appropriate time to remedy the breach. In this case, the LESSEE’s access to the Unit is restricted and allowed in the presence of the LESSOR, solely for removing the Prohibited Items. If the LESSEE does not remedy the violation on time, the LESSOR shall take the actions under item 4.3 above.
4.5 In all the above cases, the LESSEE agrees that the LESSOR will not be liable for damages or losses incurred by the LESSEE because of removing the lock, accessing the Unit and undertaking the actions under item 4.3 against the Prohibited Items.
5. TERM OF LEASE
5.1 The Contract shall enter into force on the Start Date.
5.2 The lease term begins to run on the Start Date and the LESSEE owes payment of a rent from that date.
5.3 If the Contract is concluded for a specified period, then it is terminated at 6.00 pm on the last day of the term (if not terminated earlier on another ground).
5.4 If the Contract is concluded for an indefinite period, it shall be terminated by a unilateral written notice of termination served by either Party to the other Party, subject to par. 6.1 below.
5.5 If the notice of termination is received before or on the 15th of the respective month, the Contract shall terminate at 6.00 pm on the last day of the current month. If the notice of termination is received after the 15th of the month, the Contract shall terminate at 6.00 pm on the last day of the following month.
5.6 The LESSEE may use the Notice Form contained in Attachment 2 to the Contract or any other form in which it expressly states its intention to terminate the Contract.
5.7 At the date of termination of the Contract, the LESSEE shall pay all sums due for the period prior to termination, including rent, indemnities, fees, interest and any other.
6. PRELIMINARY CONDITIONS FOR RECEIVING ACCESS TO THE UNIT
6.1 Although the Contract enters into force on the Start Date, the LESSEE shall have access to the Unit upon payment of the rent under par. 13.4 and the Guarantee Deposit.
6.2 IN CASE THE RENT UNDER PAR. 13.4 OR THE GUARANTEE DEPOSIT ARE NOT BE PAID BY THE LESSEE WITHIN 3 WORKING DAYS (THE START DATE AND THE TWO NEXT BUSINESS DAYS), THE CONTRACT IS AUTOMATICLY TERMINATED AT 6.00 P.M. ON THE THIRD BUSINESS DAY.
7. RENDERING OF THE UNIT
7.1 The Lessee agrees that:
(i) The unit is provided for use with installed and operating lighting, without individual air conditioning, without heating (but with a guaranteed internal temperature in the range of 0 – 30o C), without plugs or other points for powering electrical appliances or devices.
(ii) The rent specified for the Unit does not depend on the exact quadrature or space of the room. Due to constructional features, an area is estimated for the premises, which may differ from the actual up to +/- 20%. Such a difference is not considered to be a breach of Contract and the LESSE is not entitled to compensation or any other claim on this ground;
7.2 The LESSEE declares that, before signing the Contract, he/she has inspected the Unit carefully and confirms that it is empty, clean, free from leaks, moisture, smells, stains or mold, deficiencies or other visible defects, and that the Unit is consistent with the purpose THE LESSEE has concluded the Contract, including in terms of size.
7.3 Rendering of the Unit shall be done by a two-way pass-through protocol. The refusal or delay of the LESSEE to sign the protocol does not violate the right of the LESSOR to claim and collect the rent and other amounts, due from the Contract as of the Start date.
8. ACCESS CARDS
8.1 The LESSEE can only gain access to the Unit via an access card (“Access Card”). The LESSOR provides readers for access card readers at the entrance and exit of the building where the Units (“the Building”) are located, as well as at the entrance and exit of Sofia City Logistic Park when the LESSEE uses a vehicle. All Access cards are owned by the LESSOR and must be returned immediately after the termination of the Contract.
8.2 Under the terms provided for in par. 6.1 above, the LESSOR shall provide THE LESSEE with 1 (one) Access Card, the price of which is included in the Lease.
8.3 The LESSEE may request issuance of additional Access Cards. The use of more than one Access Card is allowed against payment of a monthly fee of 10 (ten) BGN, VAT excluded.
8.4 The LESSEE pays a one-time fee of 15 (fifteen) BGN, VAT excluded, in each of the following cases: (i) reactivation of an Access Card (when the Access Card is blocked/deactivated by the LESSOR under the terms of the Contract); (ii) issue of an additional Access Card; (iii) replacement of an Access Card; (iv) for any Access Card, not immediately returned to the LESSOR after termination of the Contract; (v) for each Access Card which becomes non-functional due to LESSEE’s fault.
8.5 Requests for replacement, issue or reactivation of an Access Card shall be accepted and processed by the LESSOR’s employees only during LESSOR’s working hours.
8.6 The LESSEE is responsible for protection of the Access Cards provided to him/her. In case of loss or theft of an Access Card, the LESSEE must immediately notify the LESSOR.
8.7 The LESSOR shall not be liable for damages or losses suffered by the LESSEE or other persons, resulting from an improper notification of the theft or loss of the Access Card. Such damages or losses are compensated by the LESSEE. THE LESSEE understands and agrees that the LESSOR discontinues unauthorized access to the Unit in such cases only by invalidating the relevant Access Card (lost or stolen). The LESSOR may and must be notified to deactivate Access Cards (lost or stolen) only during their working hours.
8.8 The LESSOR shall provide Access Cards for the Unit to individuals at their discretion (“Authorized Persons”), after making a registration with the LESSOR. The LESSEE is not entitled to provide an Access Card to a person, not registered by the LESSOR as an Authorized Person. The LESSOR is not liable for damages or losses incurred by the LESSEE or other persons, because of breach of this prohibition. Such damages or losses are compensated by the LESSEE.
8.9 The costs of repairing or replacing an Access Card reader for reasons that the LESSEE is responsible for, including when caused by his or her Companions or Authorized Persons, are at the expense of the LESSEE.
9. ACCESS RULES
9.1 Regular access to the Unit and/or Customer Service Area of the LESSOR is made by using an activated Access Card within the LESSOR’s working hours. Night access from 11.00 p.m. to 06.00 a.m. to the Unit may be provided to the LESSEE against payment of a monthly fee of 25 (twenty-five) BGN, VAT excluded.
9.2 After receipt of the first Access Card, the LESSEE is entitled to place one lock-type lock on the fitted mechanisms to further control the Access to the Unit. The costs of purchasing, installing and maintaining the lock are at the expense of the LESSEE. When more than one lock is placed, access to the Unit shall be blocked until the violation is resolved.
9.3 The LESSOR is not liable for damages or losses caused by unauthorized use, theft or loss of a key or Access Card.
9.4 In case of a lost key or a locked lock, unlocking may be performed by the LESSOR as an additional service, against payment (by price list) at the request and in the presence of the LESSEE.
9.5 The building, in which the Unit is found, is located in the Sofia City Logistic Park. Access to the Building by vehicle or on foot is possible through a checkpoint from Abagar Str. The entry, exit, movement, stopping and/or parking on the territory of Sofia City Logistic Park shall be carried out in compliance with the rules and the organization established for the industrial base.
9.6 When loading or unloading items in/from the Unit, the LESSEE may park their vehicle at the designated maximum number of seats for up to 120 minutes per day free of charge. For longer stays, the LESSEE owes a parking fee according to the Sofia City Logistics Park tariff. In case of violation of the rules for staying/parking on the territory of Sofia City Logistic Park, the vehicle of the LESSEE will be forcibly moved to an authorized place at the expense of the LESSEE.
10. REQUIREMENTS FOR USE OF THE UNIT
10.1 The LESSEE is not entitled to use electrical appliances in the Unit or in the Building, without the prior written consent of the LESSOR.
10.2 The LESSEE maintains the cleanliness of the Unit, and removes any waste left by him/her in the Building. Removal of such waste is at the expense of the LESSEE.
10.3 The LESSEE is not entitled to:
(i) access/use the Unit in a manner that causes inconvenience to employees, visitors, or other lessees in the Building greater than the ordinary;
(ii) use the Unit for commercial purposes or business activity;
(iii) use the Unit for office or residential purposes;
(iv) use the Unit as a home or business address and receive correspondence, except under the conditions of 10.5 below;
(v) perform any building or repair work in the Unit or in the Building, as well as those creating vibrations or noise outside the Unit.
(vi) leave any items outside the Unit;
(vii) is entitled to take care of a good owner by protecting the people and property on the territory of Sofia City Logistic Park from damage;
(viii) to abide by the smoking, drinking and drugs use ban in the Unit and the Building.
10.4 Usage of the Unit as a company address as well as a correspondence address is an additional service and it is provided by the LESSOR at his discretion against payment by the LESSEE for a monthly fee (by price list). Upon termination of the Contract, the LESSEE undertakes to cease immediately the use of the Section as a company address or as an address for correspondence. After the date of termination of the Contract, and in the case of non-payment of fees due for the additional service, the LESSOR shall not owe the provision of the service and shall not be liable for the consequences of not accepted/not forwarded correspondence.
10.5 The LESSOR is not responsible for any items left by the LESSEE outside the Unit. With regard to such items, the LESSOR is entitled to:
(i) move and store them elsewhere, at the expense of the LESSEE. In this case, the LESSEE owes a rental payment corresponding to the space required to secure the storage; and/or
(ii) take action under par. 4.3 above.
11. RETURN OF THE UNIT AT TERMINATION OF THE CONTRACT
11.1 Upon termination of the Contract, the LESSEE shall, irrespective of the grounds, remove the lock at his/her own expense and return the Unit, cleaned and empty, to the LESSOR, in the condition in which it was received, taking into account normal wear and tear. In the event of non-performance of this obligation, the LESSEE shall pay to the LESSOR all costs related to the release, cleaning, transportation and repair of the Unit.
11.2 In the event that the LESSEE fails to empty and return the Unit upon termination of the Contract, he/she shall pay a penalty payment equal to the amount of the Lease for the default period, multiplied by two. In addition, the LESSOR may exercise the rights under par. 4.3 above.
11.3 In the eventuality that the LESSEE fails to empty and return the Unit upon termination of the Contract, the LESSOR is entitled to:
(i) unilaterally cut the electricity supply in the Unit, as well as provision of any other services and/or consumables, and the LESSEE is not entitled to make any claims and requests and/or other claims related thereto;
(ii) alone, without the assistance of a body of authority and without an explicit judicial, prosecutorial or any other decision or other act of the judiciary, only in the presence of a three-member committee, appointed by him/her himself/herself, to unilaterally restore the holding of the Unit, to remove locks and other locking mechanisms, and the LESSEE has no right to prevent him/her from exercising this right in any way, nor will the LESSEE be entitled to bring any claims, requests and/or other claims related to it. In this case, the three employees of the LESSOR compile themselves the Protocol for Release of the Unit, describing the status of the Unit, as well as the type, number and condition of the LESSEE found there; and/or
(iii) remove the items, found in the Unit with attached records and leave them in custody for a period of 1 month at the expense of the LESSEE. Upon expiry of this period, the LESSOR shall not be liable for damages or omissions of property owned or controlled by the LESSEE, and
(iv) order the performance of the necessary repairs at the expense of the LESSEE.
12. AUTHORIZED PERSONS. IDENTIFICATION
12.1 The LESSEE shall be obliged to identify to the LESSOR the identity of the persons to whom the LESSEE intends to grant access to the Unit and to provide them with an Access Card. For this purpose, the LESSEE shall fill out, sign and submit to the LESSOR an identification form in a certain format.
12.2 The LESSEE undertakes to identify as Authorized Persons only individuals who have expressed prior written consent to the collection, storage and processing of their personal data by the LESSOR. The LESSEE will compensate the LESSOR for any damage suffered by the LESSOR because of the LESSEE’s failure to perform this obligation.
12.3 The LESSEE is entitled to change the list of Authorized Persons, and the changes shall take effect from the moment of the submission of a written notification for the purpose, made during the working hours of the LESSOR.
12.4 The LESSOR has the right (but not the obligation) to require any Authorized Person to authenticate himself/herself by a valid issued ID, before authorizing access to the Unit, as well as a right (but not an obligation) to refuse access to the Unit to any person who cannot prove his capacity as an Authorized Person. Keeping an Access Card is not a proof to that effect.
12.5 THE LESSEE undertakes to ensure compliance with the Contract by the Authorized Persons, and shall respond unlimitedly and unconditionally in the event of their failure.
13.1 THE LESSEE owes and pays the LESSOR a rental (lease) throughout the term of the Contract, whether or not he/she uses the Unit, and whether his/her access to the Unit is restricted/blocked for the reason for which he is responsible.
13.2 The initial Lease is determined by the LESSOR’s pricelist, valid as of the Starting Date. The LESSOR reserves the right to periodically change the Rental (Lease) after 3 (three) months from the Starting date (when changes in market levels, changes in the necessary administration costs or maintenance of the sections, inflation and the like). The new amount of the rental (lease) is due from the beginning of the month following the introduction of the change. Notification of the change is made at least 30 calendar days in advance by e-mail to the LESSEE or by a message in the invoice issued to the LESSEE.
13.3 The rental (lease) is due and paid by the LESSEE to the LESSOR’s bank account, not later than the 5th of the current month. It is recommended to indicate the contract number in the payment order.
13.4 Upon termination of the Contract, the LESSEE pays:
(i) rental (lease) for the month of the Starting Date (first month): if the Starting Date is not the first day of the first month, then the rental (Lease) will be calculated in proportion to the actual number of days of use during the month (for 30 days);
(ii) The rental (lease) for the month following the month of the Starting Date (unless the Contract is concluded for a period expiring at the end of the first month).
13.5 Upon expiration of a prepaid or promotional period, the LESSEE owes monthly rent according to the current prices.
13.6 THE LESSEE agrees that the rent to be paid by him / her is automatically charged on a monthly basis if this is possible. The rent will be charged on every first day of the month.
13.7 All payments under the Contract will be made in BGN. If the amount due is determined or negotiated in another currency, the exchange rate of the Bulgarian National Bank shall be applied for the day of payment.Upon expiration of a prepaid or promotional period, the LESSEE owes monthly rent according to the current prices.
13.8 The LESSOR issues an invoice for the rental (lease) paid within the statutory period. The invoice is received at the LESSOR’s Reception Desk, during office hours. Failure to receive the invoice by the LESSEE does not release him/her from the obligation to pay the rental (lease) within the agreed term.THE LESSEE agrees that the rent to be paid by him / her is automatically charged on a monthly basis if this is possible.
13.9 In the event of late payment upon the Contract, the LESSEE owes to the LESSOR a penalty of 0.5% on the unpaid amount for each day of delay.
13.10 In case of delay of payment due or other breach of obligations under the Contract, the LESSOR is entitled to immediately block the LESSEE’s access to the Unit by deactivating the Access Cards or by installing its own lock on the Unit (without removing the LESSEE’s lock).
13.11 The LESSEE’s access to the Unit shall be returned upon payment of the amounts due or removal of the default.
13.12 The provisions of Section 14 of these General Terms and Conditions shall also apply, respectively, to the payment of the extraordinary timeshare fee, the fee for use of more than one Access Card, and other monthly fees.
14. CHANGE OF UNIT
14.1 The LESSOR reserves the right to replace the Unit with another similar without the consent of the LESSEE in any of the following cases:
(i) advancement or anticipation of an event or circumstance that, at the reasonable discretion of the LESSOR, requires closure of the Unit or premises in the Building;
(ii) closing the Unit or premises in the Building to be repaired or reconstructed.
14.2 In such cases, the LESSEE shall keep his/her belongings in another Unit for the period specified in the respective LESSEE’s notification, as the rental (lease) and other terms of the Contract remain unchanged. The LESSOR will provide the LESSEE with the appropriate assistance (free of charge) to move the items from the Unit to the other unit.
14.3 In the event that the LESSEE refuses to move his/her belongings to another Unit, the LESSOR has the right to forcibly remove the lock and to move the items independently, on behalf of the LESSEE, without being responsible for any damages or losses, incurred by the LESSOR (except for direct and immediate damages suffered due to intent or gross negligence on the part of the LESSOR, his/her employees or subcontractors).
15. LESSOR’S ACCESS TO THE UNIT DURING THE PERFORMANCE OF THE CONTRACT
15.1 In general, the LESSOR is not entitled to access the Unit for the term of the Contract. As an exception, the LESSOR is entitled to access the Unit:
(i) in the cases, expressly provided for in the Contract;
(ii) in the cases provided for by the current legislation of the Republic of Bulgaria;
(iii) to inspect the condition of the Unit or to undergo maintenance after prior notice to the LESSEE and in his/her presence.
16. USAGE OF LIFTING EQUIPMENT
16.2 The use of the carrier/forklift for palletized goods is performed by the LESSOR or by persons authorized by him/her. The LESSOR does not own and will not provide the LESSEE with staff for servicing the palletized goods carriage/forklift and will in no way be liable for damage to persons or property, caused by or in connection with the use of the equipment by the LESSEE.
17. RESPONSIBILITY OF PARTIES FOR DAMAGE
17.1 THE LESSEE undertakes to indemnify the LESSOR for all damages, suffered by the LESSOR for reasons for which the LESSEE is responsible. Damage compensation will include (but not be limited to): costs associated with cleaning and transportation of waste, costs associated with the release of the Unit for items, repair and repair costs for the Unit and/or the Building, paid sanctions to the competent authorities, indemnities paid by the LESSOR to third parties, lawyers’ fees, court costs, other expenses arising from acts or omissions of the LESSEE, which constitute a breach of the Contract.
17.2 THE LESSEE accepts and agrees that the LESSOR will not be liable for damages or losses, incurred by the LESSEE resulting from:
(i) action by another lessee or third party for the actions of which the LESSOR is not responsible;
(ii) actions or omissions of the LESSEE or of persons for the actions of which he is responsible;
(iii) exercise of rights or performance of obligations of the LESSOR under the Contract;
(iv) force majeure;
(v) acts, punishable under the Criminal Code of the Republic of Bulgaria (theft, robbery, vandalism, etc.).
17.3 The LESSEE is entitled to inform the LESSOR of any damaging events, no later than 48 hours after their knowledge. In case of non-fulfillment of the obligation for timely notification, the LESSOR shall be relieved of liability if, because of the default, the Lessor is deprived of the opportunity to prevent the damage or to limit the amount thereof.
17.4 Liability of the LESSOR for damages under the Contract is limited to the total amount of the Lease received until the moment of the damage (except in the case of intentional or gross negligence).
18. RIGHT OF MAINTENANCE
18.1 When the LESSOR has a claim on the LESSEE, arising out of the Contract, the LESSOR has and may exercise a right of retention on all items that are kept in the Unit or left by the LESSEE elsewhere in the Building, unless they are in bad faith. For this purpose, the LESSOR is entitled to limit/block the LESSEE’s access to the Unit, to open the Unit without considering it self-will, to compile an inventory of the contents, to take enforcement actions or other actions to satisfy his/her claim, acceptable by the applicable law.
19. TERMINATION OF THE CONTRACT
19.1 The Contract shall be terminated:
(i) upon expiry of its term;
(ii) by mutual written consent of the Parties;
(iii) by unilateral notice of termination without cause, under the terms of Section 5 of the General Conditions;
(iv) in the event of non-performance of the Contract, through a unilateral notice of termination to the defaulting party, which may, at the discretion of the defaulting party, be immediate or provide a time limit for remedying the default.
20. NOTIFICATIONS AND MESSAGES
20.1 All notifications under the Contract will be in writing and will be deemed to have been duly endorsed by either party upon their submission (i) by e-mail, or (ii) personally, by signature, or (iii) by postal operator with registered mail, or (iv) by notary notice, at the addresses specified in Section “A” of the Contract.
20.2 In the event of a refusal to receive a notice, sent to a party to the Contract or an inability to notify due to a change of address, not communicated to the other party, the sending party shall be exempted from the delivery of the notification, if two notarial invitations or consignments, mail sent to the last written address of the recipient shall be returned as unsuccessful, due to refusal of receipt or absence of such person at the specified address. In the latter case, the notification is deemed to have been duly executed and all the time limits associated with it begin to run from the date of return of the notice of non-delivery of the second notarial invitation or registered letter.
21. WORKING TIME OF THE LESSOR
21.1 THE LESSOR administers the Contract activity only during his/her working hours through an employee(s) at the Reception Desk of the Building. The LESSOR’s employees only offer and accept additional services, receive and transmit requests, notices, notices and any correspondence, provide co-operation to the lessees and take other actions, arising from the contractual relationship.
21.2 The LESSOR has the right to change his/her working hours unilaterally, by indicating a suitable notification/message for this purpose.
22. SETTLEMENT OF DISPUTES
22.1 All disputes between the Parties, arising during and on the conclusion, performance or termination of the Contract shall be settled by the Parties through negotiations in a spirit of goodwill and mutual compromise. Disputes that cannot be settled by the parties in the negotiation process will be referred to the competent Bulgarian court.
23.1 The Contract shall be subject to the rules of Bulgarian substantive and procedural law and, if any provision of this Contract deviates from it, it shall be automatically replaced by a relevant statutory rule.