Status May 2022
General Terms and Conditions (GTC) of Trisor GmbH, Berlin
1.1 Services. Trisor GmbH, Bachstraße 12, 10555 Berlin, (hereinafter “Trisor”) rents out digitally controlled safe deposit boxes (hereinafter: “Safe Deposit Box” or “Safe Deposit Boxes”) via its internet platform at the web address www.trisor.de and via a password-protected, web-based or downloadable software program including mobile application (collectively: “Software”) (the complete online service offer referred to as “Digital Platform”). Each Safe Deposit Box is stored in vaults operated by Trisor (hereinafter: “Sites”) and accessible to the customer via an electronically controlled Safe Deposit Box loading mechanism and an electronically as well as physically secured self-serve terminal with a two-step authentication procedure (e.g. PIN-protected card, fingerprint scan, OTP single-use code). In addition, Trisor offers further supporting services such as security services at the Site and for the self-serve terminal (hereinafter: “Secondary Services”) (the Digital Platform, the provision of the Safe Deposit Box and other services hereinafter referred to collectively as the “Services”).
1.2 Scope. The following GTC apply to all contracts Trisor concludes with its customers (hereinafter: “Customers” or if a Safe Deposit Box rental agreement is concluded “Hirers”). Trisor does not accept any deviating and/or contradicting GTC.
- Conclusion of the Contract, Personal Data
2.1 Contract Types. By the Customer’s registration on the Trisor Platform, Trisor and the Customer enter into a contractual relationship in accordance with these GTC on the use of the Digital Platform (hereinafter: “Platform Use Agreement”). In the course of the registration, the Customer has the option to conclude a rental agreement for the Safe Deposit Box and the performance of the Secondary Services by Trisor digitally via the Online Platform (hereinafter: “Rental Agreement”) (both contracts hereinafter referred to collectively as the “Customer Contract”). The Customer acknowledges that no custodial agreement according to Sec. 688 BGB [German Civil Code] is concluded by the signing of the Customer Contract, i.e. the object of the contract is not the custody of the items kept in the Safe Deposit Box but merely the provision of the Safe Deposit Box for use.
2.2 Conclusion of the Contract (Registration)
2.2.1 Registration. Registration is required to be able to use the Digital Platform and reserve a Safe Deposit Box. Natural persons of legal age (private individuals or commercial customers) may register if their residence is in a Member State of the European Union, the European Economic Area (EEA), Switzerland or Great Britain. Furthermore, legal entities of private or public law, partnerships, cooperatives and public-law investment funds with registered offices in a Member State of the European Union or the European Economic Area (EEA) may also register. Customers must act in their own name and for their own account, cf. also Section 3.2.
2.2.2 The registration and conclusion of the Platform Use Agreement take place on site at the respective Site by signing a document including the selected Trisor Site, the Safe Deposit Box size and with title, first and last names, as well as the email address to be entered or the Platform Use Agreement can instead be concluded digitally in the following steps:
(a) The Customer initially selects the Trisor Site where he/her wants to have a Safe Deposit Box.
(b) The Customer selects the desired Safe Deposit Box size. The Customer can choose between the Safe Deposit Box sizes small, medium and large with the following parameters (sizes indicated in millimeters) for his/her Safe Deposit Box Rental Agreement:
(I) Small (S) with a maximum holding capacity of up to 3kg
(II) Medium (M) with a maximum holding capacity of up to 10kg
(III) Large (L) with a maximum holding capacity of up to 20kg
(c) The Customer indicates his/her title, first and last name, email address and if applicable, further data to be gathered by Trisor according to legal regulations, in particular pursuant to Sec. 154 (2) sent. 2 AO [Fiscal Code] in conjunction with Sec. 11 (4) and (6) GWG [Act against Money Laundering].
(d) The Customer then checks the data and confirms it by clicking on “Reserve now.”
2.2.3 Registration Data. The Customer shall provide the queried data truthfully and completely, including the information required according to legal regulations pursuant to Section 3 (“Registration Data”). The Customer undertakes to ensure that his/her Registration Data is always up to date after the completed registration. The provision of false Registration Data or omitting to update the data is prohibited; in serious or repeated cases, the Platform Use Agreement and/or the Customer Contract may be terminated for good cause and the Customer can be excluded from reregistering on the Digital Platform.
2.2.4 Conclusion of the Use Agreement. After completion of the registration, Trisor as the platform operator will send the Customer a confirmation email (“Registration Message”) which effects the conclusion of the Platform Use Agreement with the Services defined herein via Trisor’s website or app as soon as the message is sent (“Conclusion of the Use Agreement”). On conclusion of the contract, the Customer’s access to the Digital Platform (“User Account”) is effectively set up; after assignment and confirmation of a password, the Customer can access his/her personal data at any time. Reservation and activation of a Safe Deposit Box and the renting of the Safe Deposit Box are subject to payment according to the following provisions.
2.2.5 Platform Services. The Customer will be entitled to use the Digital Platform upon the effective conclusion of the Use Agreement, i.e. the following Services are available – either immediately or only after the completed Safe Deposit Box activation (Section 2.3.2) due to technical restrictions – on the conditions defined below:
(a) Safe Deposit Box reservation
(b) Registration and removal of users with access rights (against payment, Section 2.3.5)
(c) Retrieval of the access log of the Safe Deposit Box
(d) Change of the saved personal data
(e) Change of the saved payment instrument
(f) Retrieval of invoices and payment history
(g) Temporary and permanent blocking of the authentication methods (e.g. access card)
2.2.6 Safe Deposit Box Reservation, Rental Agreement with Suspensive Condition.
(a) Safe Deposit Box selection. During the registration, the Customer will have already selected the desired Safe Deposit Box size (Section 2.2.2(b)). Subject to the availability of further sizes on the day of activation, the desired size may be changed with Trisor’s agreement depending on the availability.
(b) Suspensive condition. The Rental Agreement is subject to the suspensive condition of confirmation by Trisor by an effective ID check and activation of the Safe Deposit Box according to Section 2.3 (“Occurrence of the Suspensive Condition”).
(c) Reservation relationship. Up until the Occurrence of the Suspensive Condition, the Parties have a reservation relationship, i.e. the Customer holds a claim (if applicable, against payment of an activation fee according to Section 6.3) for the provision of a Safe Deposit Box (Section 2.3) as soon as the Rental Agreement takes effect. If no Safe Deposit Box is available for the Customer at the chosen Site, the Customer will be informed of this in the course of the registration process and he/she can choose if he/she wants to cancel the registration or receive a message as soon as a Safe Deposit Box becomes available; in case of the latter, the Customer may choose in the course of the registration process if he/she wants to start the Safe Deposit Box reservation at the indicated point in time of which he/she will be informed in an email from Trisor (“Reservation Confirmation”). The Safe Deposit Box reservation will be valid for a period of four (4) weeks from receipt of the Registration Message or Reservation Confirmation (“Reservation Period”) at already opened Sites or as of the opening date (for reservations that have been made before the Site is opened). During this period, the Customer can start the Safe Deposit Box activation process.
(d) Reservation fees. During the Reservation Period, generally no rent according to Section 6 will be charged yet. However, if the Customer does not agree an activation date within the Reservation Period (Section 2.3.1) or if he/she does not use a bindingly agreed activation date, a monthly reservation fee in the amount of the full rent will become due after one month. Activation dates can be changed electronically via the Platform until 48 hours before the date; they will be binding after this. The Customer will confirm the payment obligation and payment method (Section 2.2.7 applies) in the course of the digital reservation process.
(e) End of the Reservation Period. The Reservation Period shall end prematurely on the successful Safe Deposit Box activation. If despite of a successful ID check (Section 2.3.1), the Customer does not agree a date for activation over a period of more than two (2) months after the conclusion of the Platform Use Agreement or in the event the ID check fails, Trisor shall be entitled (but not obligated) to terminate the Reservation Period; in that case, the reservation fee will be charged in the full amount for any months started without possibility of a refund.
2.2.7 Payment Methods. The Customer can choose from the payment methods listed below and if applicable, further methods indicated on the Digital Platform. Due to technical or Site-specific restrictions, the Customer does not have a right to the use of a certain payment procedure or payment modalities. The offered payment methods can generally be used free of charge by the Customer:
(a) Credit card (for online registration only)
(c) Direct debit procedure
(d) Cash payment
2.2.8 Protection of Login Details. The Customer undertakes to ensure that his/her login details, in particular his/her password, are not made accessible to third parties. He/she is responsible for all actions processed via his/her User Account. In the case of contributory fault of Trisor, Sec. 254 BGB shall remain unaffected. If there are indications of abuse of the User Account or if third parties have nonetheless obtained knowledge of the login details, the Customer shall be obligated to inform Trisor of this immediately. Trisor will not forward the User’s login details to third parties nor ask the User what they are by email or telephone.
2.3 Safe Deposit Box Activation 2.3.1 ID Check. After the registration is completed and before selection of an activation date, the Registration Data entered by the Customer must be checked in accordance with legal regulations, in particular pursuant to Sec. 154 (2) sent. 2 AO in conjunction with Sec. 12 and Sec. 13 GWG (“ID Check”). For this purpose, the Customer – provided that he/she is a natural person – must identify him/herself by presenting a valid identification document as defined by the Act against Money Laundering. The same applies to persons with power of disposition, representatives and beneficial owner. To check the IDs of Customers who are not natural persons, Trisor will request the legally required verifications and the Customer will be obligated to provide them. The Customer can choose from several variants for the performance of the ID Check to the legally permissible extent; these include, for example, the ID Check by way of the PostIdent procedure by Deutsche Post AG. In case the ID Check is performed by a contracted service provider, the terms and conditions of the service provider apply. Due to technical or Site-specific restrictions, the Customer is not entitled to any particular variant of the processes for the performance of the ID Check. The ID Check is free of charge for the Customer. If the Customer refuses to provide the legally required data, or if the data is or later proves to be incomplete or incorrect, or if the information cannot be verified in compliance with the law, e.g. because of belated presentation of the means intended for this purpose (in particular, identification cards or excerpts from company registers), or if a suspicion of money laundering or indications of crimes or administrative offences arise in the course of the ID Check, Trisor reserves the right to refuse entering into a business relationship with the Customer or if such has already been entered, terminate it for cause with immediate effect.
2.3.2 Activation Date. The Customer can schedule a personal appointment for the activation of a Safe Deposit Box at the chosen Site (“Activation Date”). In the course of the Activation Date, the electronic activation will be implemented, which must be confirmed by the Customer in his/her Customer Account or by email, whereupon the Safe Deposit Box can be used (“Safe Deposit Box Activation”). The Customer or the legitimated person acting on his/her behalf must carry the valid identification document that has been used for the ID Check (Section 2.3.1). It must be machine-readable for scans.
2.3.3 Customer Card, Biometric Identification and Handover of Keys. As part of the Safe Deposit Box Activation and based on the Customer’s digital consent to be given separately, the fingerprint of the Customer or of the legitimated person will be taken by means of an electronic scanner and the Customer’s customer card (“Customer Card”) (“Biometric Identification”). The Customer’s biometric data will then be stored on his/her Customer Card. Directly before the Biometric Identification, using a hardware device on Site, the Customer will assign a personal PIN (“PIN”) for his/her Customer Card, which will be handed over to the Customer before then at the Site along with 2 keys. The Biometric Identification is mandatory for the conclusion of the Rental Agreement. Reproduction of the key is expressly prohibited.
2.3.4. Access to the Safe Deposit Box. The combination of different means of authentication enables the Customer to access the rooms where the self-serve terminals are located. After selecting an available self-serve terminal, the Customer can get access to the Safe Deposit Box at the self-serve terminal only if he/she has identified him/herself with his/her means of authentication and the key.
2.3.5 Legitimated Persons.(a) If the Customer is a natural person, he/she can use the Digital Platform to appoint up to three (3) authorized representatives for the use of the Safe Deposit Box (each referred to as “Representative”), whose title, first and last name, as well as email address are to be entered and who shall receive an invitation from Trisor in the name of the Customer. A right to the admission of a legitimated person applies only for the Customer’s relatives (Sec. 15 Fiscal Code (“AO”)) if the Customer is a natural person. Trisor reserves the right to refuse admission of other groups of persons as legitimated persons. The Representative or Representatives must then themselves pass the ID Check and the activation pursuant to 2.3.2 and 2.3.3, and they will receive their own Customer Card against payment of a fee. The fee will be invoiced automatically to the Customer’s saved payment instrument after the activation and be payable immediately depending on the chosen payment instrument (Section 2.2.7). If the chosen payment instrument is cash payment, the fee shall be settled on Site in the course of the activation.
(b) If the Customer is not a natural person, it is entitled to use its customer account to appoint up to two (2) legal representatives (in particular managing directors, board members, authorized officers) who are entered in a register that is electronically accessible to the public (companies register, trade register) and up to two (2) additional Representatives for the use of the Safe Deposit Box; clauses 4 to 6 of the previous paragraph(s) apply analogously. Representatives within the meaning of the above paragraphs (a), (b), Section 4.4 and legal representatives are each defined to mean “Legitimated Persons.”
2.3.6 Loss of the Customer Card. If a Customer Card is lost by the Customer or the Legitimated Persons, the Customer shall inform Trisor immediately and have the card concerned be blocked. The Customer shall be liable for damages that are incurred in connection with the loss of a Customer Card issued to him/her or the Legitimated Persons. Blocking can be done at any time using the corresponding feature in the customer area of the Digital Platform. The Customer can then request the issuance of a new Customer Card in the customer area. A personal appointment at the Site must be scheduled via the digital customer area to pick up a new card, as the biometric characteristics must again be registered. Trisor will charge a fee for this process.
2.3.7 Loss of the Key. In case the Safe Deposit Box key is lost, Trisor shall be informed immediately via the customer area on the Digital Platform. Due to technical restrictions, it is not possible to produce a copy of the key so that the Safe Deposit Box must be opened in the event of a loss to install a new lock. The costs will be invoiced to the Customer. It is expressly prohibited to make copies of the key.
- Recordkeeping and Information Requirements
3.1 The Customer recognizes that Trisor as the provider of Safe Deposit Boxes is subject to recordkeeping and information requirements according to Sec. 154 (2) Fiscal Code (AO). To this end, Trisor is obligated to ascertain the identity and address of each person with power of disposition and of each beneficial owner as defined by the Act against Money Laundering (GWG), prior to the Safe Deposit Box activation and to document the corresponding information in a suitable form, e.g. in an electronic file. Trisor shall ensure to this end that Trisor can provide information to the legally competent authorities at any time as to who has power of disposition over the content of a Safe Deposit Box as a Customer or Legitimated Person and the identity of the beneficial owner in the definition of the GWG, respectively. For this purpose, an electronic register of the persons with power of disposition shall be kept, which cannot be accessed by third parties. The validity of the data may be monitored continuously and the current status be queried at appropriate intervals.
3.2 For this reason, the Customer shall notify Trisor of the data specifically listed below with a lead time of at least five (5) days before the Activation Date, or a shorter period determined by Trisor at its discretion under certain circumstances and inform Trisor of any changes to this data in the future, online via his/her user profile without request and without delay.
a) If the Customer is a private individual:
- First and last name
- Place of birth, date of birth
- Residential address
- Confirmation that the Customer acts in his/her own name and for his/her own account.
a) If the Customer is not a natural person:
- Company name or name
- Legal form
- Address of the registered office or headquarters
- Registration number in an electronically accessible trade/companies/cooperatives register or other legally prescribed register
- Authorized Representatives (e.g. board members, managing directors) stating their first and last names, dates of birth, place of residence and the nature of the power of representation
- Business email address
- Persons, who as beneficial owners hold more than 25% of the capital shares or voting rights in the Customer (including the information relating to them according to the above paragraphs of this lit. b))
- Confirmation that the Customer acts in his/her own name and for his/her own account.
The Customer is obligated to present the documents to Trisor, which are required to verify the information provided by him/her pursuant to Sec. 154 (2) sent. 2 in conjunction with Sec. 12 and Sec. 13 GWG. In case of private individuals, the information is usually checked by means of the national identity card or passport in an identification validation procedure by one of Trisor’s preferred online identification services provider or on site by Trisor staff. The same applies to Legitimated Persons and beneficial owners.
3.3 If the Customer is unable to provide the information specified under Section 3.2 in the prescribed form, Trisor shall be permitted to check the identity by means of suitable data or documents. In addition, Trisor reserves the right to also verify the legitimation documents in their originals in random tests after conducting the ID Check when the Customer enters the business location.
- Safe Deposit Box Rental Agreement
4.1 After the successful Safe Deposit Box Activation according to Section 2.3, Trisor will rent the Safe Deposit Box to the Hirer, which was specifically defined during the Safe Deposit Box Activation and which is kept in the vault at the Site specified during the Safe Deposit Box Activation. The Rental Agreement shall take effect on occurrence of the suspensive condition according to Section 2.2.6(b).
4.2 The rights under this Rental Agreement are not transferrable. Subletting or transfer for use of the Safe Deposit Box and the storage of items of third parties is not permitted.
4.3 A Safe Deposit Box can be accessed solely by the Customer and Legitimated Persons for reasons of security.
4.4 If a Hirer passes away, the access to the relevant Safe Deposit Box shall be granted to the heir by presentation of an inheritance certificate and, in the case of multiple heirs, to one (1) Representative with written power of attorney granted by all of the heirs and with presentation of an inheritance certificate or to an executor of will with submission of a grant of probate. Trisor shall review the documents under legal aspects and facilitate the adjustment of the Legitimated Persons who are filed in the system. Multiple heirs shall appoint one joint authorized representative; he/she shall present a written power of attorney from the heirs. Each heir, Representative or executor of will shall pass through the legitimation procedure as defined by Sections 2.3.5 and 5. Any statutory reporting duties of Trisor shall remain unaffected.
- Access to the Rented Object
5.1 On the completion of the activation, the Hirer shall receive a personalized Customer Card (Access Card”) and a PIN that enables him daily, 24-hour access (except during times of required maintenance work, in case of technical defects or in the event of business interruptions due to acts of god or orders of authorities/courts) to a locked room, which is only accessible to Customers with Access Card and PIN (“Terminal Area”) where the self-serve terminal for access to the Safe Deposit Box is set up. The Customer or Legitimated Persons may generally only access the Terminal Area by themselves. The Customer or the Legitimated Persons shall observe the respectively applicable house rules for the Terminal Area and the Site.
5.2 The Terminal Area is secured by video surveillance. It records the persons entering and staying in the Terminal Area, but not the depositing or removal of items from the container inside of the Safe Deposit Box. By concluding the Customer Contract, the Customers grant their agreement with the aforementioned video recording. The agreement is irrevocable for the duration of the Customer Contract.
5.3 The safe storage of the Card is the exclusive responsibility of the Hirer. The costs incurred in connection with the loss of an Access Card or other means of authentication shall be borne by the Hirer. For the rest, Section 2.3.6 applies.
5.4 The Hirer is obligated to ensure the proper locking of the Safe Deposit Box. If the Customer causes any defects or outages on the system due to improper use of the rented Safe Deposit Box (e.g. because of lids bent upward due to excessive filling, unlocked Safe Deposit Boxes with lid up, items hanging out of the Safe Deposit Box, application of force when locking and unlocking the Safe Deposit Box, and the related damages to keys and the Safe Deposit Box), the Customer shall be liable for compensation of the damage caused in accordance with statutory provisions. Trisor will invoice the Customer for such damages. Actions by Legitimated Persons acting on behalf of the Customer must be attributed to the Customer.
- Rent, Costs
6.1 Rent. As rent for the Safe Deposit Box, the Hirer shall pay a monthly fee that is to be agreed in the course of the Registration, which shall be payable on each Safe Deposit Box Activation and in each month thereafter in advance for every started month. If the Customer chooses the option during the conclusion of the Customer Contract to pay the rent for one (1) year or longer in advance, Trisor shall grant the Hirer a discount on the annual rent, which shall be determined specifically in the Customer Contract.
6.2 Fees and their adjustment.
6.2.1 Fees in business with consumers. The amount of the fees for Services of Trisor that are customary in consumer business is shown in the prices posted and in addition in the price and service directory, insofar as no special fees are mentioned in this document or in the Customer Contracts. If a consumer uses a Service listed there and if no deviating agreement has been made at the same time, the rents and fees indicated in the price posting or in the price and service directory will apply.
6.2.2 Fees outside of business with consumers. Outside of the consumer business, the fees for Services used are determined according to the agreement concluded and in addition by the price and services directory in the version as valid on the date on which the Services are used.
6.2.3 Fees and Other Services. For Services that are not the subject of an agreement or listed in the price posting or in the price and services directory, and which are performed on order by the customer or in his/her probable interest and which can only be expected only against compensation judging by the circumstances, Trisor can demand an appropriate fee in accordance with the statutory provisions.
6.2.4 Activities not subject to fees. For activities that Trisor is required to perform alone according to the law or based on an independent contractual collateral duty or which it solely performs in its own interest, Trisor will not charge a fee, unless this is legally permissible and the fee is charged in accordance with the statutory provisions.
Changes in the fees for services commonly used long-term. Changes in the fees for primary services that are normally utilized long-term by the customer within the scope of the business relationship (e.g. renting of Safe Deposit Boxes) can be offered to the Customer at the earlies after expiration of one (1) year from the signing of the contract and in each case, only by 30th of June of any year with a lead time of two (2) months, in particular to take the development of the general market conditions and the running costs into account. If the Customer has agreed on an electronic communication method with Trisor in the course of the business relationship, the changes can also be offered through this channel. The offer for an adjustment of fees shall be made including corresponding reasons. If the Customer objects to the adjustment in writing within four (4) weeks from the date on which the notification was sent, the rent shall remain unchanged. For the rest, Section 11.2 applies in the case of an objection.
6.3 Adjustment of fees in case of changes of the applicable value added tax rate. Fees referred to herein or in the Customer Contracts as including the value added tax are based on the assumption of 19% being the applicable value added tax rate. If the value added tax rate should be changed, Trisor shall have the right to demand the fees specified herein and in the Customer Contracts in application of a changed value added tax rate. The new fee that Trisor can claim shall be calculated in that case according to the following formula: present fee incl. VAT x 100/119 = net fee; new fee = net fee + (net fee x new applicable value added tax rate).
6.4 Activation Fees. After Activation of the Safe Deposit Box, the Customer shall pay a single setup fee that covers the implementation of the Safe Deposit Box Activation including ID Check, Biometric Identification of the Customer or, in the case of legal entities, of the first Legitimated Person and issuance of a Customer Card, as well as one set of Safe Deposit Box keys. Trisor will charge a fee for the second Legitimated Person per Customer. The aforementioned costs will be charged automatically against the payment instrument on file or they will be payable without delay in cash at the respective Site upon completion of the procedure for the Safe Deposit Box Activation according to 2.3. If the Customer begins the procedure for the Safe Deposit Box Activation by starting the ID Check prior to the end of the 14-day revocation period, the fees will not be refundable by Trisor.
6.5 Payment Method. The agreed rent shall be payable in advance, monthly or annually (or if a longer period has been agreed at its start) depending on the payment frequency, free of cost to the Trisor’s account specified during the registration process. Alternatively, the Customer may use the payments methods indicated in the registration process (cf. Section 2.2.7). The payment shall be made in each case at the latest on the recurring date of the Safe Deposit Box Activation. The timeliness of the payment shall be determined not by instruction but by receipt of the payment. If a Customer is in default with one or more payments, Trisor shall have the right, notwithstanding further statutory rights, to block the Safe Deposit Box in question until complete settlement of the outstanding receivables.
6.6 Discounts. Any discounts offered in the course of potential marketing measures (e.g. marketing material containing discount codes) can be used only by persons who have not been in a contractual relationships with Trisor during the past 24 months before registration.
- Depositable Items, Hirer’s Responsibility
7.1 Items. The Safe Deposit Boxes may be used exclusively for storing securities, certificates, documents, data media, keys, precious metals, gemstones, jewelry and comparable items, none of which pose any danger to the life or health of other Customers, the functionality and undisrupted operations of the safe deposit facility, the quality and properties of other Customers’ items deposited there and/or the building, and which cannot cause any contamination. The weight of the deposited items must not exceed the respectively permissible maximum weight (Section 2.2.2(b)).
7.2 Safety Rules. The Safe Deposit Box must specifically not be used for storing hazardous – in particular not fire-hazardous items or goods. Hazardous items or goods (dangerous goods) are substances and objects according to the dangerous goods regulations that can cause dangers to humans, animals, property or the environment in case of accidents or improper handling while in storage or custody. Moreover, it prohibited to deposit items if the law prohibits possession, use or storage of such objects (e.g. firearms regulations, narcotics regulations, Atomic Law, War Weapons Control Act).
7.3 Surveillance, Inspection. The content of the Safe Deposit Box will be checked upon every deposit made in the vault as regards the weight of the content. No further check of the Safe Deposit Box content will be made by Trisor. The Hirer shall be held accountable regardless of fault for the compliance of the respective content of his/her Safe Deposit Box with the safety rules and requirements of Section 7.1 (“Personal Warranty”) at all times. In the case of a justified suspicion that the safety rules are not observed or that Section 7.1 is violated, Trisor may (a) block the box by implementing the corresponding technical measures and (b) open and inspect the Safe Deposit Box in attendance of the Hirer or a Legitimated Person and/or (c) demand the immediate vacating of the Safe Deposit Box. If the Customer does not follow an accordant request made in text form (Sec. 126b BGB) within one (1) week, Trisor shall have the right of extraordinary termination of the Rental Agreement for cause and to immediately clear out the Safe Deposit Box at the Customer’s cost.
7.4 Impending Danger. If according to Trisor’s prudent estimation, the Safe Deposit Box content could cause dangers to life, limb or property, which cannot be remedied by measures according to Section 7.3 or not on time or if a corresponding order from an authority or court has been received, Trisor shall have the right to have specialized personnel open the Safe Deposit Box at the Customer’s cost in attendance of a member of the legal or tax consulting professions, who is bound by professional confidentiality requirements, or in attendance of a police officer; the opening shall be documented in a written report and the content of the Safe Deposit Box shall be deposited with a court or be give into the custody of another authority. Trisor shall notify the Hirer of this in text form (Sec. 126b BGB). Unless it is required in order to prevent or eliminate dangers to life, limb or property, Trisor will not become aware of the content of the container in the Safe Deposit Box container; to this end, Trisor has no obligation to verify if a Customer complies with his/her obligations according to Section 8.2 either.
7.5 Ownership. The items deposited in the Safe Deposit Boxes and in the containers inside of them shall remain the property of the Customer. Trisor informs as a precaution that the Safe Deposit Box content would not become part of a bankruptcy estate in the event of Trisor’s bankruptcy but the Hirer would have a right to the surrender of the items in his/her ownership even in the event the Rental Agreement would be terminated by a liquidator.
8.1 Standard Cover. Trisor shall be liable within the scope of these GTC for the risks of fire (fire, lightning strike, explosion), burglary, vandalism during burglary, and robbery on the business premises for up to EUR 5,000.00 (five thousand euros) (“Standard Liability Sum”), regardless of Trisor’s fault for the occurrence of one of these risks. For this, Trisor as the insurance holder has concluded a cross-site insurance policy, which covers at least all of the Safe Deposit Boxes at a Site. This liability independent of fault shall take precedence over the provisions under Sec. 9 and apply only to the extent that the insurance policy grants insurance cover. The insurance premium up to the amount of the Standard Liability Sum shall be borne by Trisor. If higher values are deposited in the Safe Deposit Boxes, the Hirer shall be obligated to notify Trisor of this. The Hirer is obligated to prove the damage incurred by him/her in result of one of the risks listed above if he/she brings claims against Trisor and prove the content of the Safe Deposit Box by means of his/her own documentation.
8.2 Documentation. The Hirer shall see to sufficient documentation of the deposited values in the form of appraisals, photo material, delivery slips, invoices, etc. (obligation) to be able to present corresponding proof if a claim is brought. The Hirer is obligated to check the deposited items for damages, losses, etc. immediately after their removal from the Safe Deposit Box and notify Trisor in writing of any loss or damage.
8.3 Higher Insurance. Increase of the Liability Sum. Trisor and the Hirer can agree separately that Trisor’s liability independent of fault shall be expanded to higher premiums for the risks named in 8.1, for which Trisor shall increase its own insurance cover. This will increase the costs to be borne by the Hirer that are to be determined in the individual case in the agreement on higher insurance.
9.1 Statutory Liability. In the event of intentional and gross negligent breaches of duty, Trisor shall be liable according to the statutory provisions.
9.2 Liability Limitation. In cases of negligence, Trisor shall only be liable for breach of essential contractual duties, the fulfillment of which makes the correct execution of the contract possible in the first place and the fulfillment of which the User may regularly relay on (“Cardinal Duties”). Liability for simple negligent breach of Cardinal Duties shall be limited to the typical damages and/or the typical extent of damage that was predictable at the time when the contract was signed. The foregoing limitations shall also apply to legal representatives, employees and vicarious agents of Trisor.
9.3 Proviso of Compulsory Statutory Liability. The foregoing limitations shall not apply to liability for injury to life, body or health or liability pursuant to the Product Liability Act nor if explicit guarantees have been given by Trisor. These GTC do not contain any guarantees in the aforementioned sense, i.e. guarantee liability can arise only based on agreements under individual contracts. Such guarantees never result from general advertising or product information on the Digital Platform.
9.4 External Links. The Digital Platform website contains links to external websites of third parties. Trisor has no influence over these directly or indirectly linked websites. Always the respective provider or operator is responsible for the correctness of the contents, which is why Trisor does not give any guarantee for them. The external websites were checked by Trisor for possible legal violations on the date of the linking. On the date of the linking, no legal violations could be detected. A constant monitoring of all contents of pages linked by Trisor in absence of actual indications of legal violations cannot be provided by Trisor. If Trisor finds out about legal violations, Trisor will remove the corresponding links immediately.
9.5 The loss value of the deposited items shall be determined based on their objective current value; idealistic values (keepsakes or memorabilia) shall remain outside of consideration in the valuation.
- Technical Availability of the Digital Platform and the Safe Deposit Box
10.1 Within reasonable technical and financial possibilities, Trisor aims for the best possible availability of the Digital Platform and the Hirer’s Safe Deposit Boxes. However, no guarantee of availability at all times can be given to the Customer due to technical reasons. Reasons of maintenance, safety and/or network capacity and other incidents outside of Trisor’s sphere of control can lead to temporary interruptions of the Digital Platform’s availability and the related Services, including the accessibility of the Safe Deposit Boxes. This means that you as the Hirer might temporarily not have access to your Safe Deposit Box for technical reasons. Trisor shall not be liable for technical problems within the Customer’s IT infrastructure nor for other difficulties the Customer has in the use of the Digital Platform. In addition, Trisor reserves the right to restrict or suspend the accessibility of the Digital Platform temporarily if and insofar as this is required for reasons of the network capacities, security reasons or the performance of necessary technical measures or for other important reasons. Trisor shall notify the Customer of such restricting measures or interruptions where possible in advance via the Digital Platform or by email.
- Contract Period, Termination
11.1 The Customer Contract is concluded for an indefinite period and can be terminated by either of the Parties with a notice period of one (1) month for contracts with monthly payments toward the next full contract month or for contracts with annual payments (or payments made for a multi-year period) with a notice period of one (1) month toward the end of each contract year beginning on the Safe Deposit Box Activation. Components of the Customer Contract (Platform Use Agreement, Rental Agreement) cannot be terminated separately.
11.2 If a Customer objects within due time to a change pursuant to Section 6.2 or Section 14.3, the Customer shall have the rights of termination mentioned there and both Parties shall have the right of ordinary termination of the contractual relationship with a notice period of one (1) month toward the next full contract month.
11.3 For security reasons, notice of terminations shall be given exclusively electronically via the Digital Platform under the email address used for registration. Termination of the Platform Use Agreement will automatically entail the termination of the Rental Agreement toward the same termination date.
11.4 The right of termination for good cause shall remain unaffected. Good cause is given for Trisor, in particular a) if the Hirer is in arrears with the payment of the due rent for more than two (2) weeks and Trisor has unsuccessfully set the Hirer an appropriate grace period of at least one (1) week for subsequent performance; or b) in case the Hirer violates the safety rules under Section 7.2 or provides an untruthful personal warranty.
11.5 The Hirer is obligated to clear out the Safe Deposit Box at the end of the contract. If the Hirer does not clear out the Safe Deposit Box on time or if he/she does not confirm that he/she has cleared it out, Trisor shall have the right to have specialized personnel open the Safe Deposit Box at the Hirer’s cost in attendance of a witness; the opening shall be documented in a written report and the content of the Safe Deposit Box shall be deposited with a court. Trisor shall notify the Hirer of this in text form (Sec. 126b). The Hirer shall bear all costs for this opening to the full extent. Trisor has the right to sell the items found in the respective Safe Deposit Box on the private market where this is required to cover the incurred costs.
- Data Privacy
12.1 Personal data of the Customer or his/her Representatives or Legitimated Persons is gathered and used exclusively within the scope of legal regulations, in particular in compliance with the applicable data protection law. You can find more information about this in Trisor’s separate Data Privacy Statement at www.trisor.de/trisorberlin/datenschutz. The Customer will declare his/her acknowledgement of the Data Privacy Statement in the course of concluding the Customer Contract.
12.2 If the Customer receives a voucher code from a Trisor cooperation partner and uses it for the registration (see Section 2.2) to receive a monetary benefit (e.g. free months), it may be required to transfer Customer data to the cooperation partner for data reconciliation in order to verify the provided data. Customers, who use a voucher code when renting the Safe Deposit Box, irrevocably consent to this potential transfer of data.
12.3 The Customer gives his/her consent to being contacted by Trisor for matters relating to the contract without request during the term of the Rental Agreement, via the email address specified by him/her, e.g. so that Trisor can inform him/her of higher insurance if applicable. The Customer can object at any time to receiving promotional messages by sending a message in text form to Trisor.
- Right of Revocation for Consumers
Instruction on Revocation / Right of Revocation
You have the right to revoke this contract within fourteen days without a statement of reasons. The revocation period is fourteen days from the date of the signing of the contract. To exercise your right of revocation, you need to inform Trisor GmbH, Bachstraße 12, 10555 Berlin, email: email@example.com) in a clear statement (e.g. a letter sent by regular mail or in an email) of your decision to revoke this contract. You may use the enclosed sample revocation form for this purpose, but this is not mandatory. To observe the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation prior to the expiration of the revocation period. Consequences of revocation. If you revoke this contract, we shall refund all payments to you that we have received from you, including delivery costs (except for additional costs arising if you choose a different type of delivery than the most affordable standard delivery offered by us) and without delay at the latest within fourteen days from the day on which the notice of your revocation was received by us. We will use the same payment instrument as the one you used for the original transaction, unless expressly agreed otherwise with you; we will never charge any fees for this refund. If you request that the Services are to begin during the revocation period, you have to pay us an appropriate amount equal the proportion of the Services performed up to the date on which you inform us of the exercise of the right of revocation regarding this contract relative to the total scope of the Services intended under the contract.
End of the instruction on the right of revocation
- Final Provisions
14.1 Applicable law. The Customer Contract is governed by the law of the Federal Republic of Germany.
14.2 Place of Performance, Place of Jurisdiction. The place of performance is Berlin. The exclusive place of jurisdiction is Berlin if and insofar, as the Hirer is a merchant, legal entity of public law or a public-law investment fund. The same applies to Hirers, who do not maintain their general place of jurisdiction in Germany or who relocate their place of residence or habitual abode outside of the area of applicability of this law or whose place of residence or habitual abode is unknown on the date of filing the lawsuit.
14.3.1 Offer of Changes. Changes to these General Terms and Conditions or the Customer Contract, in particular the Platform Use Agreement shall be offered in text form to the Customer at the latest two months before their proposed effective date. If the Customer has agreed on electronic communication with Trisor within the scope of the business relationship, the changes can also be offered through this channel.
14.3.2 Acceptance by the Customer. The changes offered by Trisor shall become effective only if the Customer accepts them; if necessary, by way of the fiction of consent as defined below.
14.3.3 Acceptance by the Customer Under the Fiction of Consent. An absent response from the Customer shall be deemed an acceptance of the offer of changes (fiction of consent) only if a) the changes were offered by Trisor to restore compliance of the contractual provisions with a changed legal situation because a provision in the General Terms and Conditions or the Customer Contract no longer reflects the legal situation based on a change in the laws, including the directly applicable regulations of the European Union, or a provision becomes invalid or may no longer be used based on a final and absolute court decision, including by a court of first instance, or if a provision can no longer be reconciled with Trisor’s obligations under supervisory regulations based on a binding order issued by a national or international authority with jurisdiction over Trisor; and b) the Customer has not rejected the offer of changes from Trisor by the proposed effective date of the changes. Trisor will inform the Customer in the offer of changes of the consequences of his/her absent response.
14.3.4 Exclusion of the Fiction of Consent. The fiction of consent shall not apply (i) if changes are made to this Section 14.3 and Section 6.2 of the General Terms and Conditions and to the corresponding provisions in the Customer Contracts, nor (ii) to changes that relate to the primary duties under the contract and the fees for primary services, nor (iii) to changes to agreements that aim at a payment from the Consumer beyond the agreed fee for the primary service, nor (iv) to changes that are equivalent to the conclusion of a new contract, nor (iv) to changes that would mean a shift in the relation of service and counter service predominantly for Trisor’s benefit. In these cases, Trisor shall request the Customer’s agreement to the changes in another way and manner.
14.3.5 Customer’s Right of Termination with Applicability of the Fiction of Consent. If Trisor applies the fiction of consent, the Customer can also terminate the contract affected by the change, prior to the proposed effective date of the changes, without notice and free of charge. Trisor shall inform the Customer separately in its offer of changes of this right of termination.
14.3.6 Fiction of Consent for Non-Consumer Customers. If a Customer is not a consumer, Trisor shall apply the fiction of consent regarding the Customer’s acceptance declaration in deviation from paragraphs 14.3.3 a) and 14.3.4 for each offer of changes made by Trisor; the provisions pursuant to paragraphs 14.3.1, 14.3.2, 14.3.3 b) and 14.3.5 remain unaffected.
14.4 Language. The contract language and the language decisive for the communication between Trisor and the Customer is German.
14.5 Severability Clause. If individual provisions of these GTC should be or become void, invalid or impracticable, the validity of these GTC in the remaining part shall not be affected by this. The Parties shall be obligated in this case to replace the void, invalid or impracticable provisions by provisions that come closest to the purpose pursued with the void, invalid or impracticable provisions in a legally permissible way. The same applies to omissions in provisions.