Geschäftsbedingungen

9 Apr 2024

These Terms and Conditions (“Terms” or “Agreement”) clarify the relationship between Qeepl (referred to as “Qeepl,” “we,” “us,” or “our”) and the Hosts (referred to as “you”) regarding the provision of storage services to Renters.

When you register with Qeepl, you acknowledge and agree to be legally bound by these Terms.

1 DEFINITIONS

1.1 Definitions. In these Terms and Conditions, the following definitions apply:

  • a) Agreement. Refers to these Terms and Conditions, including any future revisions.
  • b) Host or You. The individual or organization providing storage services to Renters.
  • c) Renter. Refers to the individual or organization receiving storage services from the Host.
  • d) Renter’s Fees. The payment is required for the storage services.
  • e) Goods, Items, Property, Things, or Belongings. Refers to the personal belongings of the Renter stored with the Host.
  • f) Storage Services. The services provided by the Host for storage purposes.
  • g) Storage Space. The specific area leased by the Renter from the Host to store their belongings.
  • h) Writing or Written. Includes communication through email and SMS.
  • i) Platform. The website is available at qeepl.com and the Qeepl mobile applications.

1.2 Currency. Unless otherwise stated in these terms, all references to currency, monetary values, and dollars mean United States (U.S.) dollars.

1.3 Annexures. Any attachments or additional documents provided with these Terms are considered part of the Agreement.

1.4 Parties. When referring to any Party, it includes their successors or assigns, if applicable.

1.5 Headings. The headings used in these Terms are included for convenience and do not affect the interpretation of the Terms.

1.6 Singular and Plural. Words in the singular form also include the plural form, and vice versa.

2 SERVICES AND QEEPL’S ROLE

2.1 Services. Qeepl operates an online platform that serves the following purposes:

  • a) It enables Renters to discover and reserve available Storage Spaces provided by Hosts.
  • b) It allows Hosts to list their available Storage Spaces for Renters to book and accept those bookings.

The responsibilities and obligations of Renters are outlined in the Renter’s Terms and Conditions, which can be found at qeepl.com/en/terms. It is important to note that Qeepl acts as an intermediary between the Renter and the Host and is not responsible for providing the Storage Services to the Renter.

2.2 Host Registration. Once a Host registers a user account, Qeepl will post the relevant information about the Host and their offered services on the Platform after successfully passing the moderation process. Qeepl will grant the Host access to their personal account.

2.3 Payment and Booking Assistance. Qeepl assists with payment processing and acceptance of bookings on behalf of the Hosts.

2.4 Reservation Notifications. Qeepl will inform the Hosts about new reservations through email and in the Hosts’ personal account on the website or application.

2.5 Exclusive Payment Method. The Hosts agree that all fees and charges for storage services must be made exclusively using the booking engine on Qeepl’s Platform or app. Hosts must not demand or accept payment of fees or charges related to storage without notifying Qeepl. Violation of this clause may lead to cancellation of the Hosts’ registration on the web Platform and application, without the possibility of restoration.

2.6 Non-Responsibility for Payment Issues. Hosts acknowledge and agree that Qeepl is not responsible if they do not receive funds due to circumstances beyond Qeepl’s control, such as software failures, equipment malfunctions of banks, telecom operators, payment systems, other payment intermediaries, and other similar factors.

2.7 Account Details Update. If the Hosts change or plan to change their account details, they must update the information in their personal account. Failure to comply with this obligation releases Qeepl from liability for any violations related to payment terms and transfer of funds to an incorrect bank account or card number.

3 FEES AND COMMISIONS

3.1 Storage Fees. The fees for each storage service will be clearly stated on the Platform and must be paid by the Renter to Qeepl before the commencement of the Storage Services. Qeepl, at its discretion, will determine the specific fees payable by the Renter for each day and item booked. These fees include any applicable taxes.

3.2 Commission Rates.

  • a) The Hosts acknowledge that when a Renter pays the Storage Fees for a long-term storage booking (1 month and more), Qeepl will charge a commission of 20% based on the Storage Fees.
  • b) For short-term storage bookings (less than 1 month), the commission rate will be 50% of the Storage Fees.

3.3 Commission Modifications. Qeepl reserves the right to modify the commission rates, subject to a written agreement between Qeepl and the Hosts. Any revised commission rates will be displayed in the Hosts’ account.

3.4 Payouts. Qeepl will transfer the Storage Fees, minus the commission, to the Hosts within ten (10) calendar days after the end of the billing month. The transfers will be made to the Hosts’ current account or credit card specified in the Hosts’ Stripe account linked to their user account. Qeepl is not liable for any delays or losses incurred during payouts due to issues with the Parties’ banks or inaccuracies in the provided bank account information during the Hosts’ registration on the web Platform.

3.5 Cancellations and Refunds. If a Renter cancels a booking, Qeepl will assess whether any portion of the storage fees paid can be refunded to the Renter. Only Renters can initiate cancellations, and the approval of cancellations rests with Qeepl.

3.6 Promotional Discounts. Qeepl may offer promotional discounts on Storage Fees for Renters’ bookings at its discretion.

3.7 Taxes. Each Host understands and agrees that they are solely responsible for determining their applicable tax obligations, including value-added tax, and consulting with tax advisors if necessary.

3.8 Access to Information. Information regarding the amount of Storage Fees received by Qeepl from Renters, the commission amount, payouts to the Hosts, and refund amounts will be accessible in the Hosts’ User Account. If no objections are raised by the Hosts within 3 days after the end of the reporting month, the provided information and Qeepl services will be considered final and undisputed.

4 STORAGE AGREEMENT WITH RENTER

4.1 Responsibility for Renters’ Property. The Hosts have the responsibility to comply with the PROCEDURE FOR ACCEPTANCE AND STORAGE OF RENTERS’ PROPERTY outlined in Clause 5 of these Terms and Conditions. It is the Hosts’ duty to make every effort to safeguard and maintain the security of the Renters’ property stored and ensure its safety.

4.2 Prohibited Items and Reporting. The Hosts have the right to inspect, remove, and dispose of any prohibited items outlined in Clause 5 of the Renter’s Terms and Conditions, which are incorporated into these Terms, without prior notice to the Renter and without assuming any liability towards the Renter. The Hosts may also report any illegal or suspected illegal activities related to the stored items to the appropriate authorities. The Hosts must immediately inform Qeepl if they become aware of any breach or suspected breach of the Renter’s Conditions.

4.3 Right to Decline Storage. The Hosts reserve the right to decline storing the Renter’s property without refunding any amount that has already been paid if:

  • a) The Renter possesses prohibited items;
  • b) The information provided in the reservation does not match the actual information;
  • c) The Renter refuses to present an identity document for verification of the booking details held by the Hosts.

4.4 Responsibility for Damage or Loss. The Hosts are responsible for any damage or loss of the Renter’s property, except in cases where the Hosts are not at fault.

4.5 Compensation for Damage or Loss. The Hosts agree to provide reasonable compensation to the Renter in the event of damage or loss to the Renter’s property. Reasonable compensation typically refers to the cost of repairs or, if items are damaged beyond repair, compensation for the actual value of the property. No compensation will be offered for damages covered by an insurance policy or caused by the Renter’s actions, negligence, or inaction.

4.6 Store Closure and Refunds. In the event that a Host is unable to provide or receive the storage as agreed upon in a Storage Agreement, Qeepl’s policy will refund the Storage Fee paid by the Renter and cancel the Booking. Alternatively, with the Renter’s consent, Qeepl may arrange a Booking with an alternative Host. It is further agreed that the Hosts must promptly notify Qeepl of any store closure (permanent or temporary) at least one (1) day prior to the closure. Failure to comply may result in Qeepl imposing a charge for relocating all affected bookings due to the closure.

4.7 Access to Stored Items. The Hosts must allow reasonable access to the stored items as specified in the storage agreement. The Hosts may establish reasonable restrictions or limitations on access, such as specific access hours or advanced notice requirements. It is the Renter’s responsibility to adhere to the agreed-upon access terms, and respect the Hosts’ property, and other stored items.

4.8 Failure to Collect. If a Renter fails to retrieve their items at the scheduled time stated in the Booking, the Hosts must notify Qeepl within 3 business days. Qeepl will attempt to contact the Renter to arrange an extension or schedule a new pick-up time. If the Renter cannot be contacted or fails to arrange collection within a period of 14 days after the booking end date, Qeepl or the Hosts may dispose of or sell the Renter’s belongings without assuming any liabilities to Qeepl or the Hosts, provided that one of the following conditions occurs.

5 PROCEDURE FOR ACCEPTANCE AND STORAGE OF RENTERS’ PROPERTY

5.1 Check-in Procedure for Renter’s Items.

To check in a Renter’s items for storage, the Hosts must follow these steps:

  • a) Verify the booking number, renting period, and match the Renter’s name stated in the booking with the data provided in the Renter’s identity document. If any discrepancy is found, the Hosts must notify Qeepl via email at support@qeepl.com and request the Renter to update their personal information in their account.
  • c) Ask the Renter to take a photo of the items using the relevant function in the platform.

5.2 Storage Procedure for Renter’s Items.

While storing the Renter’s items, the Hosts must adhere to the following guidelines:

  • a) Securely lock away the items.
  • b) Take proper care of the items.
  • c) Control and supervise access to the storage area.
  • d) Avoid dropping or throwing the Renter’s items.

5.3 Check-out Procedure for Renter’s Storage.

To check out the Renter and return their stored items, the Hosts must follow these steps:

  • a) Ensure that the Renter’s items are returned to the Renter.
  • b) Request the Renter to leave a review on the platform.

6 HOSTS ACCOUNTS

6.1 Account Registration. To become a Host, you must register and create an account by providing the necessary information (“User Account”). By doing so, you agree to provide accurate, current, and complete information during the registration process. Failure to maintain accurate, current, and complete information may result in the suspension of your Account or termination of this Agreement. You are responsible for the proper use of your Account and must keep your password confidential. Under no circumstances should you disclose your password to any third party. If you suspect any unauthorized activity on your Account, you must promptly notify Qeepl by emailing support@qeepl.com.

6.2 Accuracy of Information. You are required to provide valid, current, and complete information to create and maintain your Account. It is your responsibility to ensure the accuracy, currency, and completeness of this information. Qeepl reserves the right to suspend your Account or terminate this Agreement if your provided information is found to be inaccurate, outdated, or incomplete. Safeguarding your password and refraining from sharing it with any third party is crucial. In the event of an unauthorized Account, you must notify Qeepl immediately by emailing support@qeepl.com.

6.3 Background Checks. Qeepl may conduct background checks, which include verifying Hosts’ criminal history, prior experience, and good standing. By agreeing to these Terms, you acknowledge and understand that Qeepl may carry out such investigations.

6.4 Publicity and Advertising. The Hosts give consent to Qeepl to utilize their details, including names and addresses, for advertising and publicity purposes. This may involve listing the Hosts on platforms like Google Ads, Google My Business, or Google Maps. Qeepl has the right to display the Hosts’ information provided during registration on the web Platform or application (such as name, address, opening hours, storage point photos, contact details, entrance photos, and route plans) in advertisements (Google ads, Google maps, etc.) as well as directly on the Platform and application.

7 CONTENT RIGHTS

7.1 License. When you submit any content on the Qeepl platform, such as reviews, feedback, or other materials (“Member Content”), you grant Qeepl a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license. This license allows Qeepl to use, copy, adapt, modify, distribute, publish, publicly display and perform, translate, and create derivative works of the Member Content. The purpose of this license is to enable Qeepl to operate, promote, and improve the Qeepl platform and services.

7.2 Ownership and Representations. By submitting Member Content, you represent and warrant that you own or have obtained the necessary rights, licenses, permissions, and consents to grant the aforementioned license to Qeepl. Furthermore, you represent and warrant that your Member Content does not infringe upon the rights of any third party, including intellectual property rights, privacy rights, or contractual rights.

7.3 Responsibility for Member Content. You bear full responsibility for the Member Content you submit. Qeepl does not endorse, control, or guarantee the accuracy, integrity, or quality of any Member Content. However, Qeepl reserves the right to remove or modify any Member Content that violates these Terms or Qeepl’s policies.

8 ACCOUNT TERMINATION

8.1 Termination by Qeepl. Qeepl has the right to terminate its engagement with the Hosts temporarily or permanently under the following circumstances:

  • a) Hosts’ violation of any provisions of these Terms or referenced policies.
  • b) Hosts’ abuse or misuse of their Host’s Account.
  • c) Hosts’ engagement with a competitor Platform offering similar services without prior approval from Qeepl.
  • d) Hosts consistently receiving poor ratings from Renters, resulting in an aggregate rating below 2 out of 5 stars.

8.2 Termination by Hosts. The Hosts have the right to terminate their engagement with Qeepl by providing written notification at least 14 days prior to the termination date.

9 DISPUTES

9.1 Dispute Resolution. In the event of a dispute arising between the Hosts and the Renter regarding any booking, Qeepl shall have the authority to assess and make a final and binding decision on the issues in dispute.

9.2 Initiating a Dispute. The aggrieved party must initiate any dispute by providing written notice that outlines the specific loss or damage suffered.

10 REPRESENTATIONS AND WARRANTIES

10.1 Mutual Representations and Warranties. Each party represents and warrants that:

  • a) It has full power and authority to enter into this Agreement.
  • b) This Agreement has been duly authorized.
  • c) This Agreement is binding upon it.

10.2 Hosts’ Representations and Warranties. The Hosts represent and warrant to Qeepl that:

  • a) They will provide accurate and complete information to Qeepl for featuring on the Platform.
  • b) They will offer effective support to Renters and direct Renter inquiries to Qeepl.
  • c) They will not accept direct payments from Renters, except through the Qeepl Web Platform or Apps. Similarly, they will not accept direct bookings except those initiated through the Qeepl Platform.
  • d) They guarantee that they will not breach any contracts they have entered into with third parties and will comply with all applicable laws and regulations that may impact their operations.

11 OTHER PROVISIONS

11.1 Relationship of Parties. Qeepl and the Hosts are independent from each other under this Agreement. Nothing in this Agreement creates a principal-agent or employer-employee relationship between the parties.

11.2 Governing Law; Jurisdiction and Venue. This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction of the Delaware Courts for any litigation arising from or relating to this Agreement. They waive any objection to venue in the Delaware Courts and agree not to assert that any such litigation brought in the Delaware Courts is in an inconvenient forum.

11.3 Assignment. Neither party can assign this Agreement to another party without the written consent of the other party, except that either party may assign this Agreement in its entirety to a parent company, subsidiary, or assignee in connection with a corporate reorganization, acquisition, merger, or sale of substantially all assets. The assignee must agree in writing to be bound by all terms and conditions of this Agreement.

11.4 Waiver. The failure of a party to enforce any term of this Agreement on any occasion does not constitute a waiver of that term or deprive that party of the right to enforce that term or any other term of this Agreement in the future.

11.5 Headings. Section and subsection headings are provided for convenience and do not affect the interpretation of this Agreement.

11.6 Severability. If any provision of this Agreement is invalid, illegal, or unenforceable, it will be ineffective to the extent of such invalidity, illegality, or unenforceability. The remaining provisions of this Agreement will remain in effect. If one party notifies the other party of the potential invalidity, illegality, or unenforceability of any provision, the parties will negotiate in good faith to amend the provision so that it is legal, valid, enforceable, and reflects the intended commercial result as much as possible.

11.7 Entire Agreement. This Agreement represents the entire understanding and agreement between the parties, superseding any prior negotiations, understandings, or agreements regarding the subject matter. It may only be modified in writing, signed by the parties and expressly referencing this Agreement.