The following capitalised definitions used in the Agreement shall have the following meanings:
Agreement: is the commercial premises lease agreement concluded between the Parties, which consists of the Special Conditions and General Conditions, amendments to the Agreement and Annexes to the Agreement;
General Conditions: are the current general conditions of the commercial premises lease agreement;
Intended Use: is the intended use of the Premises, which is storage;
Lessor: is the person named in subsection 1.1 of the Agreement;
Lessor’s Website: is the website of the Lessor at www.citystock.ee;
Party / Parties: are the Tenant and Lessor, separately or together;
Premises: is the commercial premises (container) located on the Property, which is given for the Tenant’s use as per the Agreement;
Property: is the property located at 25 Valukoja, Tallinn;
Rent: is the fee paid by the Tenant to the Lessor for the use of the Rental Object;
Rental Object: is the object of the Agreement, i.e. the Premises;
Security Deposit: is the security deposit given to the Lessor by the Tenant as a guarantee of fulfilment of its obligations under the Agreement;
Special Conditions: are the special conditions of the Agreement concluded between the Parties;
Tenant: is the person named in subsection 1.2 of the Agreement.
2. CONCLUSION OF THE AGREEMENT
2.1. To conclude the Agreement, a corresponding application must be submitted to the Lessor via the Lessor’s Website. By submitting the application, the Tenant shall confirm that it has thoroughly read the General Conditions, it understands the General Conditions fully and it accepts the General Conditions in their entirety.
2.2. The Agreement shall be displayed to the Tenant on the Lessor’s Website and can be signed by the Tenant digitally on the Lessor’s Website or on paper in the Lessor’s office in the presence of the Lessor. The Lessor shall sign the Agreement within two (2) working days after the Agreement has been signed by the Tenant.
3. TRANSFER OF THE TENANCY OF THE RENTAL OBJECT
3.1. The Lessor shall transfer the tenancy of the Rental Object immediately after the Tenant has signed the Agreement and paid the proper Security Deposit and Rent for the current month.
3.2. The transfer of the tenancy of the Rental Object is considered to be the moment when the Lessor sends the Tenant a mobile text message or e-mail with information on the location of the key to the Rental Object on the Property, including a door code enabling the Tenant to open the box for the key.
3.3. The Tenant shall return the tenancy of the Rental Object on the due date set forth in the Special Conditions.
3.4. The Tenant is obliged to notify the Lessor immediately of any defects in the Rental Object that appear after the acceptance of tenancy, but no later than within seven (7) days after the discovery of the defect or after the moment when the Tenant should have discovered the defect. If the Tenant delays notifying of the defect, it shall have no right to use the defect as the basis of a claim.
3.5. The Lessor shall give the Rental Object for the Tenant’s use according to the conditions set in the Agreement, and the Tenant shall commit to using the Rental Object for its Intended Use and in accordance with the terms of the Agreement, as well as to paying the Rent to the Lessor in the manner and procedure detailed in the Agreement.
4. USE OF THE RENTAL OBJECT
4.1. The Tenant shall commit to using the Rental Object with care and prudence, and to following any applicable health, fire, security, construction, technical and other safety regulations (“Regulations”) and laws.
4.2. The Tenant shall have the right to:
4.2.1. use the Rental Object for its Intended Use and according to the terms of the Agreement;
4.2.2. use the Property for gaining access to the Rental Object, as per the conditions set in the Agreement, and in a way that does not disturb other persons and the Lessor;
4.2.3. install its own equipment in the Premises necessary for utilising the Premises for its Intended Use.
4.3. The Tenant shall be forbidden from:
4.3.1. using appliances and technology in the Premises that cause or emit any of the following: vibration and noise above legal limits, radio and TV disruptions, chemicals, dust that is damaging to the surrounding environment, harmful radiation, overload of the electrical grid;
4.3.2. keeping in the Premises weapons, explosives, drugs, items that are easily flammable or self-combustible, items with a high fire load, toxic items, items harmful to health or the environment, flammable or explosive items or substances, and to create a fire hazard in the Premises;
4.3.3. using the Premises in a way that is not in accordance with the Intended Use;
4.3.4. engaging in activities in the Premises and on the Property, which are against common decency and public order;
4.3.5. storing items in the Premises that require a total floor load of more than 1500 kg/m²;
4.3.6. disturbing third parties and the Lessor with their activity;
4.3.7. smoking in the Premises and on the Property;
4.3.8. using and making open flames in the Premises and the Property;
4.3.9. keeping a vehicle with a running engine in the Premises;
4.3.10. changing the lock and padlock of the Premises;
4.3.11. parking on the Property;
4.3.12. subletting or giving the Rental Object over for third party use in any way;
4.3.13. impeding or complicating evacuation and rescue work in the Premises and on the Property.
4.4. The Tenant shall arrange the proper disposal of waste and the fulfilment of any obligations arising from the Packaging Act at its own expense, including the fulfilment of the obligation to reclaim sales packaging and packaging waste.
4.5. The Tenant must notify the Lessor immediately of any accidents, fires or other emergencies on the Rental Object, and must immediately take measures at its own cost to avoid and reduce any damage from the emergencies and to eliminate any consequences. The Lessor shall have the right to block access partly or fully to the Rental Object for the duration of the time necessary to eliminate damage from an emergency, fire or explosion, or in the existence of such a threat when the Lessor deems it necessary. The Tenant shall have no right to apply for a reduction of the Rent or compensation for damages or to submit an application to terminate the Agreement due to inability to use the Premises on the basis of this clause.
4.6. The representatives and authorised persons of the Lessor shall have free access to the Rental Object, provided that the Tenant has been notified at least one (1) day before when possible. The Lessor shall have the right to enter the Rental Object using their own key and without the presence of the Tenant.
5. RENT AND OTHER PAYMENT OBLIGATIONS
5.1. The Tenant shall pay the Rent for the use of the Rental Object from the enforcement of the Agreement until the date of actual return of the tenancy of the Rental Object.
5.2. The Tenant shall pay the Rent for the current month on the basis of an invoice issued by the Lessor in the same month. As an exception, the Rent for the first month of the Agreement, i.e. from the date of enforcement of the Agreement until the end of the current calendar month, is paid on the same day as when the Agreement is concluded.
5.3. All prices set by the Lessor are in euros. The Rent and other payments due under the Agreement are exclusive of VAT and other related taxes according to current law.
5.4. The Tenant must also pay the Rent for the time that it was unable to use the Premises for its own reasons, in particular due to being absent. In this case, the Tenant shall have no right to deduct any sums from the Rent, including the value of any savings or benefits gained by the Lessor by using the Rental Object in a different way.
5.5. The Parties hereby agree that the Rent is subject to an annual increase of two per cent (2%) based on the Rent in force in the month immediately preceding the increase, beginning from 12 months after the signing of the Agreement, with no additional written agreement from the Parties. The increase of the Rent shall be reflected on the invoice issued by the Lessor. The Lessor is not obliged to issue a separate notice to the Tenant regarding the increase of the Rent.
5.6. In the event of the loss of keys the Tenant shall pay the Lessor 25 euros plus VAT for a new padlock and keys.
6 ISSUING AND PAYING INVOICES
6.1. The Lessor shall issue all invoices under the Agreement, including the Rent invoices, a minimum of 5 (five) days before the due date of the payment. The Rent invoices shall be issued on the 1st (first) day of each month.
6.2. The Tenant shall be obliged to notify the Lessor immediately if the Tenant has not received a Rent invoice from the Lessor by the date stated in the Agreement.
6.3. The Tenant shall pay all payments due under the Agreement via bank transfer to the bank account stated on the invoice. An invoice is considered paid from the date that the sum is credited to the bank account. Payment shall be made outside the Lessor's environment, either trough a bank link or in a secure environment of Maksekeskus AS.
6.4. The rate of penalty for late payment shall be 0.15% (zero point one five per cent) on the outstanding debt per calendar day until to the debt has been paid.
6.5. Collectable liabilities on payments due by the Tenant to the Lessor shall be considered paid in the following order: (1) penalty for late payment; (2) penalty fee; (3) Rent; (4) other obligations.
7 PROCEDURES WHEN THE TENANT FAILS TO MEET PAYMENT OBLIGATIONS
7.1. If the Tenant fails to meet the payment obligations due under the Agreement, the Lessor shall have the right to exercise the Lessor’s right of security immediately according to the conditions and pursuant to the procedure provided by law.
7.2. To exercise the right of security of the Lessor, the Lessor shall lock the Premises with a padlock, which the Tenant is prohibited from breaking. The Tenant shall have no right to enter the Premises after the Lessor has exercised the right of security (including after the Premises have been locked by the Lessor with a padlock).
7.3. The Lessor shall notify the Tenant of the exercising of the right of security via e-mail.
7.4. The Lessor shall have the right to enter the Premises with their cooperation partners to exercise the Lessor’s right of security. The Lessor and Lessor’s cooperation partners shall also have the right to review and take an inventory of all items in the Premises. The Lessor (or the Lessor’s cooperation partner) shall take an inventory of the items, which the Lessor shall forward to the Tenant.
7.5. The Lessor shall have the right to store the items from the Premises at another location of the Lessor’s choosing. The Tenant shall commit to covering all costs related to the transport and storage of the items.
7.6. The sale of items subject to the Lessor’s right of security shall take place according to the conditions provided by law.
8 SECURITY DEPOSIT
8.1. The Security Deposit type is a sum of money transferred to the Lessor’s bank account.
8.2. The Tenant shall give the Security Deposit to the Lessor at the latest by the due date stated in Special Conditions.
8.3. When the Agreement is terminated, the Lessor shall return the unused Security Deposit to the Tenant within 30 (thirty) days after the termination of the Agreement.
8.4. Upon the termination, cancellation or during the validity of the Agreement, the Lessor shall have the right to use the Security Deposit to fulfil the Tenant’s obligations due under the Agreement by issuing the Tenant a corresponding written notice.
8.5. The Tenant shall have no right to object to the use of the Security Deposit. The Tenant shall have no right to offset against the Security Deposit and the payment of the Security Deposit shall not give the Tenant the right to refuse to fulfil their payment obligations due under the Agreement by the corresponding amount.
8.6. The Lessor shall not pay the Tenant interest on the Security Deposit.
8.7. The Tenant shall have the obligation to ensure that the Security Deposit is adequate throughout the validity of the Agreement, i.e. that the amount of the Security Deposit corresponds to the amount of the Security Deposit stated in the Special Conditions at all times.
9 AGREEMENT PERIOD
9.1. The Agreement shall enter into force on the date stated in the Special Conditions.
9.2. The Agreement shall terminate only in the following manner, and the Parties hereby explicitly agree that all other reasons for termination arising from the law are excluded:
9.2.1. cancellation of the Agreement according to section 10 of the Agreement; or
9.2.2. termination of the Agreement by written agreement between the Parties.
9.3. Upon termination of the Agreement, the provisions of the Agreement that detail the rights and obligations of the Parties after the termination of the Agreement shall also apply after the termination of the Agreement, i.e. provisions that state the procedure for settling disputes, obligations regarding the payment, calculation and procedure for the payment of fees stated in the Agreement, the manner of interpreting the provisions of the Agreement, and the liability of the Parties.
10. CANCELLATION OF THE AGREEMENT
10.1. The Parties shall have the right to cancel the Agreement under ordinary procedure by notifying the other Party in writing at least 1 (one) month in advance.
10.2. The Lessor shall have the right to extraordinary cancellation of the Agreement without notice under the following reasons and circumstances:
10.2.1. the Tenant has not fulfilled its payment obligations due under the Agreement within 10 (ten) days from the obligation becoming collectible;
10.2.2. the Tenant is not properly fulfilling the obligations relating to the Security Deposit (i.e. is not supplementing the Security Deposit);
10.2.3. the Tenant is using the Rental Object counter to the Intended Use and/or to the conditions set in the Agreement, and has not rectified the violation within 14 (fourteen) days of receiving a corresponding notice;
10.2.4. the Tenant is significantly deteriorating the state of the Rental Object and has not rectified the violation within 14 (fourteen) days of receiving a corresponding notice;
10.2.5. the Tenant’s activities are significantly or repeatedly disturbing other tenants or users of the Property or their activities;
10.2.6. other significant violation of the Agreement by the Tenant which has continued for 30 (thirty) days after the submission of a reproducible written order to cease the violation by the Lessor.
10.3. The Tenant may only cancel the Agreement extraordinarily if the Lessor has intentionally and substantially violated the Agreement (other legal bases are excluded) and the Tenant has sent the Lessor a corresponding notice. In this case, the Tenant shall give the Lessor 30 (thirty) days to cease the violation. If the Lessor has not ceased the violation during this time, the Tenant may cancel the Agreement. The Tenant has no right to cancel the Agreement if the use of the Rental Object is limited to a non-significant extent.
11. RETURN OF THE RENTAL OBJECT TO THE LESSOR
11.1. Upon termination of the Agreement, the Tenant is obliged to immediately return the Rental Object to the Lessor. The return of the Rental Object is deemed to be the moment when the Tenant has left the lock of the Rental Object in front of the container, returned the lock key to the mailbox on the front of the warehouse and the Rental Object meets the conditions set out in section 11 of the General Conditions.
11.2. When returning the Rental Object to the Lessor, the Rental Object must be empty, clean and in a good overall condition, taking into account normal wear and tear.
11.3. The Tenant shall be obliged to vacate the Rental Object by removing all its equipment, additions, improvements and decorations, and by eliminating any damage caused by these and their removal. The Parties agree that the Lessor shall not have to pay the Tenant compensation for such constructional amendments, improvements or decorations, and the Parties exclude the Tenant’s right to compensation, also in the event that the value of the Rental Object has increased significantly as a result of the improvements or changes implemented by the Tenant, except for in the case where the Parties have concluded a clear written agreement to the contrary.
11.4. If the Tenant delays the return of the Premises, the Lessor shall have the right to demand a penalty fee per each delayed day in the sum that equals double the daily Rent due for the rented Premises.
11.5. In the event that the Tenant has not fully vacated the Rental Object within 10 (ten) working days after the termination of the Agreement, the Lessor shall have the right to remove the Tenant’s belongings from the Rental Object and store them elsewhere at the Tenant’s expense. The Lessor shall notify the Tenant in writing of the removal and storage of their belongings.
12.1. Notwithstanding other provisions in this Agreement, the Lessor shall not liable for the violation of the Agreement or for any damage caused to the Tenant if it is not caused by an intentional violation of the Agreement by the Lessor.
12.2. In the event of the transfer of the Lessor’s rights and obligations due under the Agreement for whatever reason, the Parties hereby exclude the Lessor of liability for any damage caused to the Tenant in relation to the violation of obligations or termination of the Agreement.
12.3. Payment of the penalty fee shall under no circumstance constitute a release from the fulfilment of obligations or from the compensation of damages in excess of the penalty fee, unless otherwise agreed in the Agreement.
13.1 Notices related to the Agreement shall be forwarded to the contact details of the other Party specified in Special Conditions (or to another address of which a Party has notified the other Party) at a minimum in a format allowing for written reproduction, except for in the case where such notices do not carry legal significance.
13.2 The notice is considered received by the other Party when it has been delivered against signature or when the notice has been sent by tracked mail and 5 (five) calendar days have passed from posting. Notices sent via e-mail are considered received on the following working day.
14. AMENDMENTS TO GENERAL CONDITIONS
14.1. The Lessor shall have the right to unilaterally amend the General Conditions. The Lessor shall in general give a minimum of 2 (two) months’ notice of any amendments on paper or on another durable medium (e.g. via the Lessor’s Website, via e-mail). The Lessor shall have the right to give shorter notice of amendments if the amendments to the General Conditions are reasonable towards the Tenant.
14.2. The Tenant can access the amended General Conditions via the Lessor’s Website or via another manner determined by the Lessor.
14.3. In the event that the Tenant does not accept the amendments to General Conditions, the Tenant has the right to unilaterally cancel the Agreement by issuing the Lessor a written notice within two (2) months from the date that the Lessor notified the Tenant of the amendments. If the Tenant has not cancelled the Agreement during the aforementioned period, it is considered that the Tenant has accepted the amended General Conditions.
15. PROCESSING OF PERSONAL DATA
15.1. The Lessor shall process the Tenant’s and the Tenant’s representative’s personal data according to the Lessor’s Data Protection Terms in order to fulfil the obligations and exercise the rights of the Lessor due under the Agreement.
15.2. The Lessor shall process the personal data that the Tenant has submitted to the Lessor and the personal data that the Lessor has acquired via legal means. Processing of personal data includes but is not limited to the following: collection, recording, storage, amendment, use and forwarding of personal data to the Lessor’s cooperation partners (including Maksekeskus) for the purpose stated in subsection 15.1 of the General Conditions.
16. FINAL PROVISIONS
16.1. The Agreement is a commercial premises lease agreement and the Agreement does not constitute a storage agreement as per the Law of Obligations Act § 897.
16.2. The Parties shall settle all disputes through negotiations. Unsettled disputes will be settled in the Harju County Court.
16.3. The laws of the Republic of Estonia shall be applied to the Agreement.
16.4. The Tenant shall not be allowed to transfer the rights and obligations arising from the Agreement to any third party, in whole or in part, without the prior written consent of the Lessor.
16.5. The Agreement can only be amended by written agreement between the Parties.
16.6. The Agreement is prepared and concluded in English language.
16.7. The Agreement shall be signed digitally in a single copy or signed on paper in the office of the Lessor in the presence of the Lessor in two copies, of which each Party retains one.