General Terms and Conditions
1. Scope of application, clientele, type of contract
1.1 General; Services. Trisor Berlin GmbH & Co. KG, Bachstraße 12, 10555 Berlin (hereinafter: "Trisor"), rents out digitally controlled safe deposit boxes (hereinafter: "safe deposit box" or "safe deposit boxes") via the web platform operated by Trisor GmbH at the internet address www.trisor.de and via a password-protected, web-based or downloadable software including mobile application (collectively "Software") (the entire online service offering the "Digital Platform"). Each safe deposit box is stored in the vaults operated by Trisor (hereinafter: "Locations") and is accessible to the customer via an electronically controlled safe deposit box loading mechanism and an electronically and physically secured self-service terminal with a two- or multi-level authentication procedure (e.g. customer card, PIN, fingerprint scan, one-time code). In addition, Trisor provides further accompanying services such as securing the location and the self-service terminal (hereinafter: "Services") (digital platform, provision of the locker and other services hereinafter collectively: the "Services").
1.2 Scope The following GTC apply to all contracts that Trisor concludes with its customers (hereinafter: "Customers"). Trisor does not recognize deviating and/or conflicting GTC, GTC of customers or of third parties and these are not effectively included in contracts with Trisor.
1.3 Customers. The conclusion of a contract is possible for natural persons (consumers or entrepreneurs) residing in a member state of the European Union, the European Economic Area (EEA), Switzerland or Great Britain. Persons who do not have full legal capacity can conclude contracts in accordance with the statutory provisions of the German Civil Code (BGB). Contracts may also be concluded with legal entities under private or public law, partnerships, cooperatives and special funds under public law with their registered office in a member state of the European Union or the European Economic Area (EEA). Customers must act in their own name and for their own account.
2. Conclusion of the contract and setup of the safe deposit box and the customer account.
2.1 Preparation of the conclusion of the contract.
The conclusion of the contract is prepared by the registration and the identification check. These individual steps described in section 2.1 do not constitute the conclusion of a contract or the acquisition of a right to the conclusion of a contract on the part of Trisor or the customer. In addition, no entitlement to continued registration or to permanent use of the Digital Platform by the Customer is acquired, irrespective of whether the Digital Platform is already being used as part of the preparatory actions.
2.1.1 Registration procedure. Registration is required to conclude a rental agreement. Registration takes place either on site at the respective location (Section 2.1.1 (a)) or alternatively digitally via a registration form (Section 2.1.1 (b)).
(a) Registration onsite.
On-site registration takes place by providing your title, first name, surname and e-mail address to a Trisor employee, who enters this data into a system so that it is later available to the digital platform.
The customer shall truthfully provide this data and any other data to be collected by Trisor in accordance with the statutory provisions, in particular in accordance with Section 154 (2) sentence 2 AO in conjunction with Section 11 (4) and (6) GWG.
(b) Digital registration.
Digital registration is carried out by the customer themselves, who selects the desired Trisor location digitally (e.g. via the Trisor website or another digital application) and enters their title, first name, surname and e-mail address.
The customer shall provide this data truthfully, as well as any other data to be collected by Trisor in accordance with the statutory provisions, in particular in accordance with Section 154 (2) sentence 2 AO in conjunction with Section 11 (4) and (6) GWG.
Irrespective of whether the customer provides additional information (such as the desired locker size) during registration, there is no entitlement to the subsequent conclusion of a (possibly already specified) rental agreement.
After completing the digital registration, Trisor GmbH as the platform operator will send the customer a confirmation email that also contains these GTC ("Registration Message"). Once the registration message has been sent, the Customer's access to the Digital Platform ("User Account") is effectively set up; after assigning and confirming a password, the Customer can view his/her personal data.
This expressly does not establish a contractual relationship with the customer; Trisor is authorized at any time (unless a rental agreement is concluded following registration) to temporarily or permanently block the customer's advance access to the digital platform. The data protection information made available on the website shall apply at all times.
2.1.2 Registration data. When registering, the customer must provide truthful and complete information on the data requested, including the information required by law in accordance with Section 3 ("Registration Data"). The customer undertakes to ensure that his registration data is always up to date after registration. Any changes must be entered on the Digital Platform without delay. The provision of incorrect registration data or the failure to update such data is not permitted; in serious or repeated cases, the rental agreement may be terminated for good cause and the customer may be excluded from re-registering.
2.1.3 Protection of access data. The customer undertakes to ensure that his access data, in particular his password, is not made accessible to third parties. The customer is solely responsible for all actions carried out via his user account. In the event of contributory negligence on the part of Trisor, § 254 BGB remains unaffected. If there are indications of misuse of the user account or if third parties have gained knowledge of the access data, the customer is obliged to notify Trisor immediately. Trisor will not pass on the user's access data to third parties and will not request it from the user by email or telephone.
2.1.4 Determining the payment method.
The customer can choose from the payment methods listed below and any other payment methods specified on the Digital Platform. Due to technical or location-related restrictions, the customer is not entitled to a specific payment method or payment modalities. The payment methods offered can generally be used by the customer free of charge:
(a) Credit card
(b) SEPA Direct Debit Scheme
(c) Cash payment
The customer decides on the payment method either following digital registration on the Digital Platform or verbally to the Trisor employee following on-site registration.
2.1.5 ID check. Before the rental agreement is concluded, the registration data provided by the customer must be checked in accordance with the statutory provisions, in particular Section 154 (2) sentence 2 AO in conjunction with Sections 12 and 13 GWG ("ID check").
The customer can choose from several options for carrying out the ID check, insofar as permitted by law; these include, for example, the ID check using the Postident procedure via Deutsche Post AG. In the event that the ID check is carried out by a contracted service provider, the provisions of the service provider shall apply. Due to technical or location-related restrictions, the customer is not entitled to a specific variant for carrying out the ID check. The ID check is free of charge for the customer. If the customer refuses to provide the data required by law, if the data is incomplete or incorrect or if the data cannot be verified in accordance with the law, e.g. due to the lack of timely submission of legally required means (in particular ID cards, register extracts) or if a suspicion of money laundering or other indications of criminal offenses or administrative offenses arises before or during the ID check, Trisor reserves the right to refuse the business relationship with the customer or, if it has already been established, to terminate it for good cause with immediate effect.
(a) Natural persons.
For this purpose, the customer must identify himself by presenting a valid identification document within the meaning of the Money Laundering Act (identity card, passport). The same applies to legal representatives, authorized agents, performing persons and beneficial owners.
(b) Legal entities.
To verify the ID of customers who are not natural persons, Trisor will request the evidence required by law. The customer is obliged to provide this. The required ID check of companies ("KYC check") is subject to a fee and must be paid in advance by the representative who appears at Trisor for the rental. The fee is listed in the List of Prices and Services and is non-refundable regardless of the result of the KYC check: By paying the fee, the customer only acquires a claim to the proper execution of the KYC check. The customer is only entitled to conclude a rental agreement if the result of the KYC check is positive and a locker is actually available after the KYC check has been completed.
2.2 Conclusion of contract and locker activation.
After a successful ID check, the customer can arrange a personal appointment to conclude a contract and activate a locker at the selected location ("personal appointment"). This can also take place directly after the ID check. At this appointment, the customer or the person authorized on their behalf (Section 3.3) must carry a valid ID document that was used for the ID check (Section 2.1.5). This must be machine-readable for automated data processing.
2.2.1 Selection of the safe deposit box and contract conditions.
During the personal appointment, the customer makes a binding selection of the requested contract conditions, such as locker size or contract term, to a Trisor employee.
The safe deposit box can be rented in various product plans. The customer has no right to change the product plan in the current contract. The product plan defines the range of services of the rental contract (e.g. possible payment methods and contract periods) and the monthly basic rental price, from which the rental fee is calculated based on the selected payment interval.
The customer will then immediately receive a summary of this contract data together with a copy of these GTC as an e-mail to the e-mail address provided during registration ("invitatio ad offerendum").
If the customer wishes to make changes or corrections after receiving the e-mail, this can be done verbally to the responsible Trisor employee. After changes or corrections have been made, the customer will receive an updated e-mail, which is deemed to be a new invitatio ad offerendum.
2.2.2 Offer by SMS.
After the customer has approved the data received in the e-mail, the customer will receive an SMS to the mobile phone number provided with a reference to the e-mail, which can be specifically identified by stating the time of sending, and an OTP (One Time Password). The text message is an offer to conclude a rental agreement on the terms and conditions sent in the email within the meaning of Section 145 of the German Civil Code (BGB) ("offer"). The SMS contains the information that by using the OTP, the customer effectively concludes the rental agreement on the terms of the offer.
2.2.3 Acceptance and activation.
The customer accepts the contract ("acceptance") by independently entering the OTP in the customer portal or by communicating the OTP to the responsible Trisor employee. The safe deposit box can be used immediately (subject to technical faults) ("safe deposit box activation").
2.3 No conclusion of contract by telephone.
The conclusion of a rental agreement is only possible on-site at a Trisor location in accordance with the procedure described in sections 2.1 and 2.2. It is not intended or possible to conclude a contract by telephone or exclusively by electronic means of communication or by letter.
2.4Conclusion of contracts by existing customers with an active rental contract relationship.
Section 2.3 above does not apply to existing customers who conclude a further rental agreement at the location ("further rental agreement") via the Digital Platform in addition to an already active rental agreement with Trisor. The customer concludes this additional rental agreement after selecting the specifications on the Digital Platform by clicking the “Activate Contract” button. Until the button is clicked, the customer can change or correct the specification of the additional rental agreement at any time.
If the customer is a consumer, clause 13 shall also apply to this further contract as well as the statutory provisions, in particular §§ 327 ff. and §§ 355 ff. BGB.
3. Installation and use of the locker
3.1 Customer card, biometric registration and key handover. Due to the technical security of the lockers, it is not possible to execute the contract without storing the customer's fingerprint ("biometric capture"), which is captured by an electronic scanner as part of the locker activation process and stored on the customer's customer card ("customer card"). Recording only takes place on the basis of the express consent of the person concerned, which can be given during locker activation. Further information on consent and the processing of personal data can be found in Trisor's separate privacy policy athttps://trisor.de/datenschutz/. The customer's biometric data is stored exclusively on their customer card. Immediately prior to biometric enrollment, the customer assigns a personal PIN for his customer card ("PIN") via a hardware device on site, which was previously handed over to the customer at the location. Biometric enrollment is mandatory for the conclusion and execution of the rental agreement. Alternatives to the PIN or fingerprint, such as OTP codes via authenticator apps, may be offered by Trisor, but the customer is not entitled to these.
Two (2) keys are issued to the customer for each locker. These are located in the locker when the locker is first accessed. Duplication of the key is expressly prohibited. If there is only one key or no key at all when the locker is first opened, the customer is obliged to report this immediately to Trisor on site. Missing keys without immediate (and therefore verifiable) notification are subject to costs for the customer in accordance with section 2.2..
3.2 Access to the locker. The combination of authentication means allowing the customer access to the premises ("customer cabin") in which the self-service terminals are located. After selecting a free self-service terminal, the customer can only gain access to the locker at the self-service terminal if they have identified themselves with their means of authentication and key
3.3 Legitimate persons.
(a) If the customer is a natural person, the customer can use the digital platform to nominate a certain number of authorized representatives for the use of the safe deposit box (each an "Authorized Representative"), depending on the product plan, who are entered by title, first and last name and e-mail address and subsequently receive an invitation via Trisor on behalf of the customer. If the customer is a natural person, only relatives of the customer (Section 15 of the German Fiscal Code (AO)) are entitled to have a legitimized person admitted. Trisor reserves the right not to admit other persons as Legitimate Persons. The authorized representative must then undergo the ID check and activation process in accordance with section 2.1 and will receive their own customer card against payment of a fee. After activation, the fee is automatically charged to the customer's stored means of payment and is payable immediately, depending on the chosen means of payment. If the selected means of payment is cash, the fee must be paid on site during the activation process. In addition to the activation fee, there is a surcharge on the rental price, which is calculated in accordance with the applicable list of prices and services when the authorized person is activated. The surcharge on the rental price for the additional Authorized Person will be added automatically for future recurring payments. If a period is affected that is already covered by a past payment by the customer, the surcharge on the rental price will be invoiced pro rata by means of a one-off payment at the time of activation of the additional Authorized Person via the deposited means of payment.
(b) If the customer is not a natural person, he is entitled to name up to two (2) legal representatives (in particular managing directors, board members, authorized signatories) entered in an electronically publicly accessible register (company register, commercial register) ("legal representatives") and up to two (2) additional authorized representatives for the use of the safe deposit box via his customer account.
Sentences 4-8 of paragraph (a) above apply accordingly. Authorized representatives within the meaning of the above paragraphs (a), (b), section 4.4 and legal representatives are each defined as "Legitimate Persons".
3.4. Loss of customer card or key by the customer.
3.4.1 Loss of the customer card. If a customer card is lost by the customer or an authorized person, the customer must inform Trisor immediately and have the card blocked. The customer shall be liable for any losses incurred in connection with the loss of a customer card issued to the customer or an authorized person. The card can be blocked at any time using the corresponding function in the customer area of the digital platform. The customer can then apply for a new customer card to be issued in the customer area. To collect a new card, a personal appointment must be made at the location via the digital customer area, as the biometric features must be recorded again. During the appointment, the customer must identify themselves to the Trisor employee with a valid identification document (ID card or international passport). Trisor charges a fee for this process in accordance with the list of prices and services.
3.4.2 Loss of the key. If the locker key is lost, Trisor must be informed immediately via the customer area of the digital platform. Due to technical limitations, it is not permitted to make a copy of the key, so that if a key is lost, the locker must be opened with the remaining key and a new lock installed. The costs will be charged to the customer. It is expressly forbidden to make copies of keys.
If both keys are lost, an appointment must be made with Trisor to open the locker. The customer is not entitled to an appointment within less than 10 working days. In this case, the customer's safe deposit box will be removed from the safe and temporarily stored in a camera-monitored and alarm-protected room. The safe deposit box will be removed from the secure room and broken open in the presence of the customer on the day of the appointment. The costs will be charged to the customer in accordance with the price and service list. Upon request, the customer will receive a new locker to which the remaining term of his contract will be transferred; there is no right to extraordinary termination due to the loss of the key.
4. Recording and information obligations.
4.1 The Customer is aware that Trisor, as the provider of safe deposit boxes, is subject to record-keeping and disclosure obligations pursuant to Section 154 (2) of the German Fiscal Code (AO). In this respect, Trisor is obliged to obtain certainty about the person and address of each authorized person and each beneficial owner within the meaning of the Money Laundering Act (GWG) before activating the safe deposit box and to record the relevant information in a suitable form, e.g. in a file. In this respect, Trisor must ensure that it can provide the legally competent authorities with information at any time as to who, as a customer or authorized person, is entitled to dispose of the contents of a safe deposit box or is the beneficial owner within the meaning of the GWG. For this purpose, an electronic list of authorized persons that cannot be viewed by third parties is kept. The validity of the data may be continuously monitored in accordance with the statutory provisions and its up-to-dateness may be checked at appropriate intervals. In particular, the customer is obliged to confirm the validity of its data or to provide different data at Trisor's request. The Customer's obligation to regularly update its data in accordance with section 2.1.2 remains unaffected by this.
4.2 this background, the Customer shall provide Trisor with the following data in particular at least five (5) days, or shorter lead times at Trisor's discretion under certain circumstances, prior to its personal activation date and shall notify Trisor electronically of any future changes to this data via its user profile without being requested to do so and without delay:
a) In the event that the customer is a private individual:
- First and last name
- Place of birth, date of birth
- Nationality
- Residential address
- Confirmation that the customer is acting in his own name and for his own account.
b) In the event that the customer is not a natural person:
- Company or name
- Legal form
- Address of the registered office or principal place of business
-Number in an electronically accessible commercial/company/cooperative register or in another register required by law
- Authorized representatives (e.g. board members, managing directors), stating their first name and surname, date of birth, place of residence and type of authorization to represent the company
- Business email address
- Persons who, as beneficial owners, hold more than 25% of the capital shares or voting rights in the client (including this information in accordance with the preceding paragraphs of this lit. b))
- Confirmation that the customer is acting in his own name and for his own account.
The customer is obliged to provide Trisor with the documents required to verify his details in accordance with §§ 154 para. 2 sentence 2 AO in conjunction with §§ 12 and 13 GWG. In the case of private individuals, verification is generally carried out on the basis of an identity card or passport via proof of identity through an online identification provider preferred by Trisor or on site by Trisor personnel. The same applies to legitimized persons and beneficial owners.
4.3 If a customer is unable to provide the information specified in section 4.2 in the prescribed form, Trisor is entitled to verify the identity on the basis of suitable data or documents. In addition, Trisor reserves the right to check the original proof of identity on a random basis when entering the business premises, even after the ID check has been carried out.
5. Contractual obligations, transferability, death, type of contract.
5.1After successful locker activation in accordance with section 2.2, Trisor shall rent the locker specified in the locker activation process to the Lessee.
5.2The rights arising from this rental agreement are not transferable. Subletting or transfer of use of the locker and the storage of items belonging to third parties are not permitted.
5.3 For security reasons, a safe deposit box can only be accessed by the customer and authorized persons.
5.4If a tenant dies, access to the respective safe deposit box must be granted to the heir upon presentation of a certificate of inheritance or, if there are several heirs, to one (1) of them jointly authorized in writing upon presentation of a certificate of inheritance or to an executor of the will upon presentation of a certificate of executorship. Trisor will carry out a legal check of the documents and, once the check has been successfully completed, will enable the legitimized persons stored in the system to be adjusted. This will incur the regular activation fee and additional rental of an access authorization in accordance with the List of Prices and Services. Several heirs must appoint a joint authorized representative; this representative must submit a written power of attorney from the heirs. Each heir, authorized representative or executor must undergo the legitimation procedure in accordance with Section 2.1. Any statutory reporting obligations of Trisor remain unaffected.
5.5 The customer is aware that there is no safekeeping agreement pursuant to Section 688 BGB and that the customer cannot derive any rights from a safekeeping agreement or a type of agreement similar to a safekeeping agreement, i.e. that the subject matter of the agreement is not the custody of the items in the safe deposit box, but is limited to the provision of the safe deposit box.
6. Access to the rented property
6.1 Upon completion of the activation process, the Lessee shall receive a personalized customer card ("access card"), which is configured with certain authentication factors such as PIN and fingerprint.
Depending on the customer's product plan, access to the locker is restricted to certain times, days of the week or the number of accesses within a certain period and may be subject to additional costs outside the periods defined in the product plan. The restrictions and costs are defined in the List of Prices and Services and are determined by the customer's selection of the product plan for the contract.
During periods of necessary maintenance work, technical defects or interruptions to operations due to force majeure, incorrect operation by customers or official/judicial orders, the customer cannot be granted access to the safe deposit box, regardless of the product plan.
Access is via a locked room ("terminal area") accessible with a customer card and/or PIN, in which the self-service terminal for accessing the safe deposit box is set up. The customer or authorized persons may only enter the terminal area alone. The customer or the authorized persons must observe the house rules applicable to the terminal area and the location.
There is a maximum length of stay within the terminal area, which is displayed by the self-service terminal. If the maximum length of stay is exceeded, the customer or authorized persons are obliged to leave the terminal area and, if necessary, allow access to waiting customers.
6.2The business areas, including the terminal area, are secured by video recording to protect the lockers. The persons entering and staying in the terminal area are recorded, but not the insertion or removal of items in or from the locker cassette.
6.3The Hirer is solely responsible for the safe storage of the customer card. The costs incurred in connection with the loss of a customer card or other means of authentication shall be borne by the Lessee.
6.4 The tenant is obliged to ensure that the locker is properly closed. If the customer causes system defects and/or failures as a result of improper use of the rented locker (e.g. lids raised due to overfilling, unlocked lockers with raised lids, objects hanging out of the locker, use of force when locking and unlocking the locker and associated damage to keys and/or locker), the customer is obliged to compensate Trisor for the resulting damage in accordance with the statutory provisions. Trisor will charge the customer for such damage. The actions of authorized persons acting on behalf of the customer shall be attributed to the customer.
6.5.Within the terminal area and other business areas, an emergency button makes it possible to trigger a direct alarm to the police. If the button is pressed without an existing emergency situation (robbery, danger to life, limb or health) by the customer, their authorized persons or accompanying persons and a police operation is triggered, the costs incurred shall be borne by the customer.
6.6.In the event of problems with the reading and recognition of the fingerprint (e.g. due to damaged minutiae or other factors beyond Trisor's control), Trisor and the Customer shall have an extraordinary right of termination, which must be exercised four (4) weeks after becoming aware of the problem; termination at a later date is not possible. Trisor may offer a different authentication factor (e.g. OTP via Authenticator App or SMS code) as an alternative to the fingerprint, but the Customer is not entitled to do so.
7. Rent, costs.
7.1 Due date and payment interval.
As part of the activation process, the tenant has the option of choosing between different payment intervals. The options depend on the selected rental model. In principle, a monthly rent is agreed for the locker, payable in advance when the locker is activated for the payment interval selected during activation.
7.2 Charges and their amendment
7.2.1 Charges in business transactions with consumers.
The amount of the charges for Trisor's services customary in business transactions with consumers is set out in the List of Prices and Services, unless special charges are specified herein or in the customer contracts. If a consumer makes use of a service listed therein and no other agreement has been made, the interest rates and charges stated in the List of Prices and Services at that time shall apply.
7.2.2 Charges outside of business transactions with consumers. Outside of business transactions with consumers, the fees for services used shall be determined in accordance with the agreement made, supplemented by the list of prices and services in the version applicable at the time of use.
7.2.3 Charges for other services.
For services which are not the subject of an agreement or listed in the list of prices and services and which are provided on behalf of the customer or in the customer's presumed interest and which, judging by the circumstances, can only be expected to be provided in return for remuneration, Trisor may demand reasonable remuneration in accordance with the statutory provisions.
7.2.4 Non-remunerated activities.
Trisor shall not charge a fee for activities which Trisor is already obliged to perform by law or on the basis of an independent contractual secondary obligation or which it performs in its own interest, unless this is permitted by law and is charged in accordance with the statutory provisions.
7.2.5 Change in charges for services typically used on a permanent basis.Changes to fees for Trisor services that are typically used by customers on a permanent basis as part of the business relationship (e.g. locker rental) may be offered to the customer at the earliest one (1) year after conclusion of the contract with two (2) months' notice, in particular to take account of the development of general market conditions and ongoing costs. The changes can be offered by means of an e-mail or notification of the Digital Platform. The offer to change the fee shall be accompanied by a corresponding justification. If the customer rejects the adjustment in text form within four (4) weeks of the notification being sent, the rent shall remain unchanged. Otherwise, Section 12.2 shall apply in the event of rejection.
7.3Adjustment of charges in the event of changes to the applicable VAT rate.
Charges described here or in the customer contracts as inclusive of VAT are based on the assumption that a VAT rate of 19% applies. If the VAT rate is changed, Trisor has the right to demand the fees stated here and in customer contracts using a changed VAT rate. In this case, the new fee claimable by Trisor is calculated according to the following formula: Previous fee incl. VAT x 100/119 = net fee; New fee = net fee + (net fee x new applicable VAT rate).
7.4 One-off fees for activation and authorized persons.
Once the safe deposit box has been activated, the customer pays a one-off set-up fee which covers the activation of the safe deposit box including ID verification, biometric registration of the customer or, in the case of legal entities, the first authorized person and the provision of a customer card and a set of safe deposit box keys. Trisor charges a fee for the second authorized person per customer. The aforementioned costs will be automatically debited to the deposited means of payment after the locker activation procedure has been carried out in accordance with sections 2.1 and 2.2 or, in the case of cash payment, must be paid immediately at the respective location. If the customer enters the locker activation procedure by starting the ID check before the 14-day revocation period expires, the fees are not refundable by Trisor.
7.5 Method of payment.
The agreed rent is to be paid according to the payment frequency in the product plan selected by the customer. Payment must be made no later than the recurring deadline for locker activation. The timeliness of the payment is not determined by the date of dispatch, but by the date of receipt of the payment. If a customer is in arrears with one or more payments, Trisor is entitled, without prejudice to further statutory rights, to block the respective locker until the outstanding claims have been settled in full.
7.6 Discounts.Discounts offered in the course of any marketing measures (e.g. marketing material with discount codes, discount codes from partnerships with other companies) can only be claimed by persons who have not been in a contractual relationship with Trisor within the last 24 months prior to registration. Discounts cannot be combined with other discounts or promotions and only apply to the first locker rented. If the customer receives a voucher code from a Trisor cooperation partner and uses it when registering in order to obtain a monetary benefit (e.g. free months), it may be necessary for Trisor to transmit customer data to the cooperation partner for data reconciliation purposes in order to verify the data provided.
8. Recoverable items, responsibility of the tenant.
8.1 Objects. The safe deposit boxes may only be used for the storage of securities, certificates, documents, data carriers, keys, precious metals, precious stones, jewelry and comparable items which do not pose a risk to the life or health of other customers, the functionality and undisturbed operation of the safe deposit box system, the quality and condition of the items of other customers deposited there and/or for the building and do not cause any contamination. The weight of the stored items may not exceed the maximum weight permitted in each case.
8.2 Safety regulations. In particular, the locker may not be used to store dangerous - especially flammable - items or goods. According to the dangerous goods regulations, dangerous items or goods (dangerous goods) are substances and objects that could pose a risk to people, animals, property or the environment in the event of accidents or improper handling during storage or safekeeping. In addition, the storage of liquids and objects is prohibited if the law prohibits the possession, use or safekeeping of such objects (e.g. Weapons Act, Narcotics Act, Atomic Energy Act, War Weapons Control Act).
8.3 Monitoring, inspection. The weight of the contents of the safe deposit box is checked each time it is placed in the vault. Trisor shall not carry out any further checks on the contents of the safe deposit box. The Lessee is responsible for ensuring that the contents of its safe deposit box always comply with the security regulations and the requirements of Section 8.1 ("Personal insurance"). In the event of reasonable suspicion of non-compliance with the security regulations or violation of Section 8.1, Trisor may
(a) lock the compartment using appropriate technical measures and
(b) the opening and inspection of the safe deposit box in the presence of the tenant or an authorized person and / or
(c) demand the immediate evacuation of the safe deposit box. If the customer fails to comply with a corresponding request in text form (Section 126 b BGB) within one (1) week, Trisor shall be entitled to terminate the rental agreement for good cause and to vacate the safe deposit box immediately at the customer's expense.
8.4 Imminent danger.If, in Trisor's reasonable opinion, the contents of the safe deposit box could cause danger to life, limb or property which cannot be eliminated or cannot be eliminated in time by measures in accordance with clause 8.3, or if a corresponding official or court order exists, Trisor is entitled to have the safe deposit box opened by specialist personnel at the customer's expense in the presence of a member of the legal or tax advisory professions or a police or judicial officer who is obliged to maintain professional secrecy, and to have the contents of the safe deposit box deposited in court or placed in other official custody. Trisor shall notify the Lessee of this in text form (Section 126b BGB). Unless this is necessary to prevent or eliminate danger to life, limb or property, Trisor shall not take note of the contents of the locker box; in this respect, Trisor shall also have no obligation to check whether a customer is fulfilling its obligations under clause 8.2.
8.5 Ownership. The items placed in the lockers and the cassettes therein shall remain the property of the customer. As a precautionary measure, Trisor points out that in the event of Trisor's insolvency, the contents of the safe deposit box would not become part of the insolvency estate, but that the Customer would be entitled to the return of the items owned by it even in the event of termination of the rental relationship by an insolvency administrator.
9. Insurance.
9.1 Standard cover.Trisor is liable for the risks of fire (fire, lightning, explosion), burglary, vandalism in the event of burglary and robbery within the business premises up to EUR 5,000.00 (five thousand euros) ("standard liability sum") per rental agreement within the scope of these GTC, without Trisor having to be responsible for the occurrence of one of these risks. To this end, Trisor GmbH, as the policyholder, has taken out a multi-site insurance policy that covers at least all lockers at a location. This strict liability takes precedence over the provisions of clause 10 and only exists to the extent that the insurance policy provides cover. Trisor shall bear the insurance premium up to the amount of the standard liability sum. If higher values are stored, the Lessee is obliged to notify Trisor. When asserting a claim against Trisor, the lessee is obliged to prove the damage caused to it by a risk listed above and to provide evidence of the contents of the locker by means of its own documentation.
9.2 Documentation.The Lessee must provide sufficient documentation of the items deposited in the form of appraisals, photographic material, delivery bills, invoices, etc. (obligation) in order to be able to provide appropriate evidence if a claim is asserted. The lessee is obliged to check the stored items for damage, loss, etc. immediately after removing them from the safe deposit box and to notify Trisor in writing of any loss or damage.
9.3 Higher insurance cover, increase in the amount of liability. Trisor and the Lessee may agree separately that the strict liability of Trisor for the risks specified in 9.1. is extended to higher amounts for which Trisor GmbH increases its own insurance cover. This increases the costs to be borne by the Lessee as agreed individually in the agreement on higher insurance cover.
10.Liability of Trisor
10.1 Statutory liability. . In the event of intentional and grossly negligent breaches of duty, Trisor shall be liable in accordance with the statutory provisions.
10.2 Limitation of liability. In the event of simple negligence, Trisor shall only be liable in the event of a breach of material contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the user may regularly rely ("cardinal obligations"). Liability for the simple negligent breach of cardinal obligations is limited to such typical damages and/or such typical scope of damages which were foreseeable at the time the contract was concluded. The above limitations also apply to Trisor GmbH, legal representatives, employees and vicarious agents of Trisor.
10.3 Reservation of mandatory statutory liability. The above limitations do not apply to liability arising from injury to life, limb or health and under the German Product Liability Act or in the event of the assumption of express guarantees by Trisor. These GTC do not contain any guarantees in the above sense, i.e. guarantee liability can only arise on the basis of individual contractual agreements. Under no circumstances do such guarantees arise from general advertising or product information on the digital platform.
10.4 External links. The Digital Platform website contains links to external third-party websites. Trisor has no influence on the content of these directly or indirectly linked websites. The respective provider or operator is always responsible for the accuracy of the content, which is why Trisor accepts no liability in this respect. Trisor has checked the third-party websites for possible legal violations at the time of linking. At the time of linking, no legal infringements were recognizable. Trisor is unable to constantly check all content of the sites linked by Trisor without actual evidence of a legal infringement. If Trisor becomes aware of any legal infringements, Trisor will remove the relevant links immediately.
10.5The damage value of the stored items shall be determined according to their objective market value; ideal values (such as collector's items or memorabilia) shall not be taken into account in the valuation.
11.Technical availability of the digital platform and the safe deposit box
11.1Trisor shall endeavor to ensure the best possible availability of the Digital Platform and the Customer's lockers within the bounds of what is technically and economically reasonable. However, the promise of availability at all times cannot be granted to customers for technical reasons. Maintenance, security and/or network capacity reasons and other events outside the control of Trisor may lead to a temporary interruption in the availability of the digital platform and the associated services, including access to the lockers. This means that tenants may be temporarily unable to access their lockers for technical reasons. Trisor shall not be liable for technical difficulties within the Customer's IT infrastructure or for other difficulties encountered by the Customer when using the Digital Platform. In addition, Trisor reserves the right to temporarily restrict or suspend access to the Digital Platform if and to the extent that this is necessary due to network capacity, for security reasons or to carry out necessary technical measures or for other important reasons. Where possible, Trisor shall notify the Customer of such restrictive measures or interruptions in advance via the Digital Platform or by email.
12. Contract term, termination
12.1The rental agreement is concluded for an indefinite period and may be terminated by either party with one (1) month's notice to the next full contractual month in the case of monthly payments or with one (1) month's notice to the end of the respective contractual year, which begins with the activation of the locker, in the case of annual payments (or payments made for a period of several years). Components of the rental agreement cannot be terminated individually.
12.2 In the event of an objection to an amendment or an amendment offer pursuant to Section 7.2 or Section 15.3, either party shall be entitled to terminate the contractual relationship with ordinary notice within four (4) weeks of receipt of the amendment notice, effective at the end of the current contract term. If no termination is made within this period, the amendments shall be deemed approved.
12.3 For security reasons, notice of termination may only be given electronically via the Digital Platform at the email address used for registration.
12.4 The right to terminate for good cause remains unaffected. An important reason on the part of Trisor is in particular:
a) if the Lessee is more than two (2) weeks in arrears with the payment of rent or other charges due and Trisor has unsuccessfully set the Lessee a reasonable period of at least one (1) week to remedy the situation; or
b) in the event of a breach of the safety regulations in Section 7.2 or submission of a false personal declaration.
12.5 The Lessee is obligated to fully vacate the safe deposit box by the end of the contract term and to return all provided keys and access cards to Trisor no later than this date. Should the return not be complete or occur late, a fee will be charged to the Customer in accordance with the applicable list of prices and services. The amount of the fee depends on the number of access media not returned.
12.5.1 Non-Return of KeysIf the two (2) keys belonging to the safe deposit box are not returned to Trisor by the end of the contract term, a fee will be charged according to the list of prices and services, depending on the number of keys not returned.
12.5.2 Non-Return of Access Card If the Customer does not hold any other active contracts at the respective Trisor location, the Customer must also return their personal access card and the access cards of all persons authorized by them by the end of the contract term. Failure to do so will likewise result in a fee being charged according to the list of prices and services.
12.5.3 Items Left Behind
12.5.3.1 Termination Without Payment Arrears If the safe deposit box is not fully vacated by the end of the contract term, Trisor is entitled to remove and securely store the contents through its employees, documenting the process.
12.5.3.1.1 Collection & Disposal of Remaining Items The Lessee will be notified in text form (§ 126b BGB) and requested to collect the left-behind items within ten (10) calendar days after notification by prior appointment with Trisor.
If collection does not occur within the specified period, Trisor is entitled, provided no legal retention obligation exists, to properly dispose of the items or to store them at the Lessee’s expense.
If the items constitute hazardous waste or dangerous substances, the Lessee shall bear the full disposal costs.
12.5.3.2 Termination Due to Payment Arrears and seizure of contentsAccess to the safe deposit box will be blocked during the advanced dunning process in the event of payment arrears. The Lessee will be informed in text form (§ 126b BGB) about the blocking, any imminent termination of the lease agreement, and the planned opening of the safe deposit box and realization of its contents under the statutory landlord's lien, unless the outstanding amounts are settled within the set deadline.
If the payment arrears persist after the final reminder period (60 days after the due date of the first outstanding claim) and the Lessee has not terminated the lease themselves by that time, Trisor will declare the termination of the contract.
At the same time, the Lessee will be requested to return the keys associated with the safe deposit box within a period of at least ten (10) calendar days to Trisor.
If no keys are returned, Trisor is nevertheless entitled to open the safe deposit box in the presence of two (2) employees.
Opening the box and replacing the lock will only incur additional costs for the Lessee, as per the Price and Service Schedule, if the keys were not returned within the specified timeframe. The items found in the safe deposit box will thereafter be documented, sealed, and stored in a secure area not accessible to the Lessee.
If Trisor does not exercise the right of lien, the Lessee may be requested, subject to an appointment and deadline, to collect the items (see section “Collection & Disposal of Remaining Items”).
Retention and Realization as Collateral If the Lessee's outstanding debts remain unpaid even after the expiry of the final reminder period (60 days after the due date of the first outstanding claim), Trisor may realize the contents of the safe deposit box under the landlord’s lien, provided this is necessary to cover the outstanding claims.
Alternatively, Trisor may initiate judicial realization proceedings.
If the Lessee has entered into an installment payment agreement and objects to the realization, Trisor may demand the conclusion of a separate storage agreement to secure the lien.
The storage costs will be calculated based on the volume and weight of the items to be stored, reasonably proportional to the rental price of a safe deposit box required for such storage.
Insurance coverage exists only if separately agreed in such a case.
Ownership of the Contents of the Safe Deposit Box
If the safe deposit box contains items that do not belong to the Lessee and therefore may not be used to satisfy the claims, the Lessee is obligated to notify Trisor of this in writing within ten (10) calendar days after termination of the contract, providing appropriate evidence.
13. Data protection
The processing of personal data of the customer or its representatives or authorized persons takes place exclusively within the framework of the statutory provisions, in particular in compliance with the applicable data protection law. Further information on this can be found in Trisor's separate privacy policy at https://trisor.de/datenschutz/
14. Right of withdrawal for consumers
___________________________________________________________________________Widerrufsbelehrung / Widerrufsrecht
Cancellation policy / right of withdrawal, You have the right to revoke this contract within fourteen days without giving reasons if it was activated independently online by you via the digital platform, as described in 2.4. The revocation period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform Trisor GmbH (email: widerruf@trisor.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired. Consequences of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract. End of the withdrawal policy
15. Final provisions
15.1 Applicable law. The rental agreement shall be governed exclusively by the law of the Federal Republic of Germany.
15.2Place of performance, place of jurisdiction. The place of performance is Berlin. The exclusive place of jurisdiction shall be Berlin if and insofar as the Hirer is a merchant, a legal entity under public law or a special fund under public law. The same applies to tenants who do not have a general place of jurisdiction in Germany or who move their domicile or usual place of residence outside the area of application of this law after conclusion of the contract or whose domicile or usual place of residence is not known at the time the action is brought.
15.3 Changes.
15.3.1 Change offer.
Amendments to these General Terms and Conditions or to the rental agreement shall be offered to the Customer in text form no later than two months before the proposed date of entry into force. If the customer has agreed an electronic communication channel with Trisor as part of the business relationship, the amendments may also be offered by this means.
15.3.2 Acceptance by the customer.
The changes offered by Trisor shall only become effective if the customer accepts them, if necessary by way of the fictitious consent regulated below.
15.3.3Acceptance by the customer by way of fictitious consent.
The Customer's silence shall only be deemed to constitute acceptance of the offer of amendment (fictitious consent) if a) Trisor's offer of amendment is made in order to restore the conformity of the contractual provisions with a changed legal situation because a provision of the General Terms and Conditions or the rental agreement no longer corresponds to the legal situation due to a change in the law, including directly applicable legal provisions of the European Union, becomes ineffective or may no longer be used due to a final court decision, including by a court of first instance, or - can no longer be brought into line with Trisor's regulatory obligations due to a binding order issued by a national or international authority with jurisdiction over Trisor, and b) the Customer has not rejected Trisor's offer of changes before the proposed date of entry into force of the changes. Trisor will draw the Customer's attention to the consequences of its silence in the offer of change.
15.3.4 Ausschluss der Zustimmungsfiktion.
The fiction of consent does not apply
(i) in the event of changes to this Section 15.3 and Section 7.2 of the General Terms and Conditions and the corresponding provisions in the customer contracts or
(ii) in the event of changes that affect the main performance obligations of the contract and the fees for main services, or
(iii) in the case of changes to agreements aimed at a payment by the consumer in excess of the agreed remuneration for the main service, or
(iii) in the event of changes that are equivalent to the conclusion of a new contract, or
(iv) in the event of changes that would significantly shift the previously agreed relationship between performance and consideration in favor of Trisor. In such cases, Trisor shall obtain the Customer's consent to the changes by other means.
15.3.5 Customer's right of termination in the event of fictitious consent.
If Trisor makes use of the fiction of consent, the Customer may also terminate the contract affected by the change without notice and free of charge before the proposed date of entry into force of the changes. Trisor shall specifically inform the customer of this right of termination in its offer of amendment.
15.3.6 Fiction of consent for Customers who are not consumers.If the Customer is not a consumer, notwithstanding paragraphs 15.3.3 a) and 15.3.4, the fiction of consent shall apply to the Customer's declaration of acceptance for each offer of change made by Trisor; the provisions of paragraphs 15.3.1, 15.3.2, 15.3.3 b) and 15.3.5 shall remain unaffected.
15.4 Language.
The language of the contract and the authoritative language for communication between Trisor and the customer is German.
15.5 Severability clause.
Should individual provisions of these GTC be or become void, invalid or unenforceable, this shall not affect the validity of the remaining provisions of these GTC. In this case, the parties are obliged to replace the invalid, ineffective or unenforceable provisions with provisions that come closest to the purpose of the invalid, ineffective or unenforceable provisions in a legally permissible manner. The same applies in the event of loopholes.
Convenience translation of the German version of the general terms and conditions! The German version shall prevail.
As at: August 2025
Data policy: https://trisor.de/datenschutz/
Prices and fees overview:https://www.trisor.de/schliessfach-preise-groessen-versicherung/#kostenuebersicht