Terms & Conditions
1. This agreement is between Cancun storage, and you John Q. Public (and or your successors) hereafter referred to as tenant. This is a binding agreement and you should read it carefully. If there is anything you don’t understand we will be happy to explain it to you. However, any dispute will be resolved based solely on this written agreement, any written addendums and the published policies and procedures of Cancun storage. The date of this agreement is: Today’s Date
2. Contact Information: From time to time we may need to reach you. Failure to locate you may have serious consequences, to include loss of your property. Accordingly, we keep contact information on you. We do not sell our customer’s information to others. Keeping your information current and accurate is your responsibility. This needs to be done in writing over your signature. You can mail the updated information, to the address shown above or through the website. Depending on the urgency, we will make reasonable efforts to reach you by phone, email or post, before forcibly opening the container or disposing of your belongings. During the registration process you have been asked for an alternative contact. If you have refused to provide an alternative contact or have merely duplicated your own address and/or phone number we will be less likely to be able to contact you when necessary.
3. Purpose of this agreement. This is an agreement to rent one or more plastic containers and storage space to you on a yearly or monthly basis at our facility located at Av guayacan in Cancun, Mexico. You are paying us to store your stuff and to rent the space to store your stuff. Our video surveillance, access code entry and monitored burglary and fire systems provide excellent security for the anticipated personal storage use. This facility is not an appropriate location for works of art, expensive jeweler, furs, or negotiable paper. The facility is equipped with climate and humidity control units. Do not store fine wines, cigars, pharmaceuticals or items of a sensitive or perishable nature. Do not place items subject to water damage directly on the floor. Tenant hereby waives any claim of loss based on emotional or sentimental value. The tenant and the tenant alone assume all responsibility for the safety of stored belongings. Cancun storage will provide insurance for up to 100 usd in value for the stored goods.
4. Inappropriate items: Items that should not be stored inside the containers include but are not limited to: 1.) Perishables, (you are unlikely to want to eat them when they come out of storage anyway, so dispose of your cereal, flour, Christmas candy etc. ahead of time; 2.) drugs or other contraband, we cooperate fully with the police; 3.) Weapons or firearms; and 4.) Dangerous flammables (e.g. Gasoline, propane, solvents, oil based paints; 5) jewelry, precious metals, large electronics, or items of greater value. We cannot realistically control what you put in or take out of your bin. However if we Cancun storage, happen to notice you violating this agreement or our posted policies we will request that you refrain and as necessary alert the appropriate authorities.
5. Rent and term. This agreement creates a year-to-year or month-to-month tenancy for one or more plastic containers and at the storage facility. Unless specific notice is given the contract will automatically roll over for an additional year or month. The term of this agreement shall begin on the date you sign this agreement. The initial yearly and monthly rent for the container and storage space is as described above. It is acknowledged by both parties that the specific rents and sizes of the container(s) in question may change over time. This agreement includes all containers rented by the tenant (or successors) from Cancun storage during the course of their tenancy. Rent is payable in advance upon the date written above and on the same date thereafter each and every calendar year or month. If a tenant chooses to rent by the week (as an extension to a longer rental) the weekly rate shall be 30% of the established monthly rate. All other deposits and fees shall remain the same as the yearly or monthly rate. Either party may terminate this agreement with proper notice in accordance with paragraph 12 below, If you choose to terminate your rental with proper notice, Cancun storage will refund any outstanding credit due you once all rents and fees have been applied. This agreement is between you and Cancun storage. You may not sublease all or part of your space. You may not reassign your rights under this agreement to anyone else. Any violation or attempt to violate this prohibition terminates this agreement.
7. Rental Payments. All payments are to be made in a timely manner in U.S. Currency. Timely payment is made when prior or on the date the yearly or monthly rental date of this agreement: 1.) A valid credit card transaction occurs through the website, 2.) Cash can be paid when customer arrives to their home Resort, 3) payment through PayPal is also accepted, 4.) No personal checks are accepted
8. Late charges: A late charge shall be paid by the tenant if timely payment is not received within 10 days of the due date. Late charges are as follows:
Monthly rent or fees overdue
Late fee: 10 usd per month.
10. Other Charges It is not reasonable for Cancun storage to pass expenses incurred by the few tenants who fail to pay their bills on to the customers who keep their accounts in good standing. Accordingly, any costs or charges related to: preliminary lien notice ($10.00), notice of lien sale ($15.00) and all other notices that Personal Space finds necessary or prudent to send to a tenant as a result of tenant’s default under this agreement are costs to be paid by the tenant who is in default. Tenant also agrees to pay to transport their property to any required lien sale and or store their property prior to such sale the actual cost of such transport or storage. This cost will be no less than $50.00. Removal of tenant’s lock, for any reason, is a service fee of $30.00. Placing and subsequent removal of a red management lock is a service fee of $5.00. Replacing a damaged latching mechanism is $40.00. Attempting to circumvent the security system or hours of operation resulting in a response by emergency personnel will result in a charge of $50.00 plus any subsequent charges by the responding agency.
11. Notices. In keeping with the year to year or month-to-month nature of this agreement all changes to this agreement (except as noted below under emergency conditions), including your notice that you are moving out, require written notice issued 14 calendar days prior to the yearly or monthly due date. Notices by tenant shall be delivered by email to Cancunstorage@gmail.com. We recommend that important notices not delivered personally, be sent by certified mail, return receipt requested. Then you know we received your information. Specific legal notices by Cancun storage will be sent by first class mail to your last known address. Refusal or failure of the addressee to pick up mail does not effect our legal requirements to send notice.
13. This facility falls under the estate government regulations, Cancun storage is not in business to take your property, nonetheless there may arise circumstances where we have no other choice. Stored property will be subject to a claim of lien by owner (Cancun storage) and may even be sold to satisfy the lien if the rent or other charges due remain unpaid for 14 consecutive days. Property subject to a claim of lien may be secured (over locked) by Cancun storage with a red management lock until the rent is brought current or the issue is otherwise resolved.
14. Abandonment of Property. Property that remains on the premises of Cancun storage after the termination or expiration of this agreement or outside of tenet’s assigned space(s) shall be deemed to have been abandoned and without any monetary value. Cancun storage shall be entitled to retain or dispose of said property as it sees fit. Costs associated with disposing of the property are chargeable to you.
Less than $60.00
$10.00
More than $60.00 but less than $100
$15.00
More than $100 but less than $134
$20
Greater than $134.00
15% of the amount due.
15. Extraordinary Circumstances: We will not normally access your properly rented container and space except after due notice has been given as outlined in paragraph 12 above. We may however forcibly remove your lock and open your container in the following unusual circumstances: 1.) At the request of a duly appointed authorized public official, (police, fire, health and safety, building dept. etc.); 2.) If we have reasonable reason to believe you are in violation of this agreement; 3.) For urgently required facility maintenance; 4.) In an effort to limit damage or prevent further loss of your property due to some other problem in the facility. In all such cases we will endeavor to notify you.
16. Termination. This agreement terminates upon any of the following: (1) proper notice, in accordance with paragraph 12 above, by either party terminating the agreement; (2) Tenant fails to pay rent and or fees in a timely manner and Cancun storage terminates the agreement in accordance with paragraph 13 above entitled “abandonment”; (3) Tenant fails to abide by this agreement or facility regulations and refuses to comply after notice has been given; (4) where the tenant’s space is damaged to the point of being unusable and there is no equivalent vacancy to offer the tenant; (5) tenant apparently abandons the space and does not respond to Cancun storage’s written notice.
17. Unlawful detainer: As an exception to paragraph 18 below Cancun storage retains it’s rights to Public Civil Litigation in unlawful detainer actions, or other legal actions in the public state courts for rights of recovery, re- possession, re-entry, and control of the rental space. Included in this exception are all costs, including enforcement costs, related to the removal and disposal of tenant’s property. Cancun storage additionally does not waive its rights to bring legal actions in Public Courts for the enforcement of judgments and collection of any judgments that were based in whole or in part for the failure of the tenant to pay rents, fees and/or costs as defined in this agreement.
18. Waiver of rights to public Civil Litigation in state or Federal Courts: The parties agree that except for the issues raised in paragraph 17 above, all disputes arising under this agreement or from the tenant storage operator relationship that this agreement sets into place, will be resolved by binding mediation or private litigation. Prior to a formal filing of complaint the parties agree to meet in a timely manner at the offices of Cancun storage for dispute resolution. If the parties are unable to resolve their differences at this meeting the pros and cons of private litigation vs. binding mediation will be discussed. Ultimately Cancun storage will select, at its option, the most cost effective and efficient means of settlement of any and all disputes. Time is of the essence. The failure to respond or pursue a complaint in a timely manner shall be cause to find against the untimely party.
19. Miscellaneous: In the event that any provision of this agreement is deemed invalid, the remainder of the agreement shall be held in full force and effect. Invalid provisions shall be interpreted as much as possible in keeping with their original intent while deferring to the judgment of the law, courts or controlling authority. Failure of any party to enforce any provision of this agreement is not a waiver of that provision or of a future right to enforce.
Tenant acknowledges that he/she has read and understands this agreement and has been provided a copy. Tenant may revoke this agreement in writing within 24 hours of signing this agreement provided they have not used the service or rental space. Merchandise sales and administrative fees are not refundable.