Statute
REGULATIONS FOR THE RENTAL OF SAFE DEPOSIT BOXES
SKARBIEC POMORSKI LIMITED LIABILITY COMPANY
WITH ITS REGISTERED OFFICE IN GDAŃSK
§1 Definitions
Whenever the following terms are used in these Regulations, written with a capital letter, they have the following meanings:
- Skarbiec Pomorski – Skarbiec Pomorski Spółka z ograniczoną odpowiedzialnością with its registered office in Gdańsk (80-755), ul. Szafarnia 11/F8, NIP: 5833477303, REGON: 525285335, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Gdańsk-North in Gdańsk, 7th Commercial Division of the National Court Register under the number 0001035294, which is the owner of the Vault and leases Safe Deposit Boxes, as well as a person authorized by Skarbiec Pomorski to perform all activities related to the conclusion of the Agreement;
- Tenant – an adult natural person, legal entity, or organizational unit without legal personality, which has legal capacity under the law, as well as a foreign contractor, who enters into a paid rental agreement for a Safe Deposit Box with Skarbiec Pomorski;
- Agreement – an agreement concluded between Skarbiec Pomorski and the Tenant under the conditions described therein;
- Vault – a certified, properly secured room with an anti-burglary certificate, where the Safe Deposit Boxes are located, protected by the SafeControl system, and additionally secured by one of the seven authorization method combinations selected by the Tenant, allowing access to the Safe Deposit Box;
- Deposit – wvaluable items entrusted for safekeeping by the Tenant under the conditions specified in the Agreement, which remain the property of the Tenant;
- Safe Deposit Box – a specially designated and secured drawer located in the Vault, available for rental at a specified fee for the purpose of storing the Deposit, to which only the Tenant and an authorized representative of the Tenant have access; Safe Deposit Boxes come in various size options depending on the individual needs of the Tenant;
- Private Room – a monitored and designated room in the Vault where the Tenant can open their rented Safe Deposit Box without the presence of third parties;
- Price List – the catalog of applicable prices used by Skarbiec Pomorski at the time of concluding the Agreement, available on the website www.skarbiecpomorski.pl and provided to the Tenant before entering into the Agreement;
- Privacy Policy – a document available on the website www.skarbiecpomorski.pl, which specifies in detail what personal data of users visiting the website are collected and processed by Skarbiec Pomorski, as well as how and for what period the data is processed, and for what purpose and on what basis it is used;
- Safe Deposit Box Reservation – the option to book a Safe Deposit Box through the Skarbiec Pomorski website;
- Remuneration – the fee, including additional charges, paid by the Tenant to Skarbiec Pomorski for the Safe Deposit Box in accordance with the Price List;
- Insurance – guaranteed and basic protection for the Safe Deposit Box rented by the Tenant, provided by Skarbiec Pomorski up to the amount of PLN 50,000.00, included in the rental price
§2 Subject and Scope of the Regulations
- These Regulations define the rules for reserving and renting a Safe Deposit Box located in the Vault at Władysława IV 46, unit U3 in Gdynia, owned by Skarbiec Pomorski.
- Skarbiec Pomorski offers the possibility of renting a Safe Deposit Box for a fee, allowing the Tenant to store their Deposit under the terms specified in the Agreement and these Regulations, in exchange for remuneration and additional fees as stipulated in the Price List.
§3 Conclusion and Duration of the Agreement
- Before entering into the Agreement, the Tenant is required to familiarize themselves with the content of the Regulations regarding the use of the Safe Deposit Box and to accurately complete and submit the necessary declarations to Skarbiec Pomorski. Failure to submit all required declarations before signing the Agreement will result in the inability to conclude the Agreement. In accordance with the provisions of the Act on Counteracting Money Laundering and Financing of Terrorism and the internal AML Procedure of Skarbiec Pomorski, after analyzing the submitted declarations, Skarbiec Pomorski may refuse to enter into an Agreement with the Tenant.
- The Agreement may only be concluded for a fixed term, explicitly stated in the Agreement.
- The Agreement is concluded through a legible signature placed by a person authorized by Skarbiec Pomorski and the Tenant on the Agreement, in accordance with the provisions of these Regulations.
- The Agreement may only be concluded by one person representing the Tenant. If the Tenant is a legal entity or an organizational unit without legal personality that has legal capacity under the law, more than one person may act on behalf of the Tenant, in accordance with the representation specified in the Register of Entrepreneurs of the National Court Register. Upon signing the Agreement, such a person obtains the status of the Tenant.
- Upon signing the Agreement, for the purpose of verifying the individual with whom the Agreement is concluded, the Tenant must present:
- For natural persons:
- A valid document confirming the identity and citizenship of the natural person, such as an ID card or passport;
- A special power of attorney in the form of a notarial deed, explicitly authorizing the attorney to conclude the Agreement;
- A special power of attorney granted in writing in the presence of an authorized employee of Skarbiec Pomorski;
- An extract from the Central Register and Information on Business Activity (CEIDG), confirming the authorization to conclude the Agreement.
- For legal entities or organizational units without legal personality:
- For natural persons:
- A current extract from the Register of Entrepreneurs of the National Court Register, confirming the authorization to represent the entity;
- In the case of reported but not yet registered changes in the Register of Entrepreneurs of the National Court Register, submission of registration applications and resolutions amending the composition of the body authorized to represent the entity;
- A valid document confirming the identity and citizenship of the natural person who is part of the body authorized to represent the entity;
- A special power of attorney in the form of a notarial deed, explicitly authorizing the attorney to conclude the Agreement.
6. In reference to section 5(b) above, if the application confirming the submission of changes concerning the representative body has not been submitted to the relevant Register of Entrepreneurs of the National Court Register, the Agreement will not be concluded.
7. Before concluding the Agreement, the Tenant is required to:
- Familiarize themselves with and accept the content of the Regulations;
- Familiarize themselves with and accept the Privacy Policy;
- Review the applicable Price List for renting a Safe Deposit Box;
- Complete and sign all declarations constituting annexes to the Agreement.
8. Skarbiec Pomorski is entitled to make copies of all documents submitted and presented by the Tenant as mentioned in section 5 above. Skarbiec Pomorski bears no liability for the use of forged identity documents or registration documents by the Tenant, the Tenant’s representative, or the Tenant’s attorney, nor for the use of identity or registration documents by unauthorized persons.
§ 4 Reservation of the Safe Deposit Box
- Before signing the Agreement, it is possible to make a reservation for a Safe Deposit Box through the website www.skarbiecpomorski.pl, under the “Offer” section.
- During the reservation process, the individual making the reservation must enter their contact details in accordance with the displayed application form. The provided contact details must match the details in the identity document or the extract from the National Court Register that will be presented at the time of signing the Agreement.
- If Skarbiec Pomorski requires additional information related to the Safe Deposit Box reservation, an authorized employee of Skarbiec Pomorski may contact the individual making the reservation to clarify matters related to the reservation.
- When reserving a Safe Deposit Box, the reserving individual is required to select the size of the Safe Deposit Box from the available options and to pay the reservation fee in accordance with the Price List.
- After making the reservation, the Agreement must be concluded no later than within five (5) business days. If the Agreement is not signed within this period due to the sole fault of the individual who made the reservation, the reservation fee for the Safe Deposit Box is non-refundable.
- In the event of cancellation of the Safe Deposit Box reservation, the reservation fee is non-refundable.
§ 5 Extension of the Agreement
- The Agreement may be extended by mutual consent of both Parties for an additional fixed term.
- The extension of the Agreement does not require the signing of a new Agreement. The Tenant may express their intent to extend the Agreement in the following ways:
- By sending an email to Skarbiec Pomorski’s official email address;
- By signing an annex to the Agreement in writing, under penalty of invalidity.
- In addition to the conditions specified in section 2 above, the extension of the Agreement requires the approval of Skarbiec Pomorski. The Tenant must also pay the Remuneration for the entire extension period in accordance with the current Price List applicable on the date of the extension. The date of the Agreement extension is considered to be the date of signing the annex to the Agreement or the date on which Skarbiec Pomorski confirms the email request from the Tenant and expresses its consent to the extension.
- If the Agreement is extended via email as described in section 2(a) above, both Parties agree to sign an annex to the Agreement within five (5) business days from the date of Skarbiec Pomorski’s acceptance of the Tenant’s email request. The annex may also be signed using a trusted or qualified electronic signature.
- Skarbiec Pomorski will express its consent to the extension of the Agreement within three (3) business days from the receipt of the Tenant’s email request, as mentioned in section 2(a) above. If this period elapses without a response, it shall be considered that Skarbiec Pomorski has not granted approval for the extension.
- The Tenant may submit a request to Skarbiec Pomorski to extend the Agreement even before its expiration. In such a case, the extension procedure outlined in sections 2-4 above will apply accordingly.
- During the period between the expiration of the Agreement and the signing of an annex extending its validity, Skarbiec Pomorski will not charge additional fees to the Tenant. However, if the Tenant fails to meet the deadline specified in section 4 above due to reasons attributable to the Tenant, Skarbiec Pomorski may impose additional charges.
- If Skarbiec Pomorski does not grant approval for the extension of the Agreement, the Tenant will have three (3) business days to retrieve the Deposit. In such a case, § 13 of these Regulations shall apply.
§ 6 Authorization of a Third Party to Access the Safe Deposit Box
- The Tenant may not transfer the rights arising from the signed Agreement to a third party, nor may they sublease the Safe Deposit Box or allow its free use by another person.
- A Tenant who is a natural person may grant power of attorney to another adult natural person to access and use the Safe Deposit Box. The power of attorney must be granted in the form of a notarial deed or with notarized signatures and must explicitly state authorization for the use of the Safe Deposit Box. The Tenant may also grant a power of attorney in written form, under penalty of invalidity, provided it is signed in the presence of a person authorized by Skarbiec Pomorski to conclude Agreements with Tenants.
- A Tenant who is a legal entity may grant power of attorney to another adult natural person (who is not part of the Tenant’s management or representation body) to access and use the Safe Deposit Box. The power of attorney must be granted in the form of a notarial deed or with notarized signatures, explicitly stating authorization for the use of the Safe Deposit Box. The Tenant may also grant power of attorney in written form, under penalty of invalidity, provided it is signed in the presence of a person authorized by Skarbiec Pomorski to conclude Agreements with Tenants.
- The Tenant may appoint only one attorney-in-fact (authorized person).
- In addition to the required form of authorization, the appointed attorney-in-fact must undergo identity verification and fulfill all obligations outlined in the Agreement and the Regulations. This includes submitting required declarations and consents, similar to those required from the Tenant.
- In cases specified in sections 2 and 3 above, all provisions applicable to the Tenant shall apply accordingly to the attorney-in-fact. In particular, the attorney-in-fact must undergo identity verification to be granted access to the chosen authorization method for the rented Safe Deposit Box. The attorney-in-fact is bound by the terms of the Agreement and Regulations and must sign all necessary declarations and consents required of the Tenant.
- Skarbiec Pomorski is authorized to make photocopies of the original notarial power of attorney for attachment to the Agreement. In the case of written power of attorney, as described in section 2 (second sentence), the original power of attorney will remain in the possession of Skarbiec Pomorski.
- The appointed attorney-in-fact may not grant further powers of attorney to another person.
- The appointment of an attorney-in-fact after the conclusion of the Agreement does not constitute a modification of the Agreement.
- The Tenant is obligated to immediately inform the attorney-in-fact of the revocation of their power of attorney. If the Tenant fails to notify Skarbiec Pomorski of the revocation, Skarbiec Pomorski is not responsible for any actions taken by the attorney-in-fact while the revocation was in effect but not yet reported. The Tenant may notify Skarbiec Pomorski of the revocation via email, but this does not relieve them of the obligation to submit the revocation in written form, under penalty of invalidity. The revocation of power of attorney does not constitute a modification of the Agreement.
- The Tenant is required to cover the costs associated with granting access to the Safe Deposit Box to an attorney-in-fact, in accordance with the Price List.
- The termination, expiration, or cancellation of the Agreement automatically results in the termination of the power of attorney.
§ 7 Rules for Using the Safe Deposit Box
- The Tenant may freely use the Safe Deposit Box throughout the duration of the Agreement.
- Skarbiec Pomorski ensures unrestricted access for the Tenant to the Safe Deposit Box 24 hours a day, 7 days a week, except for scheduled maintenance work in the Vault (anticipated twice per year) and other exceptions specified in the Agreement and Regulations. Skarbiec Pomorski will notify the Tenant in advance of any scheduled maintenance.
- The authorized attorney-in-fact designated by the Tenant has access to the Safe Deposit Box under the same terms and conditions as the Tenant.
- Skarbiec Pomorski provides the Tenant with access to the Safe Deposit Box, issuing all keys, access cards, and enabling entry to the Vault in accordance with the chosen authentication methods selected by the Tenant.
- The Tenant and their attorney-in-fact are not allowed to bring large or unusual luggage into the Vault, except for commonly used items such as briefcases, document cases, or handbags. If the Tenant or their attorney-in-fact possesses large or non-standard luggage, Skarbiec Pomorski may refuse to enter into the Agreement or deny entry to the Vault.
- Skarbiec Pomorski reserves the right to restrict access to the Safe Deposit Box if the Tenant fails to pay the rental fee or any other charges specified in the Regulations or Agreement, as well as in cases governed by the Anti-Money Laundering and Terrorist Financing Act.
- In addition to the authentication methods chosen by the Tenant for securing the rented Safe Deposit Box, the Tenant will receive two mandatory access cards from Skarbiec Pomorski:
- One card for entry into the premises where the Vault is located.
- A second card for logging in and accessing the Safe Deposit Box.
A one-time deposit fee for the issued access cards is charged in accordance with the Price List. This fee is non-refundable in the event of loss, damage, or destruction of the access cards. However, if the Tenant returns the access cards, the deposit fee will be refunded.
- In addition to the access cards mentioned in section 7 above, the Tenant will receive keys to the Safe Deposit Box. Each Safe Deposit Box has a unique individual lock, and each Tenant is provided with a set of two keys specifically for their rented box. The Tenant must also set an individual PIN code for logging in and accessing both the Safe Deposit Box and the Private Room within the Vault.
- The access cards remain the property of Skarbiec Pomorski, while the personal data of the Tenant or their attorney-in-fact stored on the access cards will be deleted once the Tenant or their attorney-in-fact permanently ceases using them.
- The Safe Deposit Box can only be accessed after successful identity verification of the Tenant or their attorney-in-fact.
- The Safe Deposit Box is retrieved automatically by the system upon authentication. The Safe Deposit Box itself cannot be physically removed from the Vault.
- Employees of Skarbiec Pomorski do not have access to the Tenant’s Safe Deposit Box. Only the Tenant or their authorized attorney-in-fact can access the contents of the Safe Deposit Box.
§ 8 Deposit
- The Tenant is the owner of the Deposit. Skarbiec Pomorski does not verify whether the Tenant is the actual owner of the Deposit or what specific items are stored in the Deposit.
- The Deposit must not include the following items:
- Live or dead animals;
- Explosive, radioactive, flammable, corrosive, toxic, poisonous, self-reactive, combustible, self-igniting, oxidizing, infectious, fissile, carcinogenic, or any other materials hazardous to life and health;
- Narcotics, intoxicating substances, psychotropic drugs, or any other controlled substances;
- Items obtained through criminal activity or used for committing a crime, as well as items whose possession
- Weapons, ammunition, or weapon accessories;
- Items emitting odor, sound, or subject to spoilage;
- Items weighing more than 25 kg;
- National currency notes that are legally in circulation within the country;
- Food products.
- The Deposit will be returned to the Tenant upon the expiration of the Agreement after full payment of all outstanding Remuneration.
- The Tenant may retrieve the Deposit before the expiration of the Agreement, provided that full payment of all outstanding Remuneration has been made.
- Skarbiec Pomorski is not responsible for any changes to the contents of the Safe Deposit Box caused by the actions of the Tenant or their authorized representatives.
- If the Tenant fails to retrieve the Deposit upon the expiration of the Agreement or before its expiration within the time specified by Skarbiec Pomorski, Skarbiec Pomorski is authorized to charge additional fees for each day of delay in accordance with the Price List. In such cases, the Deposit will only be released after full payment of the outstanding Remuneration.
- Skarbiec Pomorski bears no liability if the Tenant, in violation of the Agreement and Regulations, stores prohibited items as specified in section 2 above.
- Skarbiec Pomorski is not liable for any loss of the Safe Deposit Box’s contents resulting from the Tenant’s failure to follow security procedures related to the Safe Deposit Box.
- Skarbiec Pomorski is not liable for any loss of the Safe Deposit Box’s contents due to unforeseeable events that could not have been anticipated even with the exercise of due diligence.
§ 9 Loss of Keys, Cards, and Other Security Devices
- The Tenant or their authorized representative is required to:
- Store the issued access cards and keys securely to prevent loss, destruction, damage, or theft.
- Not share the issued access cards or keys with anyone other than the Tenant or their authorized representative.
- Immediately notify Skarbiec Pomorski in the event of the loss or misappropriation of access cards and/or keys.
- In the event of loss, damage, destruction, or misplacement of a card or key, as specified in section 1 above:
- Skarbiec Pomorski will charge the Tenant a fee in accordance with the Price List.
- The Deposit will not be released until the Tenant pays the required fee to Skarbiec Pomorski.
- In addition to the replacement fee, additional daily charges may apply for the delay in retrieving the Deposit, as specified in the Price List.
- The fee for the loss, damage, destruction, or misplacement of a card or key must be paid within three (3) days from the date the Tenant reports the incident to Skarbiec Pomorski.
- If the Tenant fails to pay the required fee, Skarbiec Pomorski reserves the right to initiate legal proceedings to recover the outstanding balance.
§ 10 Rules Governing the Vault
- The following are strictly prohibited within the premises of the Vault:
- Bringing in large bags, luggage, or suitcases;
- Carrying devices capable of recording audio or video, as well as any signal-jamming, interception, or recording devices that could interfere with the security systems installed in the Vault;
- Entering the Vault with more than one person, other than the individual authorized to open the Safe Deposit Box
- Bringing weapons, ammunition, explosives, flammable substances, or any similar hazardous materials;
- Entering the Vault while under the influence of alcohol, drugs, or any other substances that could impair behavior or disrupt the use of the Vault by other Tenants.
- Skarbiec Pomorski reserves the right to remove any person from the Vault who violates the prohibitions listed in section 1 above. Additionally, Skarbiec Pomorski may immediately terminate the Agreement with such a Tenant without a refund of any fees paid. The Tenant is also fully responsible for the conduct of any third parties they bring into the Vault.
- The Tenant or their authorized representative must comply with all security procedures outlined by Skarbiec Pomorski during each visit to the Vault.
- The restrictions on recording devices mentioned in section 1(b) do not apply to the Tenant or their authorized representative when recording the contents of their Safe Deposit Box for documentation purposes, such as taking a photocopy of the Deposit contents.
- Skarbiec Pomorski provides a Private Room, where restrictions on the use of electronic recording devices do not apply. The Private Room is not monitored as part of the Vault’s surveillance system. However, a fee applies for using the Private Room, as specified in the Price List.
- The Private Room contains a security camera positioned at knee level, which does not record the contents of the Safe Deposit Box or the face of the Tenant. This camera serves only for safety purposes, such as detecting health emergencies (e.g., fainting, loss of consciousness).
- Skarbiec Pomorski only reviews footage from this camera if a Tenant remains in the Private Room for an extended period to check whether a medical emergency has occurred.
- Before leaving the Private Room, the Tenant or their authorized representative must ensure they have not left behind any personal belongings.
- The date and time of each visit by the Tenant or their authorized representative to the Private Room is recorded.
- Skarbiec Pomorski provides the Tenant with full information regarding access to the Safe Deposit Box, including the security procedures in place at the Vault. However, Skarbiec Pomorski reserves the right to withhold specific details about the Vault’s security mechanisms.
- Skarbiec Pomorski maintains an internal, unmodifiable logging system that records all Tenant logins using access cards. The Tenant has the right to review these system records, which will display the date and sequence of actions performed until the operation is completed. The Vault’s certification ensures that these records cannot be altered.
- The Tenant is required to follow all security procedures enforced in the Vault. By signing the Agreement, the Tenant consents to being recorded by the Vault’s monitoring system.
§ 11 Legal Successors of a Deceased Tenant (Natural Person)
- In the event of the Tenant’s death, any power of attorney granted by the Tenant immediately expires. Skarbiec Pomorski is not liable for the authorized representative’s use of the Safe Deposit Box after the Tenant’s death, if Skarbiec Pomorski has not been informed of the Tenant’s passing. Upon receiving notification of the Tenant’s death, Skarbiec Pomorski will deny access to the Safe Deposit Box for the authorized representative.
- In the event of the Tenant’s death, Skarbiec Pomorski will disclose information about the Agreement:
a) Upon a court request, in connection with inheritance proceedings concerning the determination or division of the estate;
b) Upon request from an heir, provided that they submit the original inheritance certificate (issued in the form of a notarial deed) or the original will designating them as the legal heir. - Upon the Tenant’s death, Skarbiec Pomorski will grant the Tenant’s heirs access to the Safe Deposit Box upon presentation of the original or a notarized copy of:
a) The Tenant’s death certificate;
b) A final court decision confirming inheritance rights (with a clause of finality) or an inheritance division ruling (with a clause of finality) that includes the contents of the Safe Deposit Box;
c) A notarial certificate of inheritance;
d) A contract of inheritance division, including the contents of the Safe Deposit Box;
e) The Tenant’s will. - Skarbiec Pomorski is not responsible for any internal financial settlements between the Tenant’s heirs regarding the contents of the Safe Deposit Box. Based on the original documents listed above, Skarbiec Pomorski may hand over the contents of the Safe Deposit Box to a single heir of the Tenant.
- All costs related to granting access to the deceased Tenant’s Safe Deposit Box, as well as any outstanding fees owed to Skarbiec Pomorski, shall be borne jointly and severally by the Tenant’s heirs.
- If the deceased Tenant did not appoint an authorized representative, and Skarbiec Pomorski has no information about pending inheritance proceedings, Skarbiec Pomorski reserves the right to open the Safe Deposit Box and deposit its contents in court at the expense of the Tenant’s heirs one (1) month after the Agreement’s expiration.
- Skarbiec Pomorski is not liable to the Tenant’s heirs for any changes to the contents, damage, or theft of the Deposit by the authorized representative. However, this excludes situations where Skarbiec Pomorski, after receiving an original or notarized copy of the Tenant’s death certificate, still allowed the authorized representative to access the Safe Deposit Box.
- Skarbiec Pomorski does not provide information about the contents of the Safe Deposit Box, as it does not have knowledge of what is stored inside. If details about the Safe Deposit Box contents are required, Skarbiec Pomorski may open the Safe Deposit Box only upon a court order or directive from another authorized body, following the procedure outlined in § 13 of these Regulations.
- The costs associated with opening the Safe Deposit Box and changing the lock, in cases where the access cards and keys issued to the deceased Tenant are not returned, shall be borne by the Tenant’s heir(s).
§ 12 Tenant as a Legal Entity or an Organizational Unit Without Legal Personality
- If the Tenant is a legal entity or an organizational unit without legal personality but granted legal capacity under applicable law, Skarbiec Pomorski will provide information only upon request from:
a) A court conducting proceedings against the Tenant or its representatives;
b) A bankruptcy trustee, restructuring advisor, or liquidator;
c) Enforcement authorities seeking to locate the Tenant’s assets. - Skarbiec Pomorski does not provide information regarding the contents of the Safe Deposit Box, as it does not possess knowledge of what is stored inside. If such information is required, Skarbiec Pomorski may open the Safe Deposit Box only upon a court order or directive from another authorized body, following the procedure outlined in § 13 of these Regulations.
- All costs associated with the procedure for granting access to the Safe Deposit Box, as well as any outstanding fees owed to Skarbiec Pomorski, shall be borne by the Tenant, liquidator, or persons authorized to represent the Tenant.
- If the Tenant declares liquidation, bankruptcy, or restructuring and notifies Skarbiec Pomorski of this, any power of attorney granted for accessing the Safe Deposit Box automatically expires.
- Skarbiec Pomorski is not liable to the bankruptcy trustee, restructuring advisor, enforcement officer, liquidator, courts, or law enforcement agencies for any changes in the contents, damage, or theft of the Deposit by the Tenant’s authorized representative. However, this does not apply in cases where, after being notified of the Tenant’s bankruptcy, liquidation, or restructuring, Skarbiec Pomorski continued to allow access to the Safe Deposit Box.
§13 Opening of the Safe Deposit Box
- The Safe Deposit Box may only be opened by the Tenant or a person authorized by the Tenant.
- Skarbiec Pomorski may only open the Safe Deposit Box in specific cases outlined in the Regulations or the Agreement.
- Skarbiec Pomorski may open a Safe Deposit Box under the following circumstances:
a) Upon the Tenant’s death, if their legal successors provide the original documents specified in § 11(3) above.
b) In the event of the Tenant’s liquidation, bankruptcy, or restructuring, upon request by the relevant authority, in accordance with § 12(1) above.
c) If the Tenant loses, damages, destroys, or misplaces their access card or keys.
d) Upon request from law enforcement or enforcement authorities.
e) If the Tenant fails to pay rental fees for the Safe Deposit Box or fails to retrieve the Deposit within the deadline set by Skarbiec Pomorski. - Skarbiec Pomorski will open the Safe Deposit Box only upon a formal request from:
- The Tenant
- The Tenant’s legal successors
- Other authorized individuals or institutions entitled to access the Safe Deposit Box.
Prior to opening, the requesting party must cover all associated costs in accordance with the Price List. If the lock is damaged, an additional fee for lock replacement will be charged, as per the Price List.
- If the Tenant forgets their PIN code or if there is an error in identity verification, the Tenant or their authorized representative may request access to the Vault and the Safe Deposit Box. In such cases, Skarbiec Pomorski will conduct a repeat identity verification of the Tenant and/or their representative.
- The Tenant or their authorized representative must present all verification documents as specified in § 3(4) above.
- Skarbiec Pomorski will prepare a verification report documenting the process of identity verification and whether access to the Safe Deposit Box was granted or denied.
- If the required verification documents are not provided, Skarbiec Pomorski may refuse to open the Safe Deposit Box and may also charge additional fees for each day of delay in retrieving the Deposit.
- In cases outlined in section 3, if Skarbiec Pomorski attempts multiple times to contact the Tenant via email or phone and the Tenant fails to collect their Deposit or empty the Safe Deposit Box on time, Skarbiec Pomorski may proceed with an emergency opening of the Safe Deposit Box.
- A formal report will be prepared, and the emergency opening must be conducted in the presence of at least two witnesses.
- Skarbiec Pomorski is not liable for any loss, damage, or destruction of the Tenant’s items stored in the Safe Deposit Box during the term of the Agreement.
§ 14 Insurance
- Each Safe Deposit Box is automatically insured by Skarbiec Pomorski up to the amount of 50,000.00 PLN (fifty thousand Polish zlotys). The Tenant may insure the Safe Deposit Box for a higher amount either independently or through Skarbiec Pomorski.
- The Tenant has the option to insure the Safe Deposit Box with an external insurance provider for a higher coverage amount. When signing the Agreement, the Tenant must notify Skarbiec Pomorski about the external insurance policy but is not required to present the policy for review. Instead, the Tenant must submit a written statement confirming that the Safe Deposit Box has been insured externally.
- The Tenant may also increase the maximum insured amount for the Safe Deposit Box beyond 50,000.00 PLN. The cost of additional insurance coverage is specified in the Price List.
- Skarbiec Pomorski is liable for loss, damage, or destruction of the Deposit only up to the insured amount of the Safe Deposit Box and only if the damage was caused by the fault of Skarbiec Pomorski. Skarbiec Pomorski is not liable for any loss, damage, or destruction resulting from force majeure.
- In the event of loss, damage, or destruction of the contents of the Safe Deposit Box, the Tenant is responsible for proving the contents of the Safe Deposit Box to the insurance provider and must demonstrate the value of the stored items.
- Force majeure, as referenced in section 4 above, includes any unforeseeable events that cannot be prevented despite modern safety measures. These include, but are not limited to:
- Fire, flood, earthquakes, and other natural disasters
- Terrorist attacks
- Outbreak of war
- Riots and attempts to suppress them
§15 Termination of the Agreement
- The Agreement may be terminated under the following circumstances:
a) Expiration of the agreed rental period.
b) Violation of § 8(2) (prohibited items in the Safe Deposit Box) or § 10(1) (rules of conduct in the Vault).
c) Failure to pay the rental fees.
d) Termination by Skarbiec Pomorski in cases of severe breaches of the Agreement or Regulations by the Tenant. - In cases specified in § 15(1)(b), (c), and (d), Skarbiec Pomorski will notify the Tenant within two (2) days of becoming aware of the violation. This notification will include the reason for termination and an invitation to collect the Deposit, specifying a deadline for retrieval. The notification will be sent via email to the address provided by the Tenant.
- If the Tenant fails to retrieve the Deposit within the specified timeframe, Skarbiec Pomorski reserves the right to charge additional fees for unauthorized use of the Safe Deposit Box, amounting to one month’s rent, in accordance with the Price List in effect on the notification date.
- In cases where the Agreement expires naturally (§ 15(1)(a)), the Tenant must collect their Deposit no later than the last day of the rental period.
- If the Deposit is not collected, Skarbiec Pomorski may charge additional fees for unauthorized use of the Safe Deposit Box, equal to one month’s rent, as per the Price List applicable on the date of notification.
- If the Tenant fails to collect their Deposit within one (1) month from the Agreement’s termination, Skarbiec Pomorski has the right to open the Safe Deposit Box and:
a) Store the Deposit in a collective Safe Deposit Box owned by Skarbiec Pomorski.
b) Deposit the items with the court, subject to obtaining the necessary legal approval.
c) Sell the items at a public auction, under official supervision by a court enforcement officer or notary.
d) If the Deposit has no commercial value or minimal market value, Skarbiec Pomorski may destroy the Deposit after six (6) months from the termination date. A destruction report will be prepared, and the process will be video recorded. - All costs related to the actions described in § 15(4) are borne by the Tenant.
- If the Tenant violated § 8(2) (prohibited items in the Safe Deposit Box), Skarbiec Pomorski will inform the appropriate law enforcement authorities and may hand over the contents of the Safe Deposit Box to the authorities.
- The Tenant must return all access cards and keys to Skarbiec Pomorski no later than the last day of the rental period.
- If the Tenant fails to return the access cards and keys, they must pay an additional fee as per the Price List.
- If the fee is not paid, Skarbiec Pomorski may withhold the Deposit until the Tenant settles the outstanding fees.
- After the Agreement expires, the access cards will be deactivated, and further use will not be possible.
§16 Amendments to the Regulations or Fees in the Price List
- The Regulations, Agreement, and Price List collectively constitute the entire agreement between the parties.
- Skarbiec Pomorski reserves the right to amend the Regulations in the following cases:
a) If changes are required to comply with applicable laws.
b) If changes are needed due to updates in IT or security systems used by Skarbiec Pomorski.
c) If a court ruling necessitates modifications to the Regulations.
d) If corrections are required to fix clerical errors, omissions, or inconsistencies. - If the Regulations are amended, Skarbiec Pomorski will notify the Tenant via email, informing them of the changes. The Tenant will also be notified of their right to reject the updated Regulations and terminate the Agreement.
- Skarbiec Pomorski will inform the Tenant of the effective date of the amended Regulations. The new version of the Regulations will apply from the effective date, unless the Tenant rejects the changes and terminates the Agreement.
- In such a case, termination takes effect at the end of the month in which the Tenant submits their termination request.
- The Tenant will be entitled to a partial refund of rental fees, calculated proportionally based on the remaining rental period.
- Termination must be submitted via email, otherwise it will be deemed invalid.
§17 Exchange of Correspondence Between the Parties
- Subject to applicable law and the provisions of these Regulations, all statements or notifications related to the Regulations or the Agreement must be made in writing and sent via email, under penalty of ineffectiveness.
- If the Tenant does not have an email address, correspondence may also be delivered in person (with confirmation of receipt), via registered mail, or through courier service.
- If a party changes their correspondence address, they must immediately notify the other party.
- If no notification is provided, any correspondence sent to the previously provided address will be considered delivered.
- A change of correspondence address does not constitute an amendment to the Regulations.
§18 Complaints
- The Tenant must report any irregularities in the services provided by Skarbiec Pomorski no later than three (3) days after the occurrence of the issue.
- Complaints regarding services provided by Skarbiec Pomorski may be submitted via:
a) The website at www.skarbiecpomorski.pl using the contact form in the “Contact” section. The Tenant must indicate that it is a complaint and describe the issue.
b) Email, sent to the Skarbiec Pomorski email address specified in the Agreement.
c) Traditional mail, addressed to Skarbiec Pomorski at the address specified in the Agreement. - Skarbiec Pomorski will confirm receipt of the complaint:
- Via email to the Tenant’s email address (as specified in the Agreement).
- If the Tenant does not have an email address, confirmation will be provided by phone and registered mail to the address specified in the Agreement.
- Skarbiec Pomorski commits to reviewing the complaint within fourteen (14) days from the date of submission.
- The response will be sent via email to the Tenant’s registered email address, or if unavailable, via registered mail to the Tenant’s address.
§19 Final Provisions
- Upon signing the Agreement, the Tenant grants a statutory lien on the Deposit, as stipulated in Article 670 § 1 in conjunction with Article 306 § 1 of the Polish Civil Code.
- If the Tenant fails to fulfill financial obligations under the Agreement or Regulations, Skarbiec Pomorski has the right to satisfy its claims from the Deposit in accordance with enforcement proceedings.
- If any provision of these Regulations is deemed invalid or ineffective, this does not affect the validity or effectiveness of the entire document.
- In such cases, the relevant legal provisions will apply. If no such provisions exist, the Parties will negotiate a replacement clause.
- In the event of legal disputes arising from the Agreement between the Tenant and Skarbiec Pomorski, or disputes regarding the Regulations, the court having jurisdiction will be the court in the registered seat of Skarbiec Pomorski.
- In the event of a conflict between the Agreement and the Regulations, the Agreement takes precedence.
- Any matters not regulated in the Agreement or Regulations will be governed by applicable Polish law.
- Before signing the Agreement, the Tenant will be provided with a copy of these Regulations.
- The Tenant is bound by the content of the Regulations from the moment of signing the Agreement.
- These Regulations come into effect on November 20, 2023.Update from 27.03.2024.