Legal liability is a legal duty to pay for loss, damage or injury you cause, for example through negligence or by breaking a contract. A contract can limit some liability, but not all of it. In self storage it runs both ways.
Our liability to you
Clause 30 says your goods are stored "at Your sole risk and responsibility". For loss or damage from our negligence or breach of contract, clause 30(b) limits our liability to "the sum of £100 in total". The same clause adds: "We do not exclude or limit liability for physical injury to or the death of any person which is a direct result of negligence or wilful default on the part of Us, Our agents and/or employees".
Our Contents Protection page describes the £100 limit as applying "If you do not opt for our Contents Protection Cover"; clause 30 contains no such condition. Ask on 0800 2545585 which applies to you.
The £100 is not the £50 excess our guide gives for our contents policy (the Summary of Insurance you receive governs). Insurance pays for the value of your things: clause 31 begins "Subject to Clause 48 if applicable, We do not insure the Goods" (clause 48 is our cover).
Storing as a private individual? The Consumer Rights Act 2015 says a term restricting a trader's liability for reasonable care and skill is not binding on you, to the extent it restricts that liability, if it "would prevent the consumer in an appropriate case from recovering the price paid" (section 57(3)). Clause 30(b) also caps "any claim for return of the Storage Fees". Otherwise the Act's unfair terms rules may apply: see unfair contract terms.
Storing for a business? Those consumer rules don't apply. Clause 30(a) excludes "loss or damage to Your business, if any, including consequential loss, lost profits or business interruption". Under the Unfair Contract Terms Act 1977 (sections 2(2) and 3), a limit on liability for negligence or breach of contract, such as clause 30(b), stands only if it "satisfies the requirement of reasonableness".
Your liability to us and others
Clause 32 makes it "Your responsibility to compensate Us for the full amount of all claims, liabilities, demands, damages, costs and expenses" incurred "by Us or third parties" resulting from your use of the unit, including "the Goods themselves", or from your breach of the agreement. The Contents Protection page gives an example: a freezer not properly defrosted, leaking into the next unit.
Contents Protection insures your own goods in the unit. Our pages don't say it covers you if your belongings damage someone else's goods or injure someone, and under our terms that liability is yours (clause 32). Our charities guide says our contents cover "protects the goods in the unit" and that public liability "is nothing to do with the storage cover". Check whether your home, business or public liability insurance covers it, and if you want to know exactly what our policy includes, ring us on 0800 2545585; the Summary of Insurance isn't published online.
If a neighbour's goods damaged yours, you claim on your own cover (how to claim).
Related terms: Exclusions · Unfair contract terms · Claim · Contents protection
Related questions: How do I make a claim if something in my unit is damaged? · How do I make a complaint? · Do I need insurance for my unit?
