Terms and Conditions
Move: transportation/moving an (part of) inventory from a person or company.
Customer: A person or company that does a request for moving/transportation services on the website of ScanMovers.
Contractor (moving company): Person or company offering moving/transportation services.
Moving agreement: Agreement between the customer and the mover for the execution of a move.
ScanMovers: www.scanmovers.nl/en is a site from the company ScanMovers BV, registered at the Dutch Chamber of Commerce under the number 65878892, located at the Herengracht 221-1 1016BG in Amsterdam. The services that are offered under the name "ScanMovers" only concern ScanMovers BV, with exception of her managers, employees and third parties involved.
ScanMovers offers an online platform on which people or companies can place and book a move . ScanMovers is a conciliator when it comes to arranging a moving agreement between the customer and the moving company. If you book a move via ScanMovers, you will start a (contractual binding) relation with the by-you chosen moving company. From that moment on, ScanMovers will exclusively be functioning as a mediator and is no party of the moving agreement between customer and mover.
These terms and conditions are applicable to the service of ScanMovers. By visiting this website, the webpages and by making use of our website, you agree with reading our terms and conditions, and with understanding and accepting them.
It is of great importance that the customer carefully communicates to the mover, which things, how much things and if any special things need to be moved. Wrong, uncompleted and midleading decriptions can lead to problems during the execution of the move. It could be the case that your moving van is too small, or that there is special need for moving lifts and/or cranes. These possible situations could lead to extra costs and could even lead to the inability to carry out the move on the agreed conditions.
1. The user / customer must be at least 18 years old;
2. The user / customer must always provide valid and complete contact details and must always have a properly functioning email address and mobile phone number;
3. ScanMovers reserves the right to refuse users / customers without giving reasons;
4. If the customer / user is a legal entity or company, the person submitting the application guarantees that he / she is authorized to act on behalf of the legal person or company.
The ScanMovers website works very easy, as followed:
1.The user / customer reports their specific demand for removal services on the site: the size of the move, the date, departure and arrival location and details.
2. Contractors who are registered with ScanMovers can bid on the requested moving service, based on their own moving conditions;
3. By accepting the contractor's offer, a binding agreement is established between the user / customer and the contractor;
Regulated substances and goods.
1. Applications and quotations will not relate to goods that are subject to a transport ban;
2. Applications that relate to hazardous substances, or other goods; including animals, of which the transport is regulated by law, can only be submitted if the goods are properly packaged and the application clearly indicates the nature and composition of these dangerous goods. In such a case, the details of the transport requirements to comply with laws and regulations will also be clearly communicated with the contractor. The responsibility to comply with legislation and regulations with regard to the transport of hazardous or controlled substances / goods lies with the user / customer and the contractor.
Cancellation conditions are part of the general conditions of the executive removal company. This is part of the removal agreement that has been established between the client and the contractor.
The client and the contractor can each place their own review of the move carried out through the ScanMovers site. This review can be positive, neutral or negative and may contain an explanation. The language used for the reviews must always be civilized and ScanMovers reserves the right to refuse reviews or to adjust them when they are inappropriate.
Applicable law, disputes
The relationship between ScanMovers and the customer and the relationship between ScanMovers and the contractor, is governed by Dutch law and any disputes that cannot be resolved amicably will be submitted exclusively to the District Court in Amsterdam for settlement.
ScanMovers accepts no liability for the execution of the transfer agreement between the customer and the contractor. ScanMovers endeavors to bring supply and demand together, but the correct execution of the relocation is the responsibility of the contractor/mover. The mandatory provisions of the Civil Code on removals (BW 8, Section 4) will apply to the move.
Section 4. Removal agreement
Article 1170 Description of the removal agreement:
1. The moving contract within the meaning of this title, is the contract for the transport of goods, whereby the carrier (the mover) undertakes to transport the removal goods for the sender (the principal), either exclusively in a building or house, or only partly in a building or dwelling and partly by road, or exclusively by road. Rail transport is not considered as transport by road.
2. Relocation goods within the meaning of this title, are goods that are in a covered area and that are intended for the upholstery or furnishing of that space and have already been used as such, with the exception of those which according to the concept of traffic do not belong to the usual content of that space belong.
3. If the parties agree that the whole of the road transport will be governed by all the legal measures that would govern it, however, it concernes other goods than relocation goods, this agreement will not be considered a moving agreement.
Article 1171 Transport of removal goods by road:
Transport by road for removal goods comprises for the application of Article 1175, second paragraph, in derogation from the provisions elsewhere, includes the period during which the vehicle, of which on board the removal goods are located, is on board of another means of transport and not on the road, but this is only with regard to removal goods, which were not unloaded from that vehicle.
Article 1172 Obligations of the mover:
The mover is obliged to move goods which, regard to their nature or the way of transport, must be packed or disassembled, and unpacked and/or assembled at destination.
Article 1173 Delivering relocation goods to the destination
1.The mover is obliged to deliver the removal goods at their destination in the state in which they are provided to them - under Article 1172 for packaging or dismantling - or in the state in which they were made available for transport.
2. Delivery in this section means the placing of the removal goods at destination in the place indicated for this purpose and, when applying article 1172, after unpacking or assembling them.
Article 1174 Complete relocation without delay
Without prejudice to Article 1173, the mover is obliged to complete a commenced removal without delay.
Article 1175 Mover is not liable
1. In the event of non-compliance with the obligations imposed on him by virtue of articles 1173 and 1174, the mover shall nevertheless not be liable for the resulting damage, in so far as this non-fulfillment is caused by a circumstance which a diligent mover has not been able to avoid and to the extent that such a mover was unable to prevent the consequences.
2. The mover cannot rely on the following to relieve himself of his liability under Articles 1173 or 1174:
- defect of the vehicle used for the removal;
- defect of the material that he uses, unless this has been made available to him by the client; 'material' does not include a ship, aircraft or railway vehicle which the vehicle used for the removal is located;
- the inadequacy of support points used for the attachment of hoisting equipment;
- by the actions of third parties, whose actions are not for the account of the client, resulting in an accident that occurs to the removal goods.
3. The first paragraph of this article also applies in respect of liability of the mover for other reasons than of articles 1173 or 1174.
Article 1176 Limitation of the liability of the remover
Without prejudice to Articles 1177 and 1178, the mover who did not comply with his obligations under Articles 1173 and 1174, shall nevertheless not be liable for the resulting damage, in so far as this non-compliance is the result of the particular risks associated with one or more of the following conditions:
1. Packing, disassembling, unpacking or assembling moving goods by the client or with the aid of any person or any means made available by the client for that purpose;
2. The choice by the client - although the mover gave this person another possibility - of a manner of packaging or execution of the moving agreement, which differs from what is customary for the agreed removal;
3. The presence under the removal goods of goods for which the mover, if he had been aware of their presence and their nature, would have taken special measures;
4. The nature or condition of the removal goods themselves, which have been exposed to total/ partial loss, or damage due to self-related causes.
Article 1177 Presumption of non-compliance
If the removal company proves that, in view of the circumstances of the case, failure to comply with the obligations imposed on it by virtue of Articles 1173 and 1174, may have resulted from one or more of the special risks referred to in Article 1176, that non-compliance ensues from this.
Article 1178 Mover did not fulfill obligations
1. If the mover did not comply with the obligations imposed on him by virtue of Articles 1173 and 1174, in respect of:
- Living animals;
- Money, valuable papers, jewels, precious metal-made or other precious small items suspect that the mover has been unable to avoid the circumstance which caused the non-fulfillment, nor prevented the consequences thereof and that non-compliance has not been caused by one or more of the circumstances referred to in the second paragraph of Article 1175 on behalf of the removal company.
2. The mover can not invoke the first paragraph under b, if the client gave him the items mentioned therein separately and states quantity and value before the start of the removal.
Article 1179 Invalidity clause
1. Any stipulation is void, whereby the liability or burden of proof imposed on the mover under Article 1173 is reduced in a manner different from that provided for in this section.
2. In the case of the removal goods, which by virtue of their nature or condition justify a special agreement, the parties shall, by way of derogation from the first paragraph, freely reduce the liability or burden of proof on the mover, but only if this stipulation is expressly and otherwise than by a reference to clauses in another document have been entered into at an agreement entered into in particular with regard to the intended removal and laid down in a separate document.
Article 1180 Payment of a reasonable amount
For so far as the mover is liable for non-compliance with the obligations imposed on him by virtue of articles 1173 and 1174, the client has no other right than to claim payment of a reasonable amount for repair of damaged removal goods, or payment of an amount, which is calculated taking into account the value that relocation goods, such as those to which the moving agreement relates, such as, at the time at and on the spot where, were delivered or should have been delivered.
Article 1181 Impairment of relocation
If, in respect of a removal item, a compensation is due under article 1195, this is considered as a depreciation of that removal item.
Article 1182 Limitation of the liability of the mover
In so far as the mover is liable for non-compliance with the obligations imposed on him by virtue of articles 1173 and 1174, he shall not be liable to any amounts determined by or pursuant to a general administrative order. By or pursuant to this measure, it can be determined what amount of the damage is suffered at the risk of the client.
Article 1183 Specify the value of the removal goods
1. The client may, if the mover agrees and agree to pay an agreed amount, indicate in writing a value of the removal goods, which exceeds the maximum stated in the general administrative order referred to in article 1182. In that case, the indicated amount will take the place of this maximum.
2. A null and void term is any stipulation in which the amount thus stated is set higher than the highest of the amounts referred to in article 1180.
Article 1184 Amount of a special interest
1. The customer can, if the mover agrees and against apayment of an agreed amount, in writing the amount of a special interest at delivery for the event of loss or damage of transported removal items and for exceeding an agreed period of commencement or to determine the end of the move.
2. If a special interest is indicated at the time of delivery, it could, if the removal company is liable for non-fulfillment of the obligation imposed on it by virtue of Article 1173 or on the grounds of exceeding an agreed period of commencement or termination of the removal, if independent of the indemnities referred to in Articles 1180 up to and including 1183 and up to at most once the amount of the stated interest, a compensation be claimed equal to the proven additional damage.
Article 1185 No appeal to limitation liability remover
1. The mover can not invoke any limitation of his liability, insofar as the damage arose from his own act or omission, either with the intent to cause such damage or recklessly and with the knowledge that such damage would probably result from it.
2. Any stipulation that deviates from this article is null and void.
Article 1186 Cancellation of contract by customer
1. The customer is entitled to terminate the contract if the removal company has informed him/her that he/she can not or will not start the removal at the agreed place and time.
2. The customer can only exercise this power immediately upon receipt of this notice.
3. If, in the absence of the receipt of a notification as referred to in the first paragraph, it is known to the client on other grounds, that the removal company will not start or make the move at the agreed place or time, without that any notice of default is required to terminate the agreement, but only within a reasonable period after it has become known; equal jurisdiction is granted to him if, after receiving a notice as referred to in the first paragraph, it becomes known to him on other grounds that the removal company did not make the move at the agreed location on the basis of circumstances other than those which brought it to his notice.
4. The cancellation is made effecitive by an oral or written notification and the agreement ends at the time of receipt thereof.
5. If the remover is obliged to compensate the damage which the client suffers as a result of the cancellation, this compensation, subject to Article 1184, shall not exceed the agreed removal price.
Article 1187 Compensation of damage by the client
The client is obliged to compensate the remover for the damage it suffers because the agreed removal goods, for whatever reason, are not at the agreed place and time at its disposal.