Terms-and-Conditions
Terms and Conditions Definitions Relocation The transport/relocation of (part of) the household effects of a person or company. Client Person or company that places a request for removal/transport services on the ScanMovers website. Contractor Company or person that offers removal/transport services. Relocation agreement Agreement between the client and the contractor for the execution of a relocation. ScanMovers www.scanmovers.nl is a site of the private limited company ScanMovers BV, registered with the Chamber of Commerce under number 65878892, located at Herengracht 221-2 1016BG in Amsterdam. The services offered and provided under the name ScanMovers only concern ScanMovers BV with the exclusion of its directors, employees and third parties involved. ScanMovers offers an online platform where individuals and companies can place and book a relocation or a relocation job (hereinafter referred to as “relocation”). ScanMovers is an intermediary with a view to establishing a removal agreement between the customer (hereinafter referred to as the “client”) and the removal company/the mover (hereinafter referred to as the “contractor”). When you book a move through ScanMovers, you enter into a (contractually binding) relationship with the contractor selected by you. From that moment on, ScanMovers will act exclusively as an intermediary and is not a party to the removal agreement between the customer and the contractor. These general terms and conditions apply to the services provided by ScanMovers. By accessing, viewing and using this website you acknowledge and agree that you have read, understood and agree to these terms and conditions. Specification It is of great importance that you as a customer and client indicate carefully which items, the quantity and any particulars need to be moved. Incorrect, incomplete and misleading description can lead to problems in the execution of the move. Then the removal van is not big enough or special removal equipment such as hoists, lifts and the like are required. This can lead to additional costs or even to the impossibility of carrying out the move on the agreed conditions.
General
- The user/customer must be at least 18 years old;
- The user/customer must always provide valid and complete contact details and must always have a working email address and
mobile phone number;
- ScanMovers reserves the right to refuse users/customers, without stating reasons;
- If the customer/user is a legal person or company, the person submitting the application warrants that he/she is
authorized to act on behalf of the legal person or company.
- The ScanMovers site works very simply, as follows:
- The user/customer reports the concrete demand for removal services on the site: the size, date, departure and arrival place, details.
- Contractors who are registered with ScanMovers can make an offer on the requested removal service, based on
their own removal conditions;
- By the user/customer's acceptance of the contractor's offer, a binding agreement is concluded between
the user/customer and the contractor;
- Regulated Substances and Goods.
- Requests and offers may not relate to goods for which a transport ban applies;
- Applications relating to dangerous goods, or other goods, including animals, whose transport is regulated by law,
can only be submitted if those goods are correctly packed and the application clearly states the nature and composition
of those dangerous goods. Also, in such a case, the details of the transportation requirements to comply
with laws and regulations will be clearly communicated to the contractor. The responsibility
for complying with legislation and regulations regarding the transport of dangerous or controlled substances/goods rests
with the user/customer and the contractor.
Cancellation
Cancellation conditions are part of the general terms and conditions of the executing removal company.
This is part of the removal agreement that has been concluded between the client and the contractor.
Reviews
The client and the contractor can each post their own assessment of the removal carried out on the ScanMovers site.
This assessment can be positive, neutral or negative and may contain an explanation. The language should always be
civilized and ScanMovers reserves the right to refuse or adjust reviews if the review would be indecent.
Applicable law, disputes
The relationship between ScanMovers and the client and between ScanMovers and the contractor is governed by Dutch law
and any disputes that cannot be resolved amicably will be exclusively submitted to the Court of Amsterdam for settlement.
ScanMovers accepts no liability for the execution of the removal agreement between the customer and the contractor.
ScanMovers makes every effort to bring supply and demand together, but the correct execution of the relocation is the
responsibility of the contractor. The mandatory provisions of the Civil Code on removals (BW 8, Section 4) will apply to the move.
Civil Code
Section 4. Relocation Agreement
Article 1170 Description of relocation agreement
The removal contract within the meaning of this title is the contract for the carriage of goods, whereby the carrier (the remover)
undertakes vis-à-vis the sender (the principal) to transport removal goods, either exclusively in a building or dwelling, or exclusively
partly in a building or house and partly by road, or exclusively by road. Rail transport is not considered to be road transport.
Removal goods within the meaning of this title are items that are located in a covered area and that are intended to furnish, furnish
or furnish that area and have already been used as such, with the exception of items that, according to popular opinion,
do not belong to the usual contents of belong to that space.
If the parties agree that the entirety of the road transport will be governed by the entirety of the legal rules that would govern
it if it concerns matters other than removal goods, this agreement will not be regarded as a removal agreement.
Article 1171 Road transport of removal goods
For the purposes of Article 1175, second paragraph, road transport includes, notwithstanding the provisions elsewhere,
the period during which the vehicle on which the removal items are located is on board another means of transport and not on the road,
but this only with regard to removal goods, which were not unloaded from that vehicle.
Article 1172 Remover's obligations
The mover is obliged to pack or disassemble removal goods that, in view of their nature or the mode of transport, should be
packed or taken apart and unpacked or reassembled at the destination. to make.
Article 1173 Delivery of removal goods at destination
The remover is obliged to deliver the removal goods at their destination, in the condition in which they were made available
to him for packaging or dismantling pursuant to Article 1172, or in the condition in which they were made available to him for transport.
In this section, delivery is understood to mean placing the removal goods at destination at the place possibly designated for that
purpose, and this, in application of Article 1172, after unpacking or assembling them.
Article 1174 Complete Relocation Without Delay Without prejudice to Article 1173, the mover is obliged to complete an commenced
removal without delay.
Article 1175 Remover not liable
In the event of non-compliance with the obligations incumbent on him under Articles 1173 and 1174, the remover is nevertheless not
liable for the resulting damage, insofar as this failure is caused by a circumstance that a diligent remover could not have avoided and
insofar as such a mover has not been able to prevent the consequences thereof.
The remover cannot invoke:
the defectiveness of the vehicle used for the move;
the defectiveness 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 on which the vehicle used for the relocation is located;
the deficiency of support points used for the attachment of hoisting equipment;
any accident occurring to the removal goods due to the actions of third parties, whose actions are not for the account of the client.
The first paragraph of this article also applies with regard to liability of the remover on grounds other than Articles 1173 or 1174.
Article 1176 Limitation of the mover's liability
Without prejudice to Articles 1177 and 1178, the remover who has failed to fulfill his obligations under Articles 1173 and 1174,
is nevertheless not liable for the resulting damage, insofar as this failure to comply is the result of the special risks associated with one
or more of the following conditions:
the packing or disassembly, or the unpacking or assembling of removal goods by the client or with the help of any person or any
means made available by the client for this purpose on its own initiative;
the choice by the client - although the mover presented him with another option - of a method of packaging or execution of the
removal agreement that differs from what is customary for the agreed removal;
the presence among the removal goods of items for which the mover would have taken special measures if he had been aware of
their presence and their nature;
the nature or condition of the removal goods themselves, which are exposed to total or partial loss or damage due to causes
related to this nature or condition themselves.
Article 1177 Presumption of non-compliance
If the remover proves that, in view of the circumstances of the case, the failure to fulfill his obligations under Articles 1173 and 1174
could have been the result of one or more of the special risks referred to in Article 1176, it is presumed , that non-compliance results
therefrom.
Article 1178 Remover failed to fulfill obligations
If the remover failed to fulfill his obligations under Articles 1173 and 1174, the following shall apply with regard to:
living animals;
money, valuable papers, jewellery, made of precious metal or other precious jewels suspect that the remover was not able to avoid
the circumstance that caused
the non-compliance, nor was it able to prevent the consequences thereof and that the non-compliance was not caused by one or
more of the circumstances charged
to the remover in the second paragraph of Article 1175.
The remover cannot invoke the first paragraph under b if the client handed over the items mentioned there separately and stating the
quantity and value before
the start of the removal.
Article 1179 Nullity clause
Any stipulation in which the liability or burden of proof imposed on the remover pursuant to Article 1173 is reduced in any way other than
as provided for in this section shall be null and void.
In the case of removal items that justify a special agreement due to their nature or constitution, the parties are free to reduce the
liability or burden of proof that is imposed on the remover, notwithstanding the first paragraph, but only if this stipulation is expressly
statedand otherwise than by reference to stipulations appearing in another document has been entered into with regard to an
agreement entered into in particular with regard to the intended relocation and laid down in a separate document.
Article 1180 Payment of a reasonable amount
Insofar as the remover is liable for failure to fulfill his obligations under Articles 1173 and 1174, the client has no other right than
to demand payment of a reasonable amount for the repair of damaged removal items, or payment of an amount, which is calculated
taking into account the value whichremoval items such as those to which the removal agreement relates, such as, at the time and at
the place where they were delivered or they should have been delivered.
Article 1181 Depreciation of removal items
If in respect of a removal item compensation is owed pursuant to Article 1195, this will be regarded as a reduction in value of
that removal item.
Article 1182 Limitation of the mover's liability
Insofar as the remover is liable for failure to fulfill his obligations under Articles 1173 and 1174, he is not liable in excess
of amounts to be determined by or pursuant to an order in council. By or pursuant to this measure, it can be determined
what amount of the damage suffered remains at the risk of the client.
Article 1183 Declare the value of the removal items
Provided the mover agrees and against payment of an amount to be agreed, the client may indicate in writing
a value of the removal goods that exceeds the maximum stated in the Order in Council referred to in Article 1182.
In that case, the amount indicated will replace this maximum.Any stipulation whereby the amount thus stated is set
to be higher than the highest of the amounts referred to in Article 1180 is void.
Article 1184 Amount of special interest
The client may, provided the mover agrees and against payment of an amount to be agreed, in writing the amount
of a special interest in the delivery in the event of loss or damage to the removal goods transported and for the
exceeding of an agreed term of commencement. or to determine the end of the relocation.If a special interest
in the delivery has been indicated, if the mover is liable for failure to fulfill his obligation under Article 1173 or
on the basis of exceeding an agreed term for the start or end of the move, independently of the damages referred
to in Articles 1180 to 1183 inclusive and up to a maximum of once the amount of the stated interest, compensation
will be claimed equal to the proven additional damage.
Article 1185 No appeal to limitation of the mover's liability
The remover cannot rely on any limitation of his liability, insofar as the damage arose from his own act
or omission, whether with the intent tocause the damage,or recklessly and with the knowledge that the
damage would probably result. . Any stipulation that deviates from this article is void. Article 1186 Termination
of the agreement by the client The client is authorized to terminate the agreement if the mover has informed
him that he cannotor will not be able to start the removal atthe agreed place and time. He can only exercise
this power immediately after receipt of this notification.If, in the absence of receipt of a notification, as referred
toin the first paragraph, the client is aware for other reasons that the mover will not or cannot commence
the removal at the agreed place or time, he is, without thatany notice of default is required, authorized to
cancel the agreement, but only within a reasonable term after it has become aware of this; He is equally entitled if
,after receiving a notification as referred to in the first paragraph, it becomes known for some other reason that the mover,
due to circumstances other than those whichled him to make the notification, did not move at the agreed place with the move.
whether time is or may begin. Termination shall be effected by oral or written notice and the agreement shall terminate
upon receipt thereof. If the mover is obliged to compensate the damage suffered by the client as a result of the cancellation,
this compensation will not exceed the agreed removal price, subject to Article 1184. Article 1187 Compensation
for damage by the client The client is obliged to compensate the mover for the damage that it suffers because the
agreed removal goods, for whatever reason, are not available at the agreed place and time.
