Terms and Conditions
THE MOVING GUIDE GENERAL TERMS AND CONDITIONS FOR CONSUMERS AS PER 1 APRIL 2021
The Moving Guide online platform connects consumers and removals companies and guarantees the consumer a positive home moving experience. The Moving Guide offers the consumer the opportunity to progress a home move in a modern digital way and to find a suitable removals company. The consumer goes on to book his move via The Moving Guide.
SECTION 1 - GENERAL PROVISIONS
Article 1: Definitions
The following definitions are used in these General Terms and Conditions for Consumers:
Terms and conditions: This document and any appendices to it;
The Moving Guide: Hooper Road, E16 3QD
Customer: Any private individual who, in Moovyn's view, does not act to deliver a business or professional activity and who enters into the contract with Moovyn for the transport of goods.
Parties: Customer and The Moving Guide jointly;
Removals Company: the removals company engaged by The Moving Guide in a professional capacity to take care of and carry out the removal;
Online Platform: The web application which The Moving Guide makes accessible on the https://moverslondon1.co.uk
Removal: The actions and activities to remove a Customer's Household Contents from one or more loading address to an unloading address, both of which are in the United Kingdom (UK);
Loading Point: The (residential) address where the Removal commences and from which the Customer wishes to remove removal items.
Unloading Point: The (residential) address where the Removal ends and to which the Customer wishes to move removal items.
Removal Contract: the contract to transport property whereby The Moving Guide undertakes with the Customer to (arrange to) transport Removal Items either exclusively in a building or home, or only partially in a building or home and either partly by road or exclusively by road;
Removal Items: items located in a room whether covered or not and which are part of the fabric, furniture or furnishings of said room, or which are designed for such use in the future and which are the objects and subjects of the Removal Contract;
Removal Price: The fee which the Customer pays to The Moving Guide for the Removal Contract, exclusive of any credit or subsequent calculation due to additional or reduced work;
Removal Date: The date and timeframe agreed between the parties on which the Removal will commence;
Household Contents: all the Removal Items which fall within the Removal Contract, with the exception of cash, documents with a monetary value and other cash-equivalent items;
Damages for delay: material damage as a consequence of the delayed arrival of Removal Items as specified, but not limited.
New value: the amount that is required immediately in the case of damage in order to purchase new items of the same type and quality;
Current value: the New Value minus an amount for depreciation on the basis of aging and wear and tear;
Market value: the amount for which an item can be traded on the regular market;
Additional work: activities to be performed by the Removals Company at the Customer's subsequent request and which are not agreed when the Removal Contract is signed;
Reduced work: Activities agreed and quoted for in the Removal Contract which the Removals Company does not perform as part of the Removal, for example because they are not necessary or because - in the view of the Removals Company or The Moving Guide - they are impossible;
Custodian: The professional custodian engaged by The Moving Guide which takes custody of the Customer's Removal Items and stores them for the long-term and holds them;
Storage Agreement: the contract in which the Storage Contractor undertakes to retain and return the Removal Items which the Customer entrusts or will entrust to him;
Article 2: Applicability and scope of the General Terms and Conditions
- These General Terms and Conditions apply to all (removal) contracts, proposals, offers, additional work or other types of commitment which The Moving Guide enters into with its Customers via its online platform, unless the applicability of these General Terms and Conditions is expressly excluded in writing by The Moving Guide;
- The Moving Guide expressly rejects the application of the Customer's general or purchasing terms and conditions, as well as conditional acceptance or other conditions on the part of the Customer;
- Should a situation arise between the Parties which is not (expressly) governed by these Terms and Conditions, or should an article from these Terms and Conditions be deleted or become null and void on the basis of a mandatory provision, this situation shall be assessed according to the spirit of these general terms and conditions and the Parties undertake to agree an alternative provision in the spirit of the void or deleted provision;
- The provisions of clause 3 of this article have no impact on the validity of the remaining conditions and clauses;
- By using the Online Platform, the Customer is aware of and agrees with the latest version of these Terms and Conditions. The validity of the General Terms and Conditions is again confirmed expressly by the parties when the Removal Contract is agreed;
SECTION 2 - THE REMOVAL CONTRACT
Article 3: Use of the Online Platform
- Effective operation of the Online Platform - including (but not exclusive to), offering comparisons between the services of Removals Companies and the preparation of proposals for Removal Contracts for future customers - is predominantly dependent on the accuracy of the data which the Customer enters. The Customer is responsible for ensuring the accuracy of this data and indemnifies The Moving Guide and exempts it from all liability for any (negative) consequences of any nature whatsoever as the result of providing incorrect or incomplete information;
- The Online Platform uses the data provided by the Customer, such as the distance between the loading and unloading point, the numbers and types of rooms to be moved and any special removal items, as well as the rates specified by the Removals Companies, to prepare a proposal using an algorithm;
- The Moving Guide cannot be bound by proposals prepared on the basis of information provided inaccurately by the Customer and is entitled to destroy any such proposal without liability to the Customer;
- The Moving Guide cannot be bound by proposals prepared on the basis of information provided inaccurately by the Removals Company and is entitled to destroy any such proposal without liability to the Customer, provided that The Moving Guide undertakes as far as possible - where this can reasonably be expected of The Moving Guide - to offer the Customer an alternative Removals Company which is as close as possible to the destroyed Removal Contract;
- The Moving Guide cannot be held to its proposals and offers if the customer reasonably and fairly and in accordance with generally held views should have understood that the proposals or offers, or any part thereof, contained an obvious error or spelling mistake, or if the circumstances - such as the Removal Price or the availability of the Removals Companies or the unusual features of the Removal Items, Loading or Unloading Point - according to which these proposals were prepared vary too significantly in the opinion of The Moving Guide from the circumstances at the time of acceptance or if the Removals Company has made an obvious mistake in his offer or proposal;
- Moovyn makes every effort to ensure availability of the Online Platform 24 hours per day. However there may be occasions when the Online Platform is not functioning fully or correctly. Moovyn accepts no liability for the failure to process or the possible incorrect processing of proposals and the Removal Agreement during any temporary failure of the Online Platform and is entitled to destroy these without liability to the Customer.
Article 4: Formation of the Removal Contract
- The Removal Agreement is formed when the Customer agrees with the proposal provided by The Moving Guide via the Online Platform. Failure by the Customer to comply with the payment obligations shall result in the Removal Contract not being formed;
- The Removal Contract is agreed between The Moving Guide and the Customer. By signing the Removal Contract, The Moving Guide instructs the Removals Company to proceed with the Removal, or to reserve the Removal date for the Customer;
- The Removal Contract is agreed for an indefinite period and ends by force of law on completion of the Removal.
- Any additional agreements, pledges or notifications made by employees of The Moving Guide, or on behalf of The Moving Guide or made by the Removals Company of other individuals acting as representative are binding on the part of The Moving Guide only if these are expressly confirmed in writing by its authorised management representatives or by other duly authorised individuals.
- The Moving Guide enters into a Removal Contract for Removals from Loading Points within the UK to Unloading Points within the UK for Customers with a UK (invoice) address. The Customer is permitted to enter into a Removal Contract with The Moving Guide if the Customer is a consumer as defined by law. If the Customer enters into the Removal Contract in the capacity of a legal person, the natural person acting on behalf of the Customer is severally liable for the obligations arising from the Removal Contract as if he had entered into the Removal Contract under personal title.
- The provisions of paragraph 5 of this article do not affect the obligations of any legal person who has entered into the Removal Contract with The Moving Guide as a Customer.
Article 5: Obligations on the part of the customer
- The Customer shall exercise all due care towards The Moving Guide and the Removals Company both during the preparations for the Removal and during the Removal itself. If the Customer hinders, delays or blocks the Removal in any way by consciously or unconsciously failing to obtain access to the Loading or Unloading Point or the Removal Items, or is accused of negligence in the broadest sense of the word, The Moving Guide is entitled to suspend its obligations under the Removal Contract.
- The Customer undertakes to make the Loading and Unloading Point accessible and shall ensure that all necessary agreements, exemptions and permits are obtained from third parties such that these will not hinder or delay the Removal in any way whatsoever.
- The Customer undertakes to follow instructions from The Moving Guide with respect to making Removal Items suitable for the Removal. Any actions which The Moving Guide and/or the Removals Company are required to perform in order to make items suitable for Removal will be charged to the Customer as Additional Work;
- The Customer shall inform The Moving Guide of any special Removal Items well in advance of the Removal, including:
- all items whose presence represents an exceptional risk of damage to the Removal Items, the Removals Company's operating equipment or physical injury of any kind;
- all items of a technical nature for which the manufacturer has issued users with special safety measures to be implemented prior to commencing transport;
- all items of an exceptional nature which are subject to special provisions from domestic and/or foreign (government) bodies, such as items of exceptional sentimental or financial value, works of art or valuable collections, (replicas of) firearms;
- all articles which are of above-average fragility or value and where particular care is required during the removal;
- The Customer shall inform The Moving Guide of any special features of the Loading and Unloading Point well in advance of the removal, including:
- special features of the Unloading Point which may in any way affect the Removals Company's activities (for example a living room on the first floor);
- special features of the Loading Point which may in any way affect the Removals Company's activities (for example a lift in an apartment building);
- other matters and circumstances of any nature whatsoever which it may be important for the Removals Company to know (for example a broken pavement in front of the house on the Removal Date).
- If the Customer passes hazardous items or substances to The Moving Guide as defined by the Transport of Hazardous Substances, the Customer must advise The Moving Guide of the nature of the hazard that these entail and the preventive measures which the removals Company must implement.
- The Moving Guide is entitled to refuse to move hazardous items or substances which it was not informed about when the contract was agreed, or where the information in the opinion of The Moving Guide or the Removals Company is clearly incorrect.
- The Moving Guide is entitled to unload hazardous substances which it was not informed about when agreeing the contract at any time and place and to (arrange to) make these safe of destroy them at the Customer's own cost. Furthermore, the Customer is then liable for all reasonable and assignable costs and for any damage arising from the transport of said hazardous substances.
- In paragraphs 6, 7 and 8 of this article, the Removals Company should be considered as the equivalent of The Moving Guide if The Moving Guide´s intervention is reasonably and fairly impossible.
- If - in the opinion of The Moving Guide - the Customer has failed to take the provisions of this article into (sufficient) consideration, The Moving Guide is entitled to suspend its obligations arising from the Removal Contract without compensation to the Customer.
- The Customer indemnifies The Moving Guide and the Removals Company from any third-party liabilities which may arise from executing the Removal.
Article 6: Obligations on the part of The Moving Guide
- The Moving Guide will provide the customer with instructions that are as clear and unambiguous as possible with respect to making Removal Items suitable for the Removal, and if required will provide the Customer with removal boxes.
- The Moving Guide is obliged to (arrange to) deliver the Removal Items to the destination (and where reasonably possible, place it in its designated spot) in the state in which it was presented for packing, dismantling or transport;
- The Moving Guide is obliged to complete a specified Removal, other than in the case of the exceptions specified in article 5 of these Terms and Conditions;
- The Moving Guide's obligations under the Removal Contract end at the moment that the Removal Items are delivered to the agreed destination. All additional activities after the time of delivery shall be considered to be Additional Work.
Article 7: Dissatisfaction, complaints and damage
- Should the Customer have any comments or observation concerning how the Removal is carried out, these should be discussed with the Removals Company on site in the first instance. Should the Customer and the Removals Company fail to reach agreement, The Moving Guide shall provide guidance to the Customer and give the Removals Company instructions;
- The Customer undertakes to follow the procedures specified by The Moving Guide when reporting dissatisfaction, complaints or damage - to the exclusion of other channels - via the Online Platform.
- The Moving Guide accepts no liability for failure or delays in handling reports of dissatisfaction, complaints or damage which are not communicated in the way specified by The Moving Guide;
- Dissatisfaction, complaints or damage in relation to Additional Work not confirmed by The Moving Guide will not be considered and fall outside the scope of the Removal Contract.
Article 8: Removal Price and Payment
- The rates and prices specified by The Moving Guide are dependent on the rates specified by Removals Companies, and are therefore subject to fluctuation.
- The Removal Price is payable immediately on agreement of the Removal Contract via the payment options specified by The Moving Guide. The Moving Guide will invoice additional costs such as costs for Additional Work or costs arising from Custodianship separately and these shall be payable within 30 days of the invoice date, unless a different date is specified on the invoice;
- All amounts are in euros and inclusive of VAT, unless expressly agreed otherwise in writing.
- Payment in instalments is possible, however, full payment must be completed before The Moving Guide is obliged to (arrange) execution of the Removal. If the Parties have agreed payment in instalments, but The Moving Guide has received no or only partial payment at the latest by 7 days prior to the Removal Date, The Moving Guide may offer the Customer an alternative Removal Contract and/or Removal Date, however, The Moving Guide is not obliged to do this and the provisions of article 9 with respect to the cancellation fee remain unaffected;
- If payment in instalments is agreed, article 4 paragraph 1 applies such that payment of the first instalment forms the Removal Contract.
- The Customer can be required to settle claims from The Moving Guide at any time, unless the parties have expressly agreed otherwise prior to the removal Contract.
- If on submission of the invoice by The Moving Guide, The Moving Guide is of the opinion that the Customer is not meeting or will not meet his payment obligation, the Moving Guide is entitled to suspend (completion of) the Removal. In this case, The Moving Guide is furthermore entitled to store and sell the Removal Items without compensation to the Customer.
- If an invoice remains unpaid after the deadline specified in paragraph 2 of this article, the Customer shall, having been sent a reminder by The Moving Guide in the form of a notice of default, be liable for extra-judicial costs in accordance with the scale specified in the UK The Customer is also liable for all other costs arising from late payment, such - but not restricted to - bailiff costs, lawyer's fees and other legal costs;
- If the Customer is not the individual whose Removal Items are specified in the Removal Contract, The Moving Guide will make special arrangements with the Customer for the payment of costs arising from the Removal Contract and with respect to delivery if the owner of the Removal Items himself cannot be contacted. Should the Customer fail to meet its payment obligations, the owner of the Removal Items is liable for the payment of the Removal Price and act on behalf of the Customer with respect to the obligations under the Removal Contract.
- If an invoice is not paid in full after the deadline specified in paragraph 2 of this article, the Customer is, with no further notice of default required, required to pay cumulative late-payment interest to Moovyn of 2% per month (or part thereof) on the principal amount. Parts of months are considered to be full months in this situation;
- In the situation above, or in similar circumstances, The Moving Guide may elect to terminate the contract in whole or in part, without further notice of default or legal intervention, and may also claim compensation while having no obligation to pay compensation to the Customer.
- If The Moving Guide has a reasonable suspicion to doubt the Customer's creditworthiness, it may suspend its obligation or refuse to perform any Additional Work.
- Payments made by the Customer are always prioritised to settle all interest and costs owing, and then to settle the oldest outstanding invoices, unless when making payment, the Customer expressly specifies in writing that the payment is in respect of a later invoice. If the Customer, for whatever reason, has, believes that it has, or will have one or more claims against The Moving Guide, it will under no circumstances be entitled to a legal set-off against any such claim. This waiver of right to settlement applies equally where the Customer applies for (temporary) suspension of payments or is declared bankrupt.
- Where The Moving Guide owes payment to the Customer, payment will be made within 14 days from the date on which The Moving Guide became aware of its payment obligation.
Article 9: Postponement, cancellation and termination
- The Customer is entitled to cancel the contract at any time without providing reasons.
- In the case of cancellation pursuant to paragraph 1, the Customer shall pay The Moving Guide a cancellation fee based on the scale below:
- up to 30 days prior to the Removal Date 15% of the Removal Price;
- up to 14 days prior to the Removal Date maximum 50% of the Removal Price;
- up to 7 days prior to the Removal Date maximum 75% of the Removal Price;
- the full Removal Price is payable up to within 7 days of the Removal Date;
- The cancellation fee shall be charged - where applicable - by crediting the remaining amount. The Moving Guide undertakes to refund and remaining amount to the Customer within 14 days.
- The Customer may terminate the removal contract without payment of a cancellation fee if the Customer is advised that The Moving Guide will be unable to complete the Removal on the Removal Date and the Customer can not reasonably be expected to agree an alternative Removal Date. The Customer must advise The Moving Guide of the termination within 24 hours of becoming aware of this situation, taking into account paragraph 6 of this article. This right to termination does not apply where the difference is a timeframe shorter than four (4) hours.
- If prior to or during the transfer of the Removal Items to The Moving Guide/the Removals Company, circumstances emerge in relation to either party which the other party did not need to know when agreeing the contract, but which knowledge would have been reasonable grounds not to enter into the removal contract, or to do so only under different terms and conditions, the other party is entitled to terminate the contract.
- The contract must be terminated by giving written or electronic notice to the other party, and the contract ends at the time of receipt of this notification.
- Following termination of the contract, and in accordance with standards of reasonableness and fairness, the parties are obliged to provide evidence to each other of the damage suffered for which compensation is claimed, other than in the exceptions specified by Moovyn in these Terms and Conditions. The level of compensation may not exceed the agreed removal price.
Article 10: Amendment to the Removal Contract
- The Customer may ask The Moving Guide to amend the execution of the Removal Contract. The proposed amendment must be feasible for The Moving Guide and/or the Removals Company and must not disrupt The Moving Guide's and/or the removals Company's business operations. Furthermore, the Customer must indemnify The Moving Guide against all necessary costs and disadvantages which actually arise from the amendment to the Removal Contract.
- If, due to unforeseen circumstances, The Moving Guide is unable to comply with the removal contract in accordance with its instructions and within a normal period of time, it must:
- request new instructions from the Customer or, if this is not possible, implement measures which in its view are in the interests of the Customer as far as possible.
- In the case of Additional Work, The Moving Guide will use information from the Removals Company's to issue an updated quote via the Online Platform, unless this is not possible due to the urgency of the Additional Work.
- The Moving Guide is under no circumstance obliged to compensate or credit the Customer for Reduced Work.
- The Moving Guide accepts no liability for damage or other negative consequences caused by Additional Work performed by the removals Company which The Moving Guide has not expressly approved and quoted for in writing. Should this Additional Work lead to a conflict between the Customer and the Removals Company, The Moving Guide may - but is not obliged to - act as mediator.
Article 11: Storage
- If prior to execution of the Removals Contract, or during the Removal, it emerges that Storage of (part of) the Removal Items is necessary and is required by the Customer, The Moving Guide may enter into a Storage Contract on behalf of the Customer with a Storage Contractor to be appointed by The Moving Guide.
- If any of the provisions of this are in conflict with the provisions of these Terms and Conditions, the Terms and Conditions shall take precedence.
- Insofar as the Storage Contract is able to exercise rights of any kind to the Customer, The Moving Guide is entitled to exercise the same rights to the Customer.
- The Moving Guide will apply the same degree of care when engaging Storage Contractors that it does when engaging Removals Companies.
SECTION 3 - LIABILITY AND INSURANCES
Article 12: Liability on the part of The Moving Guide
- The Moving Guide cannot claim any limit in liability insofar as damage is caused by its own actions or negligence, either with the intention to cause damage, or recklessly and with the knowledge that this damage would be the probable result;
- If the Removals Company or Storage Contractor invokes force majeure in their commitments to The Moving Guide, The Moving Guide shall similarly invoke force majeure to the Customer;
- Force majeure is defined as circumstances which hinder compliance with the commitments and which are not attributable to The moving Guide. This includes, but is not restricted to: strikes at companies other than The Moving Guide, wild strikes or political strikes within The Moving Guide, a general shortage of the necessary raw materials and other items or services necessary to deliver the agreed performance, non-foreseeable stagnation among suppliers or other third parties on which The Moving Guide is dependent, (un)natural disasters which have consequences for the infrastructure used by The Moving Guide, (threat of) - declared or non-declared - war, (threat of) terrorism and general transport problems in the broadest sense. The moving Guide in entitled to invoke force majeure if the circumstance which hinders (further) compliance occurs after The Moving Guide should have met its commitment. Supply and other obligations on the part of The Moving Guide are suspended during periods of force majeure;
- The Removal Items should be checked for any visible defects as soon as they are delivered to the Unloading Point. Complaints concerning visible defects must be reported to The Moving Guide immediately in the manner specified by The Moving Guide. The Customer must report complaints concerning other defects to The Moving Guide in writing within 8 days of delivery, in the manner specified by The Moving Guide. After this deadline, The Moving Guide has no obligation whatsoever with respect to complains from the Customer. The Customer must provide evidence that the items delivered and their packaging showed defects at the time of delivery. The burden of proof lies with the Customer to show that the items to which the complaint relates were delivered in a worse condition than they were in when passed to the Removals Company for Removal. Even if the Client submits a complaint, the Customer's obligation to make payment and accept orders remains unaffected. Items may be returned to The Moving Guide only with prior written consent;
- If the period of force majeure during which The Moving Guide is unable to comply with its obligations exceeds 14 days, both The Moving Guide and the Customer are entitled to terminate the contract in writing, without this resulting in any obligation on the part of The Moving Guide to pay compensation. If at the time that the force majeure commences The Moving Guide has already met its obligations in part, or is able only partially to meets its obligations, it is entitled to invoice the proportion already delivered and deliverable separately, and the Customer is obliged to pay this invoice as if it were with respect to a separate contract;
- Should The Moving Guide be found liable, such liability shall by limited to direct damage. Liability for consequential damage is expressly rejected;
- Direct damage is defined exclusively as - in the opinion of The Moving Guide - reasonable costs to establish the cause and extent of the damage where this relates to damage as defined in these terms and conditions, any reasonable costs incurred to hold The Moving Guide accountable for its defective performance in relation to the agreement where this is attributable to The Moving Guide, and reasonable costs incurred insofar as the Customer demonstrates that these costs limited the direct damage as defined in these general terms and conditions. The Moving Guide is under no circumstance liable for indirect damage, including consequential damage and damage as the result of business interruption;
- The Moving Guide shall under no circumstances be held liable for an amount in excess of the (combined) Removal Price to which The Moving Guide has liability to the Customer by force of this contract;
- Should the provisions of paragraph 10 of this article not apply, liability on the part of The Moving Guide is limited to the amount that its insurance company pays for said damage.
SECTION 4: LEGAL
Article 14: Applicable Law and Choice of Forum
- The contract agreed between The Moving Guide and the other party is governed exclusively by the United Kingdom law. Any disputes arising from this contract shall equally be settled in accordance with UK law.
- Any dispute shall be settled by the competent UK court, provided that The Moving Guide obtains authorisation to submit a case to the competent court in the place where The Moving Guide is headquartered, unless such a choice of forum is excluded by mandatory legal provisions.
- With respect to disputes arising from a contract agreed with a Customer domiciled outside of the UK The Moving Guide is entitled to act pursuant to paragraph 2 of this article or - at its own choice and therefore not obligatory - submit disputes to the competent court in the country where the other party is domiciled.