Terms and conditions

Article 1. Definitions

In these general terms and conditions the following terms, always written with an initial capital letter, are used with the following meanings.

1. Verhuisbedrijf Holland: the user of these general terms and conditions, established at Korte Zuwe 2, 3985 SM in Werkhoven, registered in the Commercial Register under Chamber of Commerce (KvK) number 68384947.

2. Client: any natural or legal person with whom Verhuisbedrijf Holland has concluded, or intends to conclude, an Agreement.

3. Consumer: a Client who is a natural person not acting for purposes relating to his trade, business or profession.

4. Parties: Verhuisbedrijf Holland and the Client jointly.

5. Agreement: any agreement between the Parties under which Verhuisbedrijf Holland undertakes towards the Client to provide Removal Services.

6. Removal Services: the removal services which Verhuisbedrijf Holland has undertaken to provide to the Client under the Agreement.

7. In Writing: communication in written form, communication by e-mail or any other method of communication that, having regard to the state of the art and generally accepted standards, may be treated as equivalent thereto.

Article 2. General provisions

1. These general terms and conditions apply to every offer made by Verhuisbedrijf Holland, to every Agreement concluded and to all legal relationships between the Parties arising from it.

2. These general terms and conditions also apply to Agreements for the performance of which Verhuisbedrijf Holland engages third parties.

3. The applicability of any general terms and conditions of the Client, by whatever name they may be known, is expressly rejected.

4. The provisions of these general terms and conditions may be departed from only expressly and In Writing, for example because the written proposal of Verhuisbedrijf Holland accepted by the Client states otherwise, or because the Parties have agreed otherwise by an exchange of e-mails. If and to the extent that what the Parties have expressly agreed In Writing departs from the provisions of these general terms and conditions, what the Parties have expressly agreed In Writing shall prevail.

5. The annulment or nullity of one or more of the provisions of these general terms and conditions or of the Agreement as such shall not affect the validity of the remaining provisions. In such a case the Parties are obliged to consult with one another in order to agree a replacement arrangement for the affected provision. In doing so, the purpose and intent of the original provision shall be observed as far as possible.

Article 3. Offer and formation of the agreement

1. Every offer made by Verhuisbedrijf Holland, whether oral or In Writing, is made without obligation, even where it states a period for acceptance. Verhuisbedrijf Holland may still revoke its offer immediately, or at least as soon as possible after its acceptance by the Client.

2. The Client may derive no rights from an offer of Verhuisbedrijf Holland that contains an obvious error or mistake.

3. Every Agreement is formed, without prejudice to the provisions of paragraph 1, at the moment the offer of Verhuisbedrijf Holland is accepted by the Client in the manner designated for that purpose by Verhuisbedrijf Holland, if any. If the Client’s acceptance departs from the offer of Verhuisbedrijf Holland, the Agreement is not formed in accordance with that differing acceptance, unless Verhuisbedrijf Holland indicates otherwise.

4. If Verhuisbedrijf Holland provides the Client with a written confirmation following an Agreement concluded orally, that confirmation is deemed to represent the Agreement correctly and in full, unless the Client complains about it to Verhuisbedrijf Holland In Writing within two working days of receiving that confirmation.

5. If the Client concludes the Agreement in the name of another natural or legal person, he declares by entering into the Agreement that he is authorised to do so. In addition to that (legal) person, the Client is jointly and severally liable for the performance of the obligations under that Agreement.

6. Where the Parties have agreed that Verhuisbedrijf Holland will carry out the Removal Services for a fixed price without a prior site visit, the Client is obliged to provide Verhuisbedrijf Holland, before the Agreement is formed, with a complete inventory list filled in truthfully. In such a case the offer of Verhuisbedrijf Holland is based on the inventory list provided by the Client. If the actual size or nature of the household goods to be moved differs from what is stated in the inventory list, Verhuisbedrijf Holland is entitled to carry out the Removal Services solely in accordance with the inventory list, unless the Parties further agree that the Agreement is to be amended, which may include the agreed price and/or the schedule for carrying out the Removal Services. Verhuisbedrijf Holland is not liable for any loss, delay or additional costs arising from incorrect or incomplete information in the inventory list provided by the Client.

Article 4. Third parties

1. Verhuisbedrijf Holland is entitled to have the Removal Services carried out wholly or in part by third parties and thus to involve third parties in the performance of the Agreement.

2. These general terms and conditions are also stipulated for the benefit of any third parties that Verhuisbedrijf Holland involves in the performance of the Agreement. Accordingly, those third parties may, in so far as the right to rely on the provisions cannot by their nature or intent be reserved exclusively to Verhuisbedrijf Holland, invoke the provisions of these general terms and conditions against the Client as if they were themselves a party to the Agreement in place of Verhuisbedrijf Holland.

Article 5. Obligations of the client in general

1. The Client must provide Verhuisbedrijf Holland with all information that is reasonably relevant to the setup and performance of the Agreement in good time, in full and in the manner designated for that purpose by Verhuisbedrijf Holland, if any. The Client warrants that the space(s) where the work is to be carried out are accessible. If a lift or staircase must be used when carrying out the Removal Services, the Client must notify Verhuisbedrijf Holland of its presence before the Agreement is concluded. The Client warrants the accuracy of all information he provides to Verhuisbedrijf Holland. Verhuisbedrijf Holland is never liable for loss or damage arising as a result of incorrect or incomplete information provided by the Client.

2. Furthermore, the Client must at all times give Verhuisbedrijf Holland all cooperation required for the performance of the Agreement and take the preparatory measures expressly agreed, for example with regard to dismantling the goods to be moved before the Removal Services begin. The Client shall take all reasonable measures to optimise the performance of the Agreement. The Client is also obliged to notify Verhuisbedrijf Holland as soon as possible of all facts and circumstances that come to light, whether or not after the Agreement has been formed, and of which it is reasonably apparent that those facts or circumstances affect the timely and/or proper performance of the Agreement.

3. The Client warrants that the persons deployed by Verhuisbedrijf Holland will have access to a parking space and that any permits and exemptions required for removal vans and removal lifts have been applied for in good time.

4. If the Client fails to perform his obligations under the Agreement, including as set out in the previous paragraphs of this article, Verhuisbedrijf Holland is entitled, without prejudice to the provisions of article 9, to pass on to the Client any additional costs and losses arising as a result.

Article 6. Cancellation of the agreement by the client

1. If the Client cancels the Agreement after it has been formed, the following cancellation arrangement applies: in the event of cancellation up to the 30th day (exclusive) before the Removal Services begin, the Client owes 10% of the agreed total price; in the event of cancellation between the 30th day (inclusive) and the 14th day (exclusive) before the Removal Services begin, the Client owes 30% of the agreed total price; in the event of cancellation between the 14th day (inclusive) and the 7th day (exclusive) before the Removal Services begin, the Client owes 50% of the agreed total price; in the event of cancellation between the 7th day (inclusive) and the 2nd day (exclusive) before the Removal Services begin, the Client owes 75% of the agreed total price; in the event of later cancellation, or where Verhuisbedrijf Holland is unable to provide the Removal Services due to another circumstance attributable to the Client, the Client remains liable for the full agreed total price. If and to the extent that the agreed total price would be determined on the basis of subsequent calculation, such as in the case of an hourly rate, the time expected to be spent by Verhuisbedrijf Holland is taken as the basis for determining the total price and the cancellation costs referred to above. A reasonable estimate by Verhuisbedrijf Holland of the time to be spent is binding on the Client.

2. If the loss suffered by Verhuisbedrijf Holland as a result of the cancellation exceeds the cancellation fee under the previous paragraph, the excess may also be charged to the Client, up to a maximum of the full agreed total price.

Article 7. Performance of the removal and damage

1. Verhuisbedrijf Holland performs the Agreement in accordance with the instructions as expressly agreed In Writing between the Parties. Verhuisbedrijf Holland is not obliged to perform work that falls outside the content or scope of the Agreement, save for the possibility for the Parties to make further arrangements about this at an additional charge.

2. If a staircase or lift present in the building must be used, the Client warrants that it is sufficiently large and free of obstacles to carry the goods, including any packaging, up or down. The goods, in their packaging where applicable, must fit through the doors of the premises.

3. The Client warrants that all access routes, as well as the space where the goods are to be placed, are free of obstacles.

4. Only if and to the extent that it has been expressly agreed In Writing that Verhuisbedrijf Holland will carry out this work, Verhuisbedrijf Holland is obliged to pack, or to dismantle, and to unpack or reassemble at the destination, the goods that, given their nature or the manner of transport, ought to be packed or dismantled. If and to the extent that this work has not been agreed, the Client is himself obliged to arrange the packing, dismantling, unpacking and reassembly of the goods. Paintings and other works of art must at all times be packed by the Client himself in professional painting or art removal boxes. If the Client fails to do so, Verhuisbedrijf Holland is not liable for any damage to or defects in these goods that arise during the Removal Services. Likewise, televisions, monitors and other display screens must at all times be packed by the Client himself in professional screen boxes or the original manufacturer’s packaging. If the Client fails to do so, Verhuisbedrijf Holland is not liable for any damage to or defects in these goods that arise during the Removal Services.

5. Verhuisbedrijf Holland is obliged to deliver the goods to the destination in the condition in which they were made available to it for packing or dismantling under the previous paragraph, or in the condition in which they were made available to it for transport.

6. Verhuisbedrijf Holland is obliged to complete a removal that has begun without delay.

7. If Verhuisbedrijf Holland fails to comply with the provisions of paragraph 5 or 6, it is nevertheless not liable for the loss or damage arising as a result, in so far as that non-compliance was caused by a circumstance that a careful remover could not have avoided and in so far as such a remover could not have prevented its consequences. Thus Verhuisbedrijf Holland cannot guarantee that no delay will occur. Any delay may result, among other things, from the overrun of a preceding removal, traffic congestion, weather conditions or vehicles wrongly parked by third parties, even if Verhuisbedrijf Holland applied in good time for traffic signs to keep the required space free. Verhuisbedrijf Holland is not liable for loss or damage resulting from any delay as referred to here.

8. Verhuisbedrijf Holland is furthermore not liable for loss or damage arising as a result of the special risks connected with one or more of the following circumstances: the packing or dismantling, or the unpacking or reassembly, of goods by the Client or with the help of any person or means made available for that purpose by the Client on his own initiative; the choice by the Client of a manner of packing the goods or a manner of performing the Agreement that differs from what is customary; assistance with the removal by the owner of the goods, his family members, friends or third parties whom he has asked to help with the removal; the presence, among the goods to be transported, of goods in respect of which, had Verhuisbedrijf Holland been aware of their presence and their nature, special measures would have been taken; the nature or condition of the goods themselves, which, due to causes connected with that nature or condition, are exposed to total or partial loss or to damage, such as leakage, deflation or melting of other goods forming part of the household effects, the perishing of plants, the failure of or damage to antique goods, or the loss of banknotes, negotiable instruments, precious metals, coins and medals, precious stones, pearls, documents and collections, unless the Client, before the removal begins, has handed these items to Verhuisbedrijf Holland separately and with a written statement of their quantity and value; the failure or malfunction of electrical, electronic and mechanical equipment.

9. Where Verhuisbedrijf Holland proves that its failure to comply with the obligation resting on it under the previous paragraph may have resulted from one or more of the special risks referred to in the previous paragraph, the failure is presumed to result from it, subject to evidence to the contrary provided by the Client.

10. In so far as the Client does not appear, refuses to receive goods or does not take receipt of them with the required promptness, or in so far as goods have been seized, Verhuisbedrijf Holland is entitled to store these goods, for the account and risk of the person entitled to them, in a suitable storage facility.

11. Without prejudice to the provisions of this article, Verhuisbedrijf Holland is not liable for any loss or damage other than that caused by the failure to comply with its obligations as referred to in paragraph 5 or 6.

12. If damage is found on delivery of the goods, the Client must report this to Verhuisbedrijf Holland at the time of delivery. If there is no opportunity at delivery to check for any damage to the goods, the Client must declare this In Writing beforehand or at the latest at the time of delivery. In that case the Client must report any damage to Verhuisbedrijf Holland In Writing within two working days after he is able to check the delivered goods for damage. The foregoing applies on the understanding that, if Verhuisbedrijf Holland has not been notified of damage In Writing within seven days of delivery, delivery is deemed to have taken place without damage to the goods. If the Client does not complain in good time and in accordance with the foregoing, no obligation or liability whatsoever arises for Verhuisbedrijf Holland from such a complaint.

13. In so far as Verhuisbedrijf Holland is liable for failing to comply with the obligations resting on it under paragraph 5 or 6, the Client has no right other than to claim, at his choice, payment of a reasonable amount for the repair of the damaged item or payment of the diminution in value of the damaged item. In the event of damage, the Client is obliged to submit to Verhuisbedrijf Holland the original purchase receipt for the damaged item. If the original receipt is no longer available, the Client must obtain a statement or proof of value from the original supplier and provide it to Verhuisbedrijf Holland. Without submission of an original receipt or a proof of value issued by the supplier, Verhuisbedrijf Holland is entitled to reject damage claims.

14. In so far as Verhuisbedrijf Holland is liable for failing to comply with the obligations resting on it under paragraph 5 or 6, it is not liable for more than €23,000 per set of household effects. €23 of the loss suffered remains for the account of the Client.

Article 8. Force majeure

1. Verhuisbedrijf Holland is not obliged to perform any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it under the law, a legal act or generally accepted standards (force majeure). Force majeure is understood to mean, in addition to what is understood by it in legislation and case law, all external causes over which Verhuisbedrijf Holland has no control and which make the (further) performance of the Agreement impossible.

2. If and to the extent that the force majeure situation makes performance of the Agreement permanently impossible, the Parties are entitled to dissolve the Agreement with immediate effect.

3. If, when the force majeure situation arose, Verhuisbedrijf Holland had already partly fulfilled its obligations, or is able to fulfil only part of its obligations, the Client owes a proportionate payment for the part already carried out, or the part still capable of being carried out, of the Agreement, as if it were a separate Agreement. Loss suffered in connection with force majeure, other than (partial) refund or (partial) waiver of the agreed price for that part of the Agreement affected by force majeure, is never eligible for compensation.

Article 9. Suspension and dissolution

1. Unless the Client’s failure, given its special nature or minor significance, does not reasonably justify this suspension and its consequences, Verhuisbedrijf Holland is entitled to suspend the further performance of the Agreement if and for as long as the Client fails to perform his obligations under the Agreement that are already due and payable (including the provisions of these general terms and conditions).

2. Verhuisbedrijf Holland is entitled to dissolve the Agreement wholly or in part with immediate effect if the Client fails to perform his obligations under the Agreement, or fails to do so in good time or in full, unless the Client’s failure, given its special nature or minor significance, does not reasonably justify this dissolution and its consequences. If performance of the obligations in respect of which the Client is in default is not permanently impossible, the right to dissolve arises only after the Client has been given notice of default by Verhuisbedrijf Holland In Writing, in which notice of default a reasonable period is stated within which the Client may (still) perform his obligations, and performance has still not taken place after the expiry of that latter period. The provisions of the previous sentence do not apply if Verhuisbedrijf Holland must infer from a communication of the Client that the Client will permanently fail to perform, in which case a notice of default would be pointless.

3. Unless the Client has already fully performed his (future) payment obligations towards Verhuisbedrijf Holland, Verhuisbedrijf Holland is entitled to dissolve the Agreement wholly or in part with immediate effect if the Client is in a state of bankruptcy, any attachment has been levied on his assets or he is otherwise unable to dispose freely of his assets.

4. Verhuisbedrijf Holland is furthermore entitled to dissolve the Agreement wholly or in part if circumstances arise of such a nature that performance of the Agreement is impossible or that its unchanged continuation cannot reasonably be required of it.

5. The Client is never entitled to any form of compensation in connection with the right of suspension and/or dissolution exercised by Verhuisbedrijf Holland under this article.

6. If the ground that led to the suspension or dissolution of the Agreement is attributable to the Client (which, only in the case of paragraph 4, need not always be so), Verhuisbedrijf Holland is entitled to compensation from the Client for the loss it suffers as a result.

7. If Verhuisbedrijf Holland dissolves the Agreement under this article, all outstanding claims against the Client become immediately due and payable.

Article 10. Prices, additional work and payments

1. The Parties expressly agree the fixed price or the hourly rate at which the Agreement is to be performed. Additional costs that Verhuisbedrijf Holland must incur as a result of the Client’s failure to perform his obligations under the Agreement, including as provided for in these general terms and conditions, are additionally for the account of the Client.

2. If, at the request or with the express consent of the Client, Verhuisbedrijf Holland performs work that falls outside the content or scope of the Agreement (additional work), the resulting additional costs are for the account of the Client.

3. All amounts stated by Verhuisbedrijf Holland and owed to it by the Client are exclusive of VAT, on the understanding that these amounts are stated (also) inclusive of VAT if the Client is a Consumer.

4. If and to the extent that a fixed price has been agreed, that price is based on the facts and circumstances known to Verhuisbedrijf Holland at the moment Verhuisbedrijf Holland offered that price to the Client. If, in that case, increases occur in cost-determining factors that Verhuisbedrijf Holland could not reasonably foresee and over which Verhuisbedrijf Holland cannot reasonably exercise any influence, Verhuisbedrijf Holland is entitled to pass on these price increases to the Client, on the understanding that a Consumer is for that reason entitled to dissolve the Agreement if the price increase takes place within three months of the formation of the Agreement and Verhuisbedrijf Holland then expressly states that it does not wish to perform the Agreement on the price conditions originally agreed. The aforementioned right of the Consumer to dissolve the Agreement does not apply if the price increase results from increases in VAT rates or other government levies.

5. Unless expressly agreed otherwise In Writing, Verhuisbedrijf Holland is entitled to require full or partial advance payment from the Client. On completion of the Removal Services, the Client must pay all claims outstanding at that moment by return.

6. Payments must be made in the manner designated for that purpose by Verhuisbedrijf Holland.

7. Verhuisbedrijf Holland is entitled to make the invoices owed by the Client available to him solely by e-mail.

8. If the Client is in a state of bankruptcy, has applied for a (provisional) moratorium on payments, any attachment has been levied on his assets, or in cases where the Client is otherwise unable to dispose freely of his assets, the claims against the Client become immediately due and payable.

9. If timely payment is not made, the Client is in default by operation of law. From the day the Client’s default arises, the Client owes interest of 2% per month on the outstanding amount, whereby part of a month is treated as a full month. By way of derogation from the previous sentence, the statutory interest applies instead of the contractual interest referred to there if the Client is acting in the capacity of a Consumer.

10. All reasonable costs, such as judicial, extrajudicial and enforcement costs, incurred to obtain amounts owed by the Client, are for the account of the Client.

Article 11. Liability and indemnification

1. The provisions of this article apply without prejudice to the provisions concerning the liability of Verhuisbedrijf Holland in article 7.

2. If Verhuisbedrijf Holland has warned the Client of a risk of damage, and the Client nevertheless does not follow the instructions or advice of Verhuisbedrijf Holland, the resulting damage is entirely for the account and risk of the Client.

3. The Client bears the loss caused by inaccuracies in the Removal Services he has commissioned, inaccuracies in the working methods required by the Client and the data provided, any other failure to perform the obligations of the Client arising from the law or the Agreement, as well as any other circumstance that cannot be attributed to Verhuisbedrijf Holland.

4. Liability of Verhuisbedrijf Holland for indirect loss, consequential loss, lost profit, missed savings, missed revenue, reduced goodwill, loss due to business interruption, loss as a result of claims by the Client’s staff or customers, corruption or loss of data, and all loss or damage other than that caused by Verhuisbedrijf Holland’s failure to perform its obligations as referred to in article 7.5 and 7.6, on whatever ground, is excluded.

5. If, notwithstanding the provisions of article 7 and the previous paragraphs of this article, any liability for damage should rest on Verhuisbedrijf Holland, that liability shall be limited to the proper provision of the Removal Services after all, at least in respect of that part of the Agreement to which the liability of Verhuisbedrijf Holland relates. If such remedy is not possible, or is demonstrably pointless for the Client, the liability of Verhuisbedrijf Holland for loss or damage other than that caused by Verhuisbedrijf Holland’s failure to perform its obligations as referred to in article 7.5 and 7.6 shall be limited to one times the invoice value of the Agreement, at least that part of the Agreement to which the liability relates, on the understanding that the liability of Verhuisbedrijf Holland is in any event and at all times limited to no more than the amount actually paid out in the relevant case under the liability insurance taken out by Verhuisbedrijf Holland, increased by any excess of Verhuisbedrijf Holland that applies under that insurance.

6. The Client indemnifies Verhuisbedrijf Holland against any claims of third parties who suffer loss in connection with the performance of the Agreement and the cause of which is attributable to a party other than Verhuisbedrijf Holland. If Verhuisbedrijf Holland should be held liable by third parties on that ground, the Client is obliged to assist Verhuisbedrijf Holland both in and out of court and to do without delay everything that may reasonably be expected of him in that case. Should the Client fail to take adequate measures, Verhuisbedrijf Holland is entitled, without notice of default, to do so itself. All costs and loss on the part of Verhuisbedrijf Holland and third parties arising as a result are entirely for the account and risk of the Client.

7. By way of derogation from the statutory limitation period, the limitation period for all claims and defences against Verhuisbedrijf Holland is one year.

Article 12. Final provisions

1. Verhuisbedrijf Holland is at all times entitled to transfer its rights and obligations under the Agreement to a third party, for example in the event of a change of its legal form.

2. Netherlands law applies exclusively to every Agreement and to all legal relationships between the Parties arising from it.

3. Before making any appeal to the courts, the Parties are obliged to make every effort to settle the dispute by mutual consultation.

4. Only the competent court within the district of the Midden-Nederland District Court is designated at first instance to hear any judicial disputes between the Parties, without prejudice to the right of Verhuisbedrijf Holland to designate another court that is competent under the law. If the Client is a Consumer, the Consumer is entitled to choose the court that is competent under the law within one month after Verhuisbedrijf Holland has announced In Writing that it wishes to litigate before the court designated by it.